L557p RAI THE LIBRARY OF THE UNIVERSITY OF CALIFORNIA LOS ANGELES PRELIMINARY INVESTIGATION AND TRIAL OF n 8 tti ri^ r' ■- — ■ IIS FOR THE MURDER OF THOMAS SCOTT Bein^afu/l report of the proceedings in this case before the Magistrates' Court and the several Courts of Queen's Bench in the Province of Manitoba. Specially Reported and Pompiled by Mhssks. I'ELIOTT and F.R()K()VSkI, OF THE CANADIAN PRESS. [Coi'VRir.HT SRCURRD.") 1R74 DISPUTED LIMITS A SPECIALTY. OFFICE. CORNER OF ASSINIBOINE & NOTRE DAME STREETS, WINNIPEG, MA. THE PACIFIC LAUI^DRY^ N. B. CilURCH, Proprietor, Is now pri'piirctl to wii,s)i cvoiy iirticli' of ( 'lotliiii^, both Liulies' ami (touts', and <;i)aiiintct' satisfaction to cviTy patron. Ail ivimls of 1,A('K and KMlUtOlDERY and I'l.OTIl l'',S cleaned to order. Wc; will not allow any other estalilishnient to suriKLss ns in the liusine*is. We call for clothes and (h'liver them. All articles lo.st or destroyed will be replaced, or the money paid for the same. NEAR THE GRAND CENTIML HOTEL, WINNIPEG. MANITOBA CARRIAQE FACTORY, WINNIPEG. THOMAS LUSTED^ Corner of McDermott Avenue and Arthur Street. General Jobbing, Horsoshoeing, and all kinds of Blacksmithing and Kcpairing. i^-THE LARGEST ESTABLISHMENT AND STOCK WEST OF ST. PAUL. ONE AND ALL GIVE HIM A CALL. JAMES STKIATART^ aA.i^i^Y ST., Tv^i:NrNiP»Ea. PHYSICIANS' PHESCEIPTIONS CAHEFULLY PREPAHED. Saber and Cozifectioner^ WINNIPEG. Plans and Specifications of Buildings and Engineering Works prepared. OFFfCE, NOTRE DAME STREET, WEST. lis ^^Oiaaitifl llliiliilsl |sti/' THE NATIONAL PICTORIAL PAPER OF THE DOMINION. "WEEKLY— 16 pages. Illustrations of current Events, prominent Personages, Canadian Sceneiy, Public Buildings, the Fashions, etc. Literary, Artistic, Scientific, Domestic, and Miscel- laneous subjects treated in the letter-press by competent writers. Steadily advancing in Popular Favor, and equal, in every respect, to the best Euiopean and American Publications. 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THE BURLAND-DESBARATS LITHOGRAPHIC CO., PUBLISHERS, MONTREAL. SIGN OF THE BIG BOOK AND WATCH, MAIN STREET, "WINNIPEa. H. S. DOI^AL-DSON^ A BRO.^ BOOKS, STATIONERY, FANCY GOODS,^ CLOCKS. WATCHES & JEWELRY. A largo stock of School Uooku, Wall Papers and Drawing Materials kept conilantly on hand. JOHN ANGUS^ GOLD & SILVER ELECTROPLATING. ALL WORK WARRANTED. 'washhtctoit ^l buo., DEALERS IN Books, Stationery, Fancy Goods and Toys, WALL PAPER, Etc., aA.RRY ST., AVIlSTISriPEG. DEALER IN Watches, Clocks, Jevrelrjr, FAKCY GOODS & STATIONERY, MAIN STREET, WINNIPEG, MANITOBA. PRAGTIGAIi. GUN MAKSR^ GARRY STREET, Opposite Grace Church, FINE BUCK^LOADma SHOT GUNS A SPECIALTY. REPAIRING CAREFULLY AND NEATLY DONE. J. M. McGRBGOR^ BUYS AND SELLS REAL ESTATE, LOCATES LANDS AND LAND 'WARRANTS, Etc., "FREE PRESS" OFFICE, WINNIPEG, MANITOBA. POINT DOUGLAS, OPPOSITE THE UNITED STATES CONSULATE, NOW OPEN TO THE TEAVELINB PUBLIC AND SUPERIOR TO ANY OTHER HOUSE IN THE CITY. Parties wishing to secure apartments can do so by telegraphing to the manager from any station between Moorehead and Wmnipeg. W. G. FONSECA, Proprietor and Manager. MAIN STREET, WINNIPEG, MANITOBA. Real Estate, Insurance and General Agent. The subscriber is prepared to make Investments in this Province on eligible Security, First Jlortgages, &c., at rates of interest varying from 10 to 15 per cent. per annum. *yAll information regarding Investments will be promptly supplied on application. JOHN BREDEN, P. 0. Box 106, Winnipeg. REFERENCE : Merchants Bank of Canada, Winnipeg. W. J. MACAULAY & CO., M.\NLFAfrri{EBS AND PF.AI.KRS IN LUMBER, SHINGLES, LATH, PICKETS, &c., &c. Macaulayville Mills, Minnesota. Winnipeg Mills, Manitoba. MAM i-Ai 1 1 i:i:i;s and heai.kus in DOORS. SASH. BLINDS AND MOULDINGS OF EVERY DESCRIPTION. SASH AND DOOR FACTORY, WINNIPEG. Terms Cash, or approved paper at 30 days from purchase, bearing interest after due at 15 per cent, per annum. JOHN SGHUImTZ^ OfBce on Main Street, Winnipeg, next door to McMicken's Bank, DEALER m FURS AND REAL ESTATE. Agent for MANITOBA INVESTMENTS in Mortgages on Real Estate. Improved Farms in the Settlement Belt, and City Lots in Winnipeg for Sale. BARRISTER k ATTORNEY AT LAW, PORTAGE LA PRAIRIE. MANITOBA. SPECIAL ATTENTION GIVEN TO LAND AND REAL ESTATE MATTERS, lia"W, STOBAKD (& CO., 28 FENCHURCH STREET, LONDON, ENGUD, AND MAIN STREET, \VINNIPEa, WlIOl.KSAM-; DKALEUS IN DRY GOODS, BLANKETS, CLOTHING & INDIAN TRADING GOODS. J. FHEBMAN, Agent. JAMES H, ASHDOWN & CO., IMl'OKTKRS AND DEALERS IN WAGGONS, PLOWS & HARROWS, AND AliL CLASSES OF AGRICULTURAL IMPLEMENTS, STOVES AND JAPANNED WARE, MANUFACTURERS OF ALL CLASSES TIN AND SHEET IRON WARE. Contractors', Emig:rants' & Fajrmers' Outfits Complete AT THE LOWEST POSSIBLE RATES. SIT^DSB. c& AlTDSnSOlT, MAIN STREET SOUTH, WINNIPEG, MA., DEALERS IN PORK, HAM, BACON, FLOUR, FEED, OATS, Broceries of all Hufls, California Fruits aiifl PicHes, Glass and Crockery. NOTIONS & CONFECTIONERY, WMQ&E&^&E ^ ®mWM&* &(^W F@m €iiSM me&T, ARCHIBALD VITRIGHT^ MANUFACTURER OF AND DEALER IN Truii.kSp lamiis, Saidkgp l@fgi 0@llirg, Bkike-te} HALTERS, WHIPS, &c., &c., WRIGHT'S BLOCK, next to Court House, MAIN STREET, WINNIPEG. QP> AIiI< XSEFAIRUrca- DOXTE FHOMFTI.7 AI^D ITEATL7. ALFRED W. BURROWS, VTinnipeg, Manitoba, OFFERS FOR SALE 1,600 CITY LOTS IN lATinNIPElG^ Being the subdivisions of the tracts lately linown as the Mulligan, Land, Ness, Tristan, Sarjent & Magnus Brown properties. These estates are eligibly situated in the Western and Northern jjarts of the City, and are intersected by the only two main thoroughfares — Main Street and the Assiniboine Road — leading to the Settlements. Several Thousand Dollars have already been expended by the pro- prietor upon these properties, in Sidewalks, Tree Planting, Free Lota for building and residence, and Parks (of which there are two), and having reserved a proportion of the lots from sale, purcluisers may be assured of continued efforts to increase their value. He aLso offers for sale in Gallie's subdivision of the Town of Morris, at the junction of the Southern R. R. (Manitoba) with the Red River, and a few choice quarter sections selected with a view to future commercial advantages. Mr. BuRiiowfl will spend the winter in Ontario and may bo addressed until March, 1875, Care of G. & H. B. MOEPHY, Solicitors, &c., EXPRESS BUILDINGS, TORONTO. jj^I-atGr at 'WIITITIPEG. V^INNIPEG. A. G. B. BANNATYTJIE, Chairman. Rev. THOMAS HART, M. A., Secretary. D. MACARTBniR, Esq., Treasurer. John Sutherland, M.P. P. Kenneth MeKenzie, Esq. Rev. John Black. Gilbert McMicken, Esq. Hon. William Eraser. Rev. Alex. Matheson. Iicv. Sani'l DouiiMson, B.A. Hon. Donald Gunn. Hon. D. A. Smith, M.P. John E. Bain, B.A., Esq. Duncan Sinclair, Esq., Rev. Prof. Bryce. REV. GEORGE BRYCE, M.A., Professor of Science and Literature. REV. THOMAS HART, M.A., Professor of Classics and Modem Languages. REV. JOHN BLACK, ) Lecturers in Special Course REV. JAMES ROBERTSON, \ ^^^^turers in special course. ^ MH. A. FERGUSON, i:ienieutary Tutor. PROF. GAUVIN, French Tutor. G. B. ELLIOTT, Esq., Phonogr«i)hy. This College, like Upper Canada College, Toronto, educates for second year in the University of Toronto. Commercial Doiiartnient »j)ecially attended to. Students pn^parcid for Surveying, Medicine, etc. In.struction i.s also given to Theological Students. Two Medals presenteer Canada. Now, my Lord, was murder a crime in Lower Canada and in Upper Canada at the time of the passing of that Act ? Certainly it was. If so, what does the Act declare ? Why, simply, but with very great certainty, that murder when committed in the Indian Territories Bhall be tried and punished in the same way that the same offence would be tried and punished in either of these Provinces. That is the provision of the Act of 1803, the 43 George III., cap. 138, which seems to have escaped the attention of the counsel for the prisoner, bul which your Lordship will perceive completely established the criminal law of England, then in force in the two Canadas, in the Indian or North-West Territories. With the remaining provi- sions of that Act, giving power to the Governor of Lower Canada to appoint Justices in the Indian Territories, for the proper hearing and committing for trial in Lower Canada, and also giving to the Governor of that Province, if the case seemed to require it, power to order the trial to take place in Upper Canada, your Lordship is no doubt quite well acquainted, so that I need not dwell on the subject, but proceed to examine the next Imperial Act relating to this country, which is the Act passed in 1821, being the 1st and 2ad George IV., cap. 66, which extended the Act (f 1803 to all the Territorvs of thr Hudson's Hay Compan;/. It also gave power to the Crown to issue commissions under the Great Seal, to empower justices to hold Courts of Record for the trial of criminal offences, and also of civil cases, " notwilhstandin;/ an;/lhin;/ contained in the Hudson's Bay Company's Charter." My Lord, why did the Imperial Parliament deem it necessary to so strongly mark the intention of the Act ? Simpl> because the Hudson's Bay Company by its charter, up to that time, had positive and concurrent jurisdiction, and it became necessary to prevent any doubts which might arise as to jurisdiction in the Hudson's Bay Territories ; and for fear that any doubts might still remain, the last section clearly sfts forth thai all the rightn, jirivilrgis, uulhoritifs and powers conferred on the Hudson's Uay Company, shall yf ill remain in full force, virtue and effect, as if the Act had never been passed. This, my Lord, will satisfy the greatest legal hair-splitter in Canada, that the lludson's Bay (Company's power to punish crime under the laws of Knt'land was never questioned. Now, let us see wliat is done by the Act of 1850, 22nd and 23rd Vict., cap. 30. It recites the principal provisions of both the former Acts, 43 George III., cap. 138, and 1st and 2nd (ieorgo IV., cap. 6G ; its provisioriK empower tiie Crown, either by commissiuu or Order in Council, to Huthori/,e hu< h juFtifeH as might Ix; ajipointed, to try in a summary manner all crimt'C, misdemeanors and otfences wiiatsoevtr, and tn punish by 14 line or iniprisonmont, or both. It also provides that in cases punifihablo by death, or iu which, in llic Justice's oi)ini(iu, lino and imprisonment would ba inadequate to the oltence, they might try the offender in the ordinary way, or send liim to Upper Canada to be tried undor the Act 1st and 2nd George IV., cap. GG, or they could send him to British Columbia, to bo tried by any court having juriediction of like ofl'enccs committed thi're. This Act is declared not to extend to the territories of the Hudson's Jiay Compani/. What then was the object of the slatute ? It is very c\i:a.T that it was to provide for the administra- tion of justice in the Indian Territories, outside of the jurisdiction of the Court* established under the Company's charter, and leaving to the courts established by the Hudson's Bay Company within their own territories, the powers, authori'y and juris- diction that belonyed to them ; the same power that, up to the transfer of thia country to Canada, was exercised by the general Court, the power to hear, try and determine capital felonies, a power that was exercised by that Court and its sentence carried into execution. Now, my Lord, I a-^k myself, is there any doubt as to the full power and jurisdiction of this court to try the prisoner at the bar? and I reply to the question with the Hudson's Bay Company's charter before me — with all the Imperial Acts relating to this country before me — with the statutes of the Dominion of Canada and of this Province before me : No I If there is any force in statutory enactments ; if there is any meaning in the word justice ; if there is any power in the Crown of Great Britain to punish crime, this Court has legal jurisdiction, power, and force to satisfy the ends of justice, and to punish any crime committed within these North-VVest Terri- tories, wheiever the Hudson's Bay Ccmiany's power extended. I do not think, my Lord, that it can be doubted that all the powers given by the Imperial sta- tutes to the Governors of Lower Canada and Upper Canada, were transferred, on the union of the Provinces, to United Canada, by the Act of 1840, 3rd and 4th Victoria, cap. 35, sections 45, 46 and 47, so that, up to the time of Confederation, the Province of Canada was vested with all those power?, and the British North America Jet, 30th and 31st Victoria, cap. 3, 1867, vests all those powers in the Governor-General of the Dominion of Canada, by sec. 12, so that any and all powers or jurisdiction given by any of the Imperial statutes to the separate Pro- vinces of Upper Canada and Lower Canada, or to their Governors, or to the United Province of Canada, or its Governor, by the Act of 1840, were by the Imperial Act of IS 67 vested in the Dominion of Canada and its Governor- General respectively. Now, my Lord, I must draw your attention to the very lengthy extracts read by the learned counsel for the prisoner, from a pamphlet written by Mr. Gray, better known as Colonel Gray, during his political career, and very erroneously cited by the 1< arned counsel as the opinion of Chief Justice Gray. I must remind your Lordship that there is no such person as Chief Justice Gray ; that the gentleman formerly known as Col. Gray, is now a puisne-justice in British Columbia, but at the time he wrote that pamphlet he was simply a member of Parliament, and that his opinion has no legal weight or significance before a Court of Justice. I have no doubt that the opinion of Col. Gray, now read by the prisoner's counsel, would scarcely be admitted as law by Mr. Justice Gray himself. Few, indeed, are the judgjs on the Bench who would like to ac- cept or admit as sound law, all or even a small portion of what was written or spoken by them as politicians, or to advance the interests of their own party, or to throw obstacles in the way of their political opponents whilst they were in active political life. Surely the defence must be hard pressed for authority to aastaiu their pretensions, when they come into Court with printed arguments i.omposed of extracts from political pamphlets. Not being at a loss for the au- thority of both Imperial and Canadian Statute law to support my arguments, I do not intend to even take the trouble to reply to the opinion of Col. Gray, as read by the learned counsel to the Court, and which has already done duty in the hands of himself and his law-partner before the committing magistrate. The counsel for the prisoner seems to have a most perverse disposition to miscon- 15 strae acts or sections of acts of Parliament, and in his reference to the Imperial Act 31st and 32ad Victoria, cap. 105, 1863, he certainly was mistaken, to say the least. Section 5 of that Act enacts :— " It shall be competent to Her Majesty by '= any such Orier or Orders in Council as aforesaid, on Address from the Houses " of Parliament of Canada^ to declare that Rupert's Land shall, from a date to " be therein mentioned, be admitted into and become part of the Dominion of " Canadi ; and thereupon it shall be lawful for the Parliament of Canada, from " the date aforesaid, to make, ordain and establish within the Land and Terri- " tory BO admitted as aforesaid, such laws, institutions, and ordinances, and to " constitute such Courts and ofiBcers, as may be necessary for the peace, order " and good government of Her Majesty's subjects and others therein ; Provided " that, until otherwise enacted by the said Parliament of Canada, all the powers, " authorities, and jurisdiction of the several Courts of Justice now establish'id " in Rupert's Land, and of the several officers thereof, and of all magistrates and " Justices now acting within the said limits, shall continue in full force and " e£f.;ct therein." How can the learned counsel make the very grave mistake to suppose that this section of the Act is not a most convincing proof of the fallacy of ills pretension ? Surely he must see that " all the powers, authorities, and jurisdiction " of the Quarterly Court <' are continued in full force and efifect " until otherwise enacted by the Parliameat of Canada. Of thns there is no room for doubt. Now, my Lord, what provision has the Parliament of Canada made under the authority given by the Imperial Act of 1867, 30 and 31 Vic, cap. III., called the •' British North America Act," and in accordance with the provisions of the Imperial Act 31 and 32 V^ic , cap. CV., also cited, whereby it is declared that the Courts then established in Rupert's Land and the North-West Terri- tories shall continue in full power and authority until otherwise provided for by the Parliam.nt of Canada? Let us seo. By the Act 32 aid 33 Vic, cap. III., passed in 1869 — " yl« Act for the temporary government of Rupert's Land and the Xortk-Wtstern Territory when united with Canada" — it is enacted, almost in the words of the Imperial Act, by the 5th section, " That all the law.s in force in Rupert's Land and the Ncrth-West Territory at the time of their admission into the Union, shall, eo far as they are consistent with ' The Britisi North America Act, 1867,' with the terms and conditions of such admission approved of by the Queen under the 146th section thereof, remain in force until altered by the Par- liament of Canada, or by the Lieutenant-Governor under th^ anthori'y of this Act" By the 6th section of the same Act, all public officers or functionaries holding offices in Rupert's Land and the North-Westcrn Territories, at the time of their admission into the union, are continued in office until otherwise ordered by the Lieutenant-Governor. By the Act 33rd Vic, cap. III., passed in 1870 — " The Manitoba Act" — the provisions of the A^t 32 and 33 Vic, cap. III., are re-enacted and continued. Again by the Act 34 Vic, cap XVI., 1871, the same provision is made for continuing the laws in force in Rupert's Land and the North- Western Territories. Now, my Lord, I direct your attention to the Act 34 Victoria, cap XVI, 1871, "An Act to extend to the Province of Manitoba certain of the Criminal Laws now in force in the other Provinces of the Dominion." And therein we find the jurisdiction of this Court fully and completely cKtablished beyond the possibility of any doubt. The 2nd section of the Act enacts as follows : — '' The Court known as the Qknehil Court " now and heretofore existing in the Province of Manitoba, and any Ccirt to be " hereafter comtituled by the Legislature of th°. said Province, and having th'! powers " now exercised by the said General Court, shall have power to hear, try, and dtter- " mine in the course of law, all treabonH, Fklonies and indictable offbncks OOM- " MITTRD IN ANY PABT OK TIIK SAID I'ROVINCK, Oil I.V THE 7ERRII0HV WHICH HAS NOW " BKCOMK TiiK SAID HUoviNCB." Ib this uot mostpohitivo and clear? Can thuro b') any doubt as to tlie jurisdiction given this Court by this Act? For after all I will ehow your Lordhliip that thiH Court of Queen's B;nch is only the CJk.nkiial CooBT und( r a new name. The 6th aeration of the Act provides for the repeal of IG all laws iiu'(»nsistfnt with its provisions, and tiion makes this proviso ; Provided " always, that no person sliall, by reason of the passing of this Act, be liable to " any punishment or penalty for any act done before the passing thereof, for '' wliich ho would not have been liable to any punishment or penalty under the " laws in force in the ^aid Province or Territory now constituting it, at the time " such act was done ; nor shall any person, by reason of the passing of this Act, be " liable to any greater or other punishment /or '/«// offence committed he/ore the " puKsiiu) thereof, than be would have been liable to under the laws then in torce " as aforesaid ; and this Act and the Acts hereby extended to the said Province " shall apply only to the procedure in any such case, and the /lenalt;/ or punish- " ment shall be the Sivne as if this Act had not l/een passed.'^ My Lord, a good deal of stress has been laid on this section of the Act by the prisoner's counsel. Why so, I can only account for by the fact that they have, up to the present time, been treating the Court to reading from Col. Gray's pamphlet, and have not, or cannot, read the statutes and take in them meaning for themselves. And still the provision of the statute is so simple and clear that there is no mistaking its object. Certainly no man should or could be condemned by the Court to any greater punishment than he was liable to under the laws as they stood at the time the offence was committed. What then? Was not murder always a capital felony in Rupert's Land ? If not, the prisoner cannot be condemned to death for the murder of Thomas Scott, in March, 1870. If it was, and of that there can be no doubt, then the prisoner, if proved to be one of the murderers, must be convicted under the law as it stood then, and as it stands now, for I am proceeding under the laws of England as they were in force in Rupert's Land at the time the mur- der of Thomas Scott was committed at Fort Garry. My Lord, I have now to direct your attention to the remaining series of sta- tutes that complete the chain of authority which gives jurisdiction to this Court to try the prisoner. I have already shown you that the General Court of Ru- pert's Land had full power and jurisdiction in all cases, criminal or civil, up to the time of Confederation, from the time the charter was granted " The Governor and Companji of Adventurers of England tradinr/ into Hudson's Bay " by Charles the Second. Under that charter the Company's powers, prerogative, and juris- diction to administer justice were never doubted. The Imperial Acts of 1803, 1821 and 1859 did not take away any of the powers of the Courts of law that were established by the Company by virtue of its charter. All they did do, or attempted to do, was to give a certain amount of limited concurrent jurisdiction within the Company's territory to certain Imperial officers in Canada, and to establish some kind of a limited system of criminal and civil jurisdiction within the Indian Territories of America belonging to the Crown of England. After three-quarters of a century's experience, it was found that the Imperial legisla- tion still remained a dead letter, so far as the enforcement of criminal law was concerned in the Indian Territories. It is true that the murderers of Mr. Reveny, De Reinhard and McLelland and others were tried under the Act 43 George the Third, cap CXXXVIII., at Quebec, in 1818, and that a trial took place at Three Rivers, in 1838, under the same Act and the Act of 1821, 1st and 2nd George Third, cap. LXVI., for a murder committed at the Rocky Moun- tains, and certain trials in Upper Canada for the murder of Governor Semple, in 1818, with which exceptions the Imperial Statutes were so much waste paper, so far as their utility was concerned, for seventy years. Not so the Courts es- tablished by virtue of the Company's charter. They acted regularly — in fact with wonderful regularity, considering the circumstances of the country — their judgments were carried into execution i i all civil cases to any amount, and even in capital feloiiies. Well, my Lord, that Court — the (General Court — was, we have seen, continued by Imperial and Canadian Statutes, ami its jurisdiction ex- tended to the whole of the Province of Manitoba, outside of the limits of the " District of /'ssiniboia," which bounded its juripdiction under the Company. I now tell your Lordship, without tear of contradiction, that this C'otirt is the 17 '■ General Court " under ih' name of the Court of Qu?en's Bench, having all its f)rmer powers given to it by Imperial, Canadian and Manitoba Statutes. By virtue of the powers vested brlaw in the Legislature of this Piovince, the " Ge- neral Court " was dciiael by our statute, 34 Victoria, cap. 11., 1871, " -.4ft Act to Es'ahlish a Supreme Court in th' J'rovin:e o/ 3Ian'to'ja," section 39, wherein it was enacted: " Till a judge of the Supreme Court shall b3 appointed by th^ Govern- ment of the Dominion of Canada, t'le General Court exis'ing in this ■Province shall exercise throughoit the Province all the functions, and possess all the authority hereby conferred on the Supreme Court." Well, my Lord, no Judge was ever appointed by the Canadian Government under that Act. Canadian ministers had so little care for Manitoba and h?r interests, that we were left without a judge, and sD,in self-defence, the Legislature in 1872, by Act 35 Victoria, cap. Ill , changed the name of this Court from " Supreme Court '" to '-Court of Queen's Bench," and pro- vided for the appointment of thrte Judgs. We have got two of them after wait- ing a year, and are left during that time without any Courts for want of Judges. Well, my Lord, now you, as one of the Judges of the Court of Queen's Bench of Manituba, are told that you have no jurisdiction to try the prisoner, and you are to decide the question. Are you prepared to render your de- cision ? I should think so. Your Lord>hip would certainly not preside in this Court, and at the same time not have your mind made up as to what jurisdiction you have by virtue of your position as a Judge of the Court. The objections of Col. Gray have not been sprung upon you to-day for the first time. They have been hawked around the Province by the counsel for the prisoner during the past two months, and a great many people, not knowing Colonel Gray under the new designation erroneously given him, thought tliey were reading the solemn and well-considered opinion, if not decision, of a Chief Ju-;tice. Your Lordship could not l»- thus mistaken. You know Col. Gray and were in Parliament when he wrote that pamphlet to a-sist his party, which is now given, nominally by the pri-oncr's counsel, but in reality by the " Kerue LSgale" of the Province of Quebec, a semilegal-political newspaper, which has been trying for a long time to convince its readers, not that Louis Rid and others are not murderers, but on'y that there is no law in Manitoba to puaish them. One more authority, my Lord, and 1 will have done. What were the criminal laws in force in Rupert's Land on that portion of it known as the '■ Jtis'rict of Assiniboia " over which the General Cuuri had jurisdiction up to the time of the extension of ,the criminal laws of Canada to this Province by the Act 34 Victoria, cap. XIV., 1871? If your Lordship be satisfied on that head, then I can ask for your decision on this trumped-up question ol jurisdiction at once. Here it is, my Lord ; wo have no dilhculty in finding it. On page 17, section G4, of the " Lans of Assiniboia," under the caption of " Administratio.n ok Justice," " anendrdlth Janua ;/, 1864," we find the following — " To Remove all doubts as to the true construction of " the 53rd article of the code of 11th April, 1862, the proceedings of the Court " ehall be regulated by the Laws of England, not onlg (f this dale of Her present " Hajet't/'s accession, so far as they may apply to the condition of the colony, but " also bv all such laws of England of subsequent date as may be applicable to the eame." In othrr words, the proceedings oj the General Court shall be regulated by the existing lairs of England Jar the time being, in so far as the sime are known to the Court and are ayplicablf to the conditi >n of the colony. Now, my Lord, I have done, and have only to pray that you will render your decision at once, so that the prisoner's trial may be proceeded with, and that the world may know that murder in any British territory cannot be done and the guilty parties escape. Hon. Mr. Royal, by permission of the (^ourt, replied to the arguni':'nt8 of the Attorney-General. (The reply took similar giouiils to those used by the hon. gentleman at the preliminary inveetigJition. This speech not having been re- ported, it is impoPBible to produce it here.) 2 18 Upon the conclusion of the argument, His Loidship said Le would defer his decision. APPLICATION FOR BAIL. On Saturday, Djc. (5th, an application for bail on behalf of Lepine was heard in Chambers befcre His Loidship Judge Eetouiimy. The counsel for prisoner, Hon. J. Ilo3-al,put in a petition from Lepine (which was read in French), and argued the question. Tlie Hon. Attorney-General, on behalf of the Crown, opposed the question of bail. Application ordered to lie over until Tuesday. On Tuc.-day. December 9th, th j application was again heard before His Lord- ship and leufithy arguments heard from the counsel for the defence (in French). The Attorney-General opposed the application ; one of the grounds taken by him was that the petit'ou asked for bail for one Ambroise Lepine, now a prisoner in Winnipeg, in the* County of Selkirk, Province of Manitoba, when there was no such pcnon confined there, consequently His Lordship could not be cog- nizint of the case. The petition had also b. 'en sworn tooa the 19th of November, when the prisoner had b:en waiting the dcci-ion as to jurisdiction. The petition, as sworn to, was alone considered bj' the Attorney-General as containing impor- tant matter affecting the prisoner's trial, and lie asked His Lordship that the document be impounied, as it was his intention to make use of it at the time of applicant's trial. Hon. J;r. llo.yal stated to His Loulghip that the reason that the application for bail had not been present d within th'j delay asked from the date of petition until December 3rd, was that he, Mr. Royal, had other matters occupying hisatt ntion ; and that the reason that the petition had been sworn to on November 19th was to save the expense of journey down to the Lower Fort. Decision was reserved until following Saturday. APPLICATION IN CHAMBERS. DECISION OP MR. JUSTICE M'KEAONEy. His Lordship decision was as follows : — The Queen vs. Ambrose Lepine. — Application at Chambers. This is an application for the admission to bail of Ambroise Lepine, against whom, at the last term of the Court of Queen's Bench, an indictment for murder was found by the Grand Jury. Mr. MacKenzie has appeared in support of the application, and Mr. Carey for the Crown. The principle upon which a party committed to take his trial for an offence may be bailed, is founded chiefly upon the legal probability of his appearing to take his trial. It appears that the deceased Thomas Scott, with complicity in whose murder the prisoner has been charged, came to his death in March, 1870, in a public man ner,by the act of parties claiming to exercise supreme authority in this country; that whatever part the prisoner may have taken in that unhappy transaction, was publicly known at the time, and promulgated not only here, but throughout the Dominion of Canada. It docs not appear that ho "fled for it," concealed himself, or in any way sought to evade justice. Now, after alppseof nearly four years, have proceedings been instituted against him, and il would appear the oilicers of justice have had no difficulty in finding the prisoner, who quietly submits himself to the law, and comes in with every appearance of leing desirous of oblainiDg an adj'idication of his case. As the prisoner, then, has been living with his family in this place for nearly the last four years, made no effort to escape, and seemed ready when required to 19 Bubciit himself to justice, I tbink I may fairly presume that if let out on bail, he will, when called for, appear and take his trial for the offence charged against him, and this is all that the law — that public j istice requires. I regard it, however, as a most important fact in this application, and by which it is distinguished from the generality of cases of this kind, that the Crown has not only not opposed ths application, but has assented to it. In the Queen vx. Jeffers, and the Q leen vs. Hoy and others, b:;il was re- fused, tut I lock upon these cases as being in many respects dissimilar to the present one. In the first of the former cases, the accused confessed his guilt in open Court, which put it out of the judge's power to bail him. In the second case, the application for bail was most strenuously opposed by the Crown (in this case the Crown assents to it), and from the surrounding circumstances, it was rendered more than doubtful that the parties, if bailed, would have surrendered themselves to justice. In the present case no such doubt would seem to exist. On the contrary, the conduct of the prisoner, evtr since the commission of the crime charg;d against him, goes to strengthen the probability that he has no, desire to evade j istice. In conclusion, I desire to say that I chiefly ground my decision on the fact that, although the prisoner has sought no means of concealment, done nothing to evade justice, the prosecution bas allowed nearly four years to elapse without moving in the matter; and also on the no Ijss importarxt fact that the Ciown has not only not opposed this application, but has assented to the prisoner's be- ing enlarged on bail. I therefore think he ought to be bailed, himself to be bDund in $4000, and two eureties each in the sum of $2000. Bail to justify. J. C. McKEAGNEY, J. C. Q B. December 22ad, 1873. Bail was accordingly taken for the prisoner's appearance at the next term of Court — himself in the sum of $4,000, Andrew G. B. Bannatyne, Esq., in the sum of $2 000, and Andre Bcauchemin, Esq., M.P.F'., in the sum of $2,000. Note. — Mr. D. Carey, Protho lotary and Clerk of the Crown and Pleas for Manitoi a,appeare 1 for the Crown in place of Attorney-General Clark, who was absent in Canada. A provincial statute provides that this officer shall act on bohalf of the Crown in cas) of the absence of the Attorney-Goneral or other Crown Pro.secutor. FEBRUARY TERM, 1874. This term of Court o^.ened on Tuesday, Feb. 10th, 1873, Mr. Justice McKeagn^y ou the Bench. AmbroisT D. Lepine was in attendance awaiting the decision of the Court as to its jurisdiction for the heariug of the charge a'.,'ain.st him, and which had been rc8;rved from the November term until thj sitting of this Court. Attorney-General Clarke asked for His Lordship's judgment on the pleas to the j'iri -diction of the Court, as he was not in a po-iition to decide what further stepB to take in tho case, until His Lordship's decision had b^cn given. His Lordship. — In that case t do not intend to give judgment till next term. I do not think myself competent or justifii'd in d'ciding a question of such great importance without a full Beach; 1 will therefore await tiie appointment of a Chief Justice till iie.xt term, and if at that time there is no Chief Justice appointed, I will have the question re-argu the said Provinces,' extended to the territories granted by charter to the said Governor and Company, and it is expedient that such doubts should be removed, and that the said Act should be extended." Thefinst section of the Act provided for gixing a royal license to any cor- poration, company, or person or persons, for the sole and exclusive privilege of trading with the Indians in all such parts of North America as should be spe- cified in such license, not being parts of the lands or territories granted to the Hudson's Bay Company, or of any of the Provinces of North America, or of the United States of America. The second section limits the term of the licenses to twenty-one years. By the third section the Hudson's Bay Company, and every corporation or company, or person or persons, to which or to whom any license should be granted, were required to keep accurate registers of all persons in his or their employ, and once a year make a return of a duplicate thereof to His Majesty's Secretary of State, ard were further required to enter into such security as should be demanded by His xMajesty for the due execution of all processes both criminal and civil, as well in the territoiies included in any such license, as within those grafted by charter to the Hudson's Bay Company, and for the producing and delivering into safe cu tody, for purpose of trial, all persons in their employ, or acting under their authority, charged with or guilty of any criminal offence, and also for the due observance of all such rules, regulations and stipulations as should be contained in any license, either for the dimin- ishing or preventing the sale of spirituous liquors to the Indians, ()r for promoting their moral and religious improvement, or for any other object which His Majesty might deem necessary for the remedy or prevention of other evils which had theretofore been found to exist. Section four provides that such licenses should not interfere with the trade of the United States west of the iStony (Rocky) Mountains. ■2 5 Section five reads as follows : — "And be it declared and enacted that tlie said Act passed in the foity-lhird year of the reign of His late Majesty intituled, ' An Act for extendine the jurisdiction of the courts of justice in the Provinces of Lower and Upper Canada to the trial and punishment of persons guilty of crimes or offences in certain parts of North America adjoining to the said Provinces,' and all the clauses and provisoes therein contained, shall be deemed and construed, and it is and are hereby respectively declared to extend to and over, and to be in full force in and through all the territories heretofore granted to the Company of Adventurers of England trading into Hudson's Bay; anything in any Actor Acts of Parliament, or this Act, or in any grant or charter to the Company to the contrary notwithstanding." Section six provides that the courts of judicature established in Upper Canada should have cognizance of causes arising in the Indian territories and other parts of North America, and of actions relating to lands, to be decided accord- ing to the laws of England ; and by section seven the authority of the courts, and all processes and proceedings issuing from them, were to have the same force and effect in those territories and othc parts as in Upper Canada they would have in actiens arising therein ; and the eighth section makes provision for the Governor of Lower Canada, by commission under his hanl and seal, authorizing all persons who should under the Act be appointed justices of the peace within the said Indian territories, or other parts of North America as aforesaid, or any one who should be specially named in such commission, to act as a commissioner within the same for the purpose of serving, executing, and enfcrcirg subpoenas anel all processes, decrees, judgments, orders, injunc- tions, and other pre)ce6ses or prcceedings of the said courts, and on disobe- dience of any person, to apprehend and deliver cffenders over to the said courts to be dealt with according to law. The ninth section provides for the assignment of recognizances and the bring- ing of actions thereon ; and the latter part of the clause, in these words : " Notwithstanding anything contained in any chai ter granted to the said Governor and Company of Adventurers of England trading to Hudson's Bay," shows that sections tix, seven, eight, as well as section nine, apply to the Hudson's Bay Company. See tion ten provides for the appointment of justices of the peace by His Majesty, as well in Rupt rt's Land as in the Indian territories and other parts of America, and also for the taking of evidence under commissioners by the courts of Upper Canar'a, and if expedient so to do, to have the issue tried by tho commissioners, who were to be justices of the peace appointed by the Crown under the Imperial Act now in recital. The tleventli and twelfth sections have an important bearing on the case under consideration. Section II. — And be it further enacted, that it shall be lawful for His Majesty, notwithstanding anything contained in this Act, or in any charter granted to the said Governor and Comi)any cf Adventurers of Ergland trading to Hudson's Bay, from time to time, by any commission under the great seal, to authoriao and empower any sucii persons so appointe-d Justices of the Peace as aforesaid, to sit and to hold Courts of Record for tho trial of criminal offences and mis- demeanors, and also of civil cases; and it shall be lawful for Ili.s Mnjesty to order, direct, and authorize the appointment of proper oflicers to act in aid of such courts and junticts wiliiin the jurisdiction ashigned to such courts and jus- tices in any such commiHsion ; anything in this Act, or in any charter of the Governor and (Jompany of Merchant Adventurers of England trading to Hudson's Bay, to the contrary notwitliHtinding. Section XII.— Provided always, and bo it further enacted that such courts shall be const itutcd as to the number of justices to preside th'Tiin, and also such 26 places within the said lorrilorics cf the said Compauy, cr any Indian territories or other pnrts of North America as aforesaid, and the times and mancer of hold- ing the Enmo, as His Mnjesly Ehall from time to time order and direct; but shall not try any oU'endtr upon any charge cr indictment for any lelony made the fiibjtct of capital punit^hnunt, or of any cflfence, or past-inp etntence affect- ing the life of any olUndtr, or adjudge or cause any offender to suffer capital puniishment or transportation, or take cognizance of or tiy any civil action or suit in which the cause of such suit or action fhall exceed in value the amount orsi:moftwo hundred pounds (£200); and in every case of any offence sub- jecting the person committing the eanie to capital punighment or transportation, the court or any judge of any such court, or any justice cr justices of the peaco before whom any tuch offence shall be brought, shall commit such offender to safe custody, and cause such offender to be sent in such custody for trial in the Court of the Province of Upt)er Canada. Section thirteen gives the right of appeal to His Majesty in civil suits in like manner as in Upper Canada, and in any case to which the right or title to any land should be in question. The fourteenth and last section preserves to the Hudson's Bay Company the right, privileges, authority, and jurisdiction which it might lawfully have claimed ; nd enjoyed under its charter. Another Imperial Act was passed in 1859, 22 and 23 Vic, C. 26. The preamble recites 43 Geo. 3, c. 138, and 1 and 2 Geo. 4, c. 66, and declares that "no Courts of Record had been established or authorized as provided in the Act 1 and 2 Geo. 4th, chap. 66, and that it was expedient to make further provition for the administration of justice in criminal cases in the said Indian territories and such other parts as aforesaid cf America." And then in the first section it gives Her Majesty authority by commission to clothe the justices of the peace to be appointed under 1 and 2 Geo. 4th, chap. 66, within the limita- tions contained in such commission as to territorial jurisdiction and other matters, to ti ke ccgnizai:ce of, hear, try, and deteimine, in a summary manner, all crimes, misdeir.eanorF, and offences whatsoever, and, on conviction, to award punishment; but in case the cffenco was punishable with death, or for other reasons the justice or justices should think it advisable to do so, he and they was and were directed to coirmit the offendtr to safe custody at d have him delivered for tiial to Upper Canada, as provided by the Act of King George the Fourth, cr, if thought expedient, to Britifh Columbia, there to be tried by any 'ourt havirg cognizance of like offences committed there, and like powers were .i^iven such court as were by the Acts recited given to any court in Canada in the like cases. By the last section it is especially declared that nothing in that Act contained fhould extend to the terrilories heretofore granted to the Hrdson's Bay Company; so that Rupert's Land, and consequently the Red River Settlement, and Win- nipeg, which formed a poition of Rupert's Land, are entirely excluded from the operation of any of the provisions of the Act 22 and 23 Vic, chap. 26, and neither Britith Columbia m r any of its courts ever bad anything to do with or any juris- diction over or cognizance of the crime charged in this indictment, or any crimes cr offences committed within any part of Rupert's Land, as has been popularly supposed, and as was apparently assumed on the argument of thia demurrer. It would appear from the declarations in the Acts to which I have referred, that though authoiity was {.iven the Crown to set up Courts of Record in the Indian teiritoiies and other parts of America, and in Rupert's Land, none such were established by the Crown as late as 1859, and I think it quite safe to say non*^ were constituted by the Crown down to the time of the transfer of all these territories to Canada in 1870, by the OrcUr in Council ef tlie 23rd of June, which took effect on the loth of July of that yt-ar, in pursuance of the Imperial Act called "Rupert's Land Act, 18G8," 31 and 32 Vic, chap. 105. 27 Although the Crowa did not establish any courts, yet it appears the Hudson's Bay Company, by virtue of the powers conferred on it by its charter, as far back as 1839 constituted its factors and others in its employ justices of the peace in Rupert's Land and in other parts of the North-West Territories where it had trading post?, who exercised both civil and crimical jurisdiction in small claims and in minor offences, in a summary manner, in the respective districts in which they were stationed ; and also about the same time ettablished a Court of Record called the " General Court of Assiniboia," the seat v{ which was at Winnipeg, with a geographical jurisdiction which does not seem to have been strictly defined, and having cognizance and jurisdiction of all civil claims and demands, of whatever nature or amount the same might be, and of all crimes, misde- meanors, and ctfenccs whatsoever, with all the powers necessary to enforce its judgments, orders, decrees, and sentences in both civil and criminal matters, even to the extent of intlicting capital punishment. The Company appointed -Vr. Adam Thorn the first judge of this court, with other officers, in or about the year 1839. The sole authority and basis of this court and its officers rested upon the powers conferred on the Company by the charter granted it in the reign of King Charles the Second, but on no legislative enactment whatever. Mr. Thom presided ov(r this court till alout the year 1851. After his retirement, Mr. .Johnson of iMontrea], now a judge in the Province of Quebec, was appointed judge, who, having for some years discharged the duties of his office, retired, and was succeeded by Mr. Black, who was the judge in 1869-70 when the difficulties occurred at Wirnipeg out of which arises the offence charged in this indictmett. It would therefore appear that this court, with its judges and ctficers, in 1870 had been in exit tf nee for thirty years, trying civil cases to any amount whatever and exercising criminal jurisdiction even to the extent of inflicting capital punithment (for in one inttance at least a person was tried for murder, con- victed, and executed), without its basis or jurisdiction ever having been form- ally and authoritatively questioned by the Imperial Government. On the contrary, hy the last clause of " Rupert's Land Act, 1868," the validity of this Court and the legidify of its jurisdiction over capital offences, which were then well known to the Government and Parliament of England (see proceedings of Com- mittee on Hudson's Bay Company, House of Commons, 185'7), and of its officers, and of the magistrates and jiiEticcs then beicg in Rupert's Land, seem to be fully recognized and admitted. It says : " It shall be competent to Her Jfajesty, by any such trdcr as aforesaid (Orde rs in Council for admission of Rupert's Land), on address from the Houses of the Parliament of Canada, to declare that Ri perl's Land shall, from a date to bo theicin mcntioi:ed, be admitted into and become part of the Dominion of Ca- nada ; and thereupon it ahall be lawful for the Par lament of Canada, from the date aforesaid, to make, ordain, and establish within the laud and territory so ad- mitted as aforesaid, all such lawF, instiiu ions and ordinances, and to constitute ench courts and cffictrs as may be necessary fpr the peace, order, and good government of lit r Majesty's sutgicts and others therein; provided that until olherwiKc enacted by the Parliament of Canada, all the poweri--, authoriti f>, and jUEisdiction of the several courts of justice now estallished in Rupert's Land, and the several < fficers thireof, and cf all magistrates and justices now acting within the said limits, shall continue in full force and effect therein," Attention is called to the wcrds d the previso in this section. To what '' courts and rfficcrs thereof' do the y refer ? The < rown had ehtablishcd no "courts" or " cfficers thereof" in Kupeit's Land. It may have appointed somo jueticcB of the peace, but even 'hat is doubtful. The only court then existing in Kupert'H Land was " the General Court," established by the Hudson's Bay Com- pany tinder itn royal charttr, and the only "officers thereof" were Ihoneappointed by thiit Coinpitny, and I think I may safely say, if not all, nearly all "the magibtrates and justices then acting or being within tlic said limits," in liko 28 mnnner derived their authority from and were appointed by the Hudson's Bay Company, which by its charter iiad power and autliority — " Krom time to time to assemble itself for or about any of the causes, affairs or businesses of tlio said traile, in any place or places for the same convenient within the dominions or elsewhere, and there to hold court for the said Company and the B flairs thtreof, and to make, ordain and constitute such and so many reascnable laws, constitulionp, orders and ordinances, as should seem necessary and convenient for the good government of the faid Company ; and of all govern- ors of colonies, forts, and plantations, Victors, masters, marines, or other officers employed, or to be employed, in any of the territories and lands aforesaid ; and for the better continuance of the said trade or trafic and plantations, and the same laws, constitutions, ord'^rs and ordinances so made, to put in use and ex- ecute accordingly ; and at its pleasure to revoke and alter the same, or any of them, as 1 he occasion should require; and should and might impose, ordain, limit, and provide such pains, penalties and punishments upon all offenders contrary to such laws, constitutions, orders, and ordinance?, or any of them, as to the said governor and Company for the time being, or the greater part of them, then and there being present, the said governor or his deputy being always one, should seem necessary, requisite or convenient for the observation of the same laws, constitutions, orders and ordinances; and the sime fines and amercia- ments should by its oliicers and servants in that behalf levy, take and have to the use of the said Company, without the impediment of the Crown, and without any account thereof to be made to the Crown ; and all and singular the laws, constitutions, orders and ordinances so as aforesaid to be made His Majesty did will should be duly observed and kept, under the pains and penal- ties therein to be contained ; so always as the said laws, constitutions, orders and ordinarces, tines and amerciaments were reasonable, and not contrary or repugnant, but as near as might be agreeable to the laws, statutes or customs of the realm. ♦••• * « • ♦**« " And all the lands, islands, territories, plantations, forts, fortifications, facto- ries or colonies, where the said Company's factories or trade might or should be, within any of the forts or places afore limittd, should be immediately and from thenceforth under the power and command of the said Company (saving the fuith and allegiance due to be performed to His Majetty, his heirs and suc- cessors) ; and the said Company were given liberty, full power and authority to appoint and establish governors and all other officers to govern them, and the governor and his council of the several and respective places where the said Company should have plantations, forts, factories, colonies, or places of trade with- in any of the countries, lands or territories thereby granted, might and should have power to judge all persons belonging to the said Company, or that should live under it, in all causes, whether civil or criminal, according to the laws of the kingdom of Enghnd, and to execute justice accordingly; and in case any crime or misdeme:i nor should be committed inany of the Company's plantations, forts, factories, or places of trade within the limits aforesaid, where judicature cannot be executed for want of a governor and council there, then in "feuch case it should and might be lawful for the chief factor of that place and his council to transmit the party together with the offence to such other plantation, factoryor fort where there should be a governor and council, or into the Kingdom of England, as should be thought most convenient, there to receive such punish- ment as the nature of his offence should deserve." And these rights, powers, authorities and juiisdictions were in no way revoked, abridged, superseded, or limited by any Act of the Parliament of England ; on the contraiy, in the Act 1 and II Geo. 4, cap. 66, and in the concluding and last section thereof, it is enacted and declared : — " That nothing in this Act contained shall be taken or construed to affect any right, jprivilege^ authority or juriidiction which the Governor and Comijany of Adventurers 29 irad'txg to Hudson's Bjy are by laic entitled to claim, and exercise under their char- ter; but all such riyhls, privileges, authorities aid jurisdictions shall remiin in as fall force, virtue and efTcc! a< if this Act had n'iy the Governor of Lower Canada, or to apprehend aud convoy, 32 or cause to be convoyed with fill convcniout despatch, to Lower Canada any per- Fou or persons guilty ufnny crime or i>fl"ouee, there to he delivered into eafe custody for the puri)osc of being dealt witli accoi'ding to law. It was decl ired by the Act that all ofl'enccs committed within the territories and places referred to, should bo deemed to be offences of the same nature, and should be tried in the same manner and subject to the same punishment as if the same had been committed in the Provinces of Upper or Lewer Conada respec- tively. Every offender was to be prosecuted and tried in the Courts of the Province of Lower Canada, or, if the Governor of Lower Canada should, from any of tho circumstances of the crime or offence or the local situation of any of the wit- nesses for the prosecution or defence, think that justice can hi more conveniently administered, in relation to such crime or offence, in the Province of Upper Canada, and should, by any instrument under the great seal of the Province of Lower Canada, declare the eame, then every such offender might and should be prosecuted in the Court of the Province of Upper Canada. Here, in the year 1803, we have the Governor of Lower Canada empowered, as an Imperial officer, by commission under his hand and seal, to appoint magis- trates and justices of peace wherever they might l)e or reside, fjr the purpose of handing over offenders in the Indian territories and other parts of North America for trial by the Courts of Lower Canada, or if the Governor should think it more convenient, and should so declare under the great seal of the Province of Lower Canada, by the Court of Upper Canada. Indeed, any person, whether so appointed or not, was authorized to apprehend and to transmit all persons charged with any crime or offence t o the authorities of Lower Canada, to be dealt within the manner indicated according to law. Now, it will be observed that the appointment of magistrates and justices for the purposes mentioned was an executive act and rested solely with the Gov- ernor of Lower Canada, as an Imperial officer, in his relations as such to the Government of Lower and Upper Canada (there then being only a Lieutenant- Governor of Upper Canada), and in direct communication with, and receiving his instructions directly from the Imperial authorities, an 1 was to be performed by an instrument under liis hand and seal, not under the great seal of the Pro- vince ; but when he came to deal with the question of directing any offender to be tried by the Court in Upper Canada, it being an act of administ atioa within the Province, that was to be performed under the great seal of th ; Province. Considering that the government of a country embraces the Executive and his duties, the Legislature and its duties, the Courts of justice and their duties, with such ministers and officers and their duties as may bo necessary, it is manifest that in the present case both duties, the one Imperial and executive, the other Provincial and administrative, equally |related to the governmsnt of the ('anadas. It will be further observed, from what has already been said, that this Act did not apply to Il'ipert's Land (the Hudson's Bay Territory), a portion of which, on the 15th of July, 1870, became and now is the Province of Manitoba. By the Imperial Acts 1 and 2 Geo. 4, c. 66 (1821), among other things, 43 Geo. 3, c. 138, with all its clauses and provisions, was in express terms made ' applicable to Rupert's Land, or the lands and territories by the charter of Charles the Second granted to the Hudson's Biy Comp&ny — still leaving with the Governor of Lower Canada the power of appointing magistrates, etc., as before. From that time the Governor of Lower Canada had the Imperial executive authority in Rupert's Land, and the Provincial a Jministrative authority in the Province of Lower Canada, in relation to the government of Upper Canada as I have mentioned ; and the courts in Lower Canada and the court of Upper (Canada had jurisdiction, concurrent not exclusive, as has already been shown, of all "offences committed" in Rupert's Land; and the Governor continued to pos- sess such authority, and the courts such jurisJicdon, unaffe:;tvd by any legisla- 33 tive enactment, till the tenth day of February, 1841, when the Imperial Act for uniting the Provinces of Upper and Lowir Canada, and for the Government of Canada, passed in 1840 (3 and 4 V., c. So) csime into operation, and the Pro- vinces of Upper ami Lower Canada became the Province of Canada. But this Act dedand and enacted that — "All powers, authoritits, and functions, which by the said Act, passed in the thirty-first year of the reign of His Majesty King Georije the Third, or by any other Act of Parliament, or by Act of the Legislature of the Provinces of tipper and Lower Canada, respectively, are vef^ted in, or are authorized, or require I to be exercised by the respective Governors or Lieutenant-Governors of the said Provinces, with the advice, or with the advice and consent of the Executive Council of such Provinces, respectively, or in conjunction with such Executive Council, or with any number of members thereof, or by the said Governors or Lieutenant-Governors individually and alone, shall, in so far as the same are not repugnant to or inconsistent with the provisions of this Act, be vested in and may be exercised by the Governor of the Province of Canada, with the advice, or with the advice and consent tf, or in conjunction, as the case may require, with such Executive Council, or any members thereof as may be appointed by Her Majesty for the affairs of the Province of Canada, or by the said Governor of the Province of Canada individually and alone, in cases where the advice, consent, or concurrence of the Executive Council is not requireii. (Sec. 45.) "All the courts of civil and criminal jurisdiction within the Provinces of Upper and Lower Canada at the time of the union of the said Provinces, and all legal commissions, powers, and authoiities, and all officers, judicial, adminis- trative, or ministeiial, within the said Provinces resj ectively, excei^t in so far as the same maybe abolished, altered, or varied by, or may be inconsistent with the provisions of this Act, or shall be abolithed, altered, or varie.l by any Act or Acts of the Legislature of the Pruvince ef Canada, thall continue to subtist within those pirts of ihe Province of Canada which now constitutt' (he said two Provinces respectively, in the same form and with the same efifeci as if this Act had not been made, and if the said two Provinces h^d not been re- united as aforesaid.'" (Sec. 4G.) From the Union ot the Provinces to Confederation (let July, 1867), the Governor-General ef the Province cf Canada was ve.-tod with and possessed, and it became and was his duty to exercise, all the Imperial executii-e authority in Kupett's Land and the Province of Canada, in relation to the government of the Province of Canada, and the courts in Lower and Upper Canada continued to possess and enjoy, and were capable of < xereit-ing all the jarisdiction over all offences committed in Rupert's Land, that wtre respectively vested in and possessed by the Governor of Lower Canada, and that were possessed, enjoyed, and capable of being exercised by the courts of Lower and Upper C inada before the Union, unp.ffected in any manner whatever by the Imperial .\.ct 22 and 23 V., c. 26 (1859), or by any other Act, Imperial or Provincial. The question now is, what became of this Imperial executive and admi- nistrative power and authority, and of this jurisdieliun (f the courts of the Province of Canada on Confederation ? It has been urgued that it ceased alto- gether or revcfted back to the crown in England, and tlurefore could be exercised only by the Imperial authorities and the ciiminal courts cf England ; and this argument is based ( ntirely on the phrase, " In relation to the Govern- ment of Canada," in the 12th sec , and the phrasi', " in rehitiun to the Govern- ment of Ontario and Quebec respectively,' in the C5ih section cf Ihe British North America Act, 1^67. These sections are Kub-'aritially the sauio in phraseology, and aro Rub.-tantial (opits of section 4(; of the Union Act of 1840, which has been quoted in full — the only dilTercnco b iog in the wordf, 'in relation to the Government of <'at)ada," in the ft)rMier, and "in relation to the Govcrnnunt of Ontario and Quebec renpt ctivcly " in the lattiT. It is a'imitted that had these phrates been omitted, or in other words, had these secliouH bcea 3 34 precietly in the words of section forty-six of the Unitn Act of 1840. the power and authority of the Governor-General of Cannda, and c f the courts of Quebec and Ontario in respect of oUVnccs ccmmittcd in Rupert's Land, would liave nmaincd and continued jutt tlie same after as bi fore Confedi ration : but it is argued that the Iniperiiil Parliament, havinp in vi(w tlie further acquisition by Canada of Rupert's Land and the Korth-Wtet Territories, introduced these phrases with the ir.t«ntion of tdkiig frcm the Kxctutive of Canada these powers and authcrilios, and from the courts of Ontario and Quebec this juris- diction. If this were the intention of Parliament, it se( ms to me it might easily have found words, phraees and language more fittingly expressive of its meaning. Is not this giving a strained cotstruction to the Statute, unsupported ly any sul'strntial reason, and contrary to tlie express declarations of otlier piarts of the Act ? Is it not manifest, on a moment's reflection, why the phrases in question were used? These two sections (12 and 05) were dealing with the Imperial executive and Canadian administrative and ministerial powers and authorities of the Governor-General of Canada in respect of all matters and duties delegated to, and imposed upon him, in "relation to the Government of Canada," that is, all matters and duties which were general, not local, and which related to all the provinces alike, but to none in particular, on the one hand, and to the Provincial executive, administrative and ministerial powers and aulhoritits, which, from their limited and circumFcribcd nature, and their local application, were to be exercised only in reference to such matters and duties as were required to be done hi relation to Ihegovertment of the provinces respectively, on the oihrr hand ; and, to draw a line between the executive duties of the Governor-General, an Imperial officer and in direct corres- pondence with the Crown through its Impeiial ministers, and those of the Lieu- tenant-Governors of the Provinces, holdicg their appointments from, and being responMble to, and in correspondence orly with the Governer- General, the phrases referred to were properly used ; and it was necessary that these or similar words should be employed to mark the respective executive, admin- istrative and ministerial powers and authorities of each. Neither ef these sections has any relation to the courts of Upptr and Lower Canada, Ontario and Quebec. I therefore fail to see how any argument can be derived from them that the Act of Confederation swept away the jurisdiction of those courts over offences committed in Rupert's Land and in the North- West territories. The only question that can be raised is, " Had the Goveri or-General, after Confeder- ation the executive power of appointing iLiagistrates, &c., in Rupert's Land and other parts, to take informations, &c., and transmit offenders for trial and punishment to the courts of Ontario anel Quebec ? " It is quite clear that neither the Lieutenant-Governor of Ontario nor of Quebec had any such power; and I think it equally clear, for the reasons given and for many others which might be mentif>ced, the Governor-General had such power until the transfer of Rupert's Land and the North-West territorit.s, and the e.st^iblishment of the Province of Manitoba — events which took place on the 151h day of July, 1870 — and therefore, during, at the time, and after the crime charged in the indict- ment was committed. And from the 121)1h and 130th sections of the Confeder- ation Act, apparently overlooked by counsel on the argument, the 129th being almost if not quite an exact copy of sectii n 47 of the Union Act of 1840, which gays •. — " 129. Except as otherwise provided by this Act, all laws in force in Canada, Nova Scotia, or New Brunswick at the Union, and all courts of civil and cri- minal jurisdiction, and all legal commisfions, powers, and authorities, and all officers, judicial, administrati?e, and ministerial, exisiing therein at the Union, shall continue in Ontario, Quebec, Nova Scotia, and New Brunswick respec- tively, as if the Union had not been made; sulj^ct nevertheless (except with respect to such as are enacted by or exist under Acts of the Parliament of Great Britain or of the Parliament of the United Kingdom of Great Britain and 35 Ireland) to be repealed, abolished, or altered by the Parliament of Canada, or by the Legislatures of the respective Provinces, according to the authority of the Parliamtnt or of that Legislature under this Act. "130. Until the Parliiment of Canada otherwise provides, all officers of the several Provinces having duties to discharge in relation to matters other than those coming within the classes or subjects by this Act assigned exclusively to the Legislatures of the Provinces, shall be officers of Canada and shall continue to discharge the duties of their respective offices, under the same liabilities, res- ponsibilities, and penalties as if the Union had not been made." And section 5 of "Rupert's Land Act, 18G8," which says: "It shall be competent to Her Majesty, by any such Order or Orders in Council as aforesaid, on address from the Houses of Parliament of Canada, to declare that Rupert's Land shall, from a date to be therein mentioned, be admitted into and become part of the Dominion of Canada ; and thereupon it shall be lawful for the Parliament of Canada from the date aforesaid to make, ordain, and estab- lish within the land and territory so admitted as aforesaid, all such laws, insti- tution, and ordinances, and to constitute such courts and officers as may be necessary for the peace, order and good government of Her Majest3''s subjects and others therein : Provided, until otherwise enacted by the said Parliament of Canada, all the powers, authorities and jurisdiction of the several courts of jus- tice now established in Rupert's Land, and of the several officers thereof, and of all magistrates and justices now acting within the said limits, shall continue in full force and effect therein." I think it unquestionable that the jurisdiction of the courts of Ontario and Quebec continued over offences aommitted in Rupert's Land and the Nord-West territories, and therefore over the crime charged in the indictment ; and that all the magistrates, etc., acting or being within thosrf limits, had power and authority, and it was their duty, to apprtliend and bring to trial, either in the court of Assiniboia or in the courts of Ontario or Quebec, all persons who had committed crimes or offences within their respective jurisdictions, and therefore those persons who were charged with the murder of Thomas Scott — certainly until the tran^fer of Rupert's Land and a portion of it was formed into the Pro- vince of Manitoba, and it may be, until the pissing of the Canadian Act of 1871 (34 v., c. 14), whereby it is declared that— "The court known as th'; General Court, now and heretofore existing in the Province of Manitoba, and any court to be hereafter constituted by the Legis- lature of the said Province, and having the powers now exercised by the said General Couri, shall have power to hear, try, and determine in due course of law all treasons, felonies, and indictable offences committed in any part of the said Province, or in the territory which has now become the said Province." At the Confederation of the Provinces — certainly at the passing of this Act — the concurrent jurisdiction of the Canadian courts over crimes and offences com- mitted in tlie territory which afterwards became the Province of Manitoba, ceased and was at an end, and the Courts then existing or subsequently established in Manitoba, had and have exclusive cognizance of, and jurisdiction over, all crimes and ollences in .Manitoba, originating in the territory now forming that Province, whether committed before or after the establishment of tlio Province. There has, then, been no interruption of jurisdiction, or want of autliority in Couits existing in North America, to hear, try an staiul his trial. Mr. Koyal said not tor six or seven d lys. The Attorney-General olijected to so long a time, and finally the time wm fixed for 'llmrsday next, at ten o'cloek. The prisoner's Uiil was enlarged on the responsibility of the Court until that time. The business of this term of Court prevented Lepine's case being tried ; it was accordingly fixed for the next term of the Court of Queen's Bench which would sit in Oct ber following. During the Session of the Provincial House of Assembly, in July, 1874, a Bill was passed providing that iu the case the business of a term of Court should not have been linislu d inside the lime named in the f rmcr Statute, the Court should be empowered to sit until the business had been finished. This fully prevented any chance of the trial of Lepine's being delayed for the future. COURT OF QUEEN'S BENCH. OCTOBER TEllM, 1874. Chief J ustice 'Wood presiding. THE QUEEN r.';. AMBllOISE LEPINE— MURDER. Tu: EDAY. Mr. Cornigh appeared for the Crown ; and Messrs. Chaplcau and Royal for the defence. The Court then proceeded to empannel the jury, and after a good deal of Etandirg afide and challenging, Ihe following were selected: John Omand, Noibcrt Marion, Jcihn Foibes, Jas. Parks, Peter Harkness, Bapti(^te Dubois, Samuel West, Joseph Poitras, Cornelius Pruden, Andre Robil- lard, Maurice Bird, Noibert Nolin. The following were challenged for the Crown: Duncan McDougall, Moi'se Goulet, Amable Marion, Paschal Piette ; .andalout sixteen were chalknged by the prisoner's counsel. During the addnss of the Crown counsel, the Grand Jury entered the Court room and presented the following True Bills: The Queen vi;. J. Sanders and Chas. Bond, larceny. The Queen vs. Roc an and Morneau, receiving stolen goods. The Queen «).s. Chas, Baird, assault. Ihi Clerk read Ihe indictment against Ambroise Lepine, as follows: PROVINCE OF MANITOBA. ( Court of Queen's Bench, I Crown Side. November Term, 1873. The jurors for the Court of Queen's Bench on oath present, that Ambroise Lepine, on the 4th day of iMarch, in the year of Our Lord one thousand eight bundled and seventy, al Upper Fort Garry, then known as being, lying and situated in the District of Assiniboia, in the Red River Settlement, in Rupert's Land, and now better known as being, lyiug and situate 1 at Winnipeg, in the County of Selkirk, in the Province of Manitoba, Dominion of Canada, feloniouslj', wilfully, and of his malice aforethought did kill and murder ouo Thomas Seott, against the form of the Statute in such case m-ide and provided, and against the peace of our said Lady the Queen, Her Crown and Dignity. MH. COENISH'S speech. Gentlemen of the Jury : — You are now called upon to try one of the most important cases that have been under considerati in in this Dominion for some time. Yv>u are aware that some few years since, this country was attached to the Dominion of Canada, and that, for some reason or other, certain individuals bound themselves together, and took upon themselves the right to imprison some of the people and murder one of them, and thatona of those implicated in these high-handed proceedings is the prisoner at the bar. It is known to you that one of these prisoners, by the name of Thomas Scott, was the one who was killed and murdered by those who professed to have authority at that time, and of whom the prisoner was one of the principals. It appears that the prisoner at the bar resided in this country. I shall show you that early in the year 1870, the prisoner ordered the arrest, and foully and illegally caused the death of oie of Her Maj sty's subj 'cts. This, gentlemen, will be the flrr-t fact upon which you are called upon to decide, and it will be for you to determine whether the life taken by these men, of whom the prisbnerwas one, was a foul murder or a justifiable act. It is for you to say whether the crime of killing Thomas Scott was a murder or not. It is for you to decide whether the prisoner ,t the bar is guilty of the crime for which he has been called upon to answer by this Court and by the people of this country. It is for you, gentlemen, to say wh'ther the constitution of the country, on which we all depenii,can be subverted and destroyed by acts of lawless men; whetlier the bulwarks of our constitutional liberty are to be ludely leveled in the dust, an'l whether the prisoner at the bar, who is accusi d of the crime, is to be punished or not. It appears that previous to the 4th of March, 1870, a number of persons took u[ on th mselves the right to imprison and abuse a great number cf Her Majesty's loyal and peaceful subjects. This was an illegal act. There was no authority or law to justify the imprisonment of those peaceful subjects for the length of time during which they were imprisoned. But, gentb-men, these lawless people who were guilty of this outrage were not satisfied with what they had done; they had to commit further wrong by putting to dtath one of the prison, rs named Thomas Scott. This, gentlemen, was a foul murder. The men who did it had no authority for doing it. They had no right to convmit that deed. The prisoner at the bar is accused of being one of those who ordered the execution of the unfortunate man Scott, and who took .'in active part in that murder. I need not tell you, gentle- men, that firf-t you must come to the conclusion that the murder had been com- mitted, and secondly, whether the prisoner at the bir is implicated in that murder. 1 will endeavor to fIiow, by the evidence I will lay before you, that this unforturatf; man Scott, after subniitliug to many hardships from these law- less men, on the morning tf the 4th of March, 187o, w.as taken out of his piison and killed by a r.uraber of those men, among whom was Mr Lepine, the prisoner at the bar. If that be so, and I am sure I have no desire to press couviet on unless the evidence demands it, you will, gentlemen, see that the case is clear. Who, let me a-k, was thin Thomas Scott? A young man who, becaus'i of his loyalty to his Queen and country, was taken and killed, munlered foully so, becaose he diired to bo loyal to his crown and country, by ni'n of whom the prisoner was one. Gentlemen, we sha'l show you that upon that melam holy occasion, every ( fTort was made by one whose num.; will iir in tli(; hiartr^of all, and memories of 1h<; good for all time, to save the lif.? < f poor S ott ; but llieiinfoitunato man was ordained todiu ty the hands of assassins and murderers. 1 '■peal<,gontle- meD, of the noble i fTorts made by the Uev. G. Young. It is true that for a long 38 linie juftice was postjionni, nud Hint runny of ihote equally guilty with the prisoner were at large and dcfitd and laughed at justice ; but the u'nerricg dart has reached nearly all of them, and perhapss even before long, those too will find themselves in the hands ( f thost' whose duty it is to jmnish the transgressor and the murderer. It will he sliown to you, gentlemen, tliatSeott was murdered, and that Jlr. Lepine, the prisoner, was fullj' implicated in that deed. Jt is for you, gentkmen, to decide the (juestion upon the evidence which will be laid before you. It will be your duty to render a verdict of acquittal if the evidence, in your cttimation, is intuflicient to j)rove guilt; and a verdict of guilty, if the evii'ence is suiiicient. There is one fiature in the closing part of this tragedy, gentlemen, that is not only suspicious-looking, but cowardly in the extreme. I allude to the spiriting away of the holy of Thomas Scott, after the unfoitunate man had been executed. Why was this done ? If the execution was justifiable and according to law, why was this dark mysterious act committed? Surely, this act cannot be defended. Is it not a strong evidence of guilt of wrong, of a crime being committed that wouUl not bear the light of day? No one to this clay knows where the murdt rid clay of poor Scott lies buried, or if it was buried at all. I need not also till you, gentlemen, that it is your duty, if you have any doubts, after weighing the evidence carefully and calmly, to give the prisoner the benefit of such doubts ; but, gentlemen, let them be doubts, and do not allow prejudice or feeling to sway you from your duty in this matter. After the evidence has been laid before you, I will again be permitted, in accord- ance with the practice of the Couit, to address you and sum up the evidence as it occurs to me. I trust that my learned friends who are conducting the defence will have no cause to complain. I shall now leave the matter in your hands, and lay before you the evidence upon which you are to adjudicate. Joseph Nolin was the first witness called, but he did not appear, he not being present. Wm. Farmer sworn. — I reside at Headingly ; I am the party at whose evidence the prisoner was arrested ; on the 17th of February, 1870, I was made a prisoner about half a mile north of the Prairie Saloon ; there was some forty-three of us ; the late Thomas Scott was one of those arrested with me by a party of half-breeds headed by the prisoner Lepine and O'Donohue ; they came from Fort Cfarry, i.e. the Hudson's Bay Fort ; I was going home to the Portage ; some of us were going to High Bluff, some to Headingly and some to the Portage ; the half-breeds were arm'd with repeating rifles, revolvers and knives ; we had been armed, but our arms were packed away in a sleigh at Kildonan ; we dispersed on a note from the Fort, information being given to our party that we might proceed home without being molested; the cause of our coming down was to release some prisoners, of whom fortj'-five were in Fort Garry at the time ; they were taken at Schultz's place ; when we went down from Kildonan we met some five hundred, chiefly from St. Andrews North and South, St. Paul and St. Peters ; our force amounted to about six hundred armed men ; I was in command of the Portage force ; we arrived at Kildonan about 10 o'clock in the morning, 15th February; the prisoners were released that night ; next morning a communication was sent to Fort Carry by Northway and McKenny to Kiel ; I was not in the Council and know not what was in the note ; there was a reply to the communication, stating that the prisoners had been released, and that our object having been accom- plisl'ed, we could go home unmolested ; it said nothing about the reward for apprehension of Dr. Schultz, or the restoration of Schultz's property ; when we received this note, we were on our road home ; some four or five, mistrusting that something might happen to them, went ahead of the others and reached their homes in safety ; before we left Kildonan, an occurrence took place that induced several to go to their homes ; a person by the name of Sutherland was shot ; while in camj) in Kildonan, a person came there, named Parisien, who was considered a spy ; we arrested him and put him under guard ; he escaped and went towards the river, but was pursued ; John 39 Sutherland was coming across th3 river to Kildonau on horseback ; Pdrisien as he escaped had seized a double-barreled gan loaded ; he tired at Sutherland twice, one shot takiny: effect in his wrist and the other in the back ; Sutherland fell from his horse and died about an hour afterwards. The persons pursuing Parisian fired at him and wounded him, but he was not killed ; he escaped to the woods on the other side ct the river ; he was taken prisoner and brought back to the church ; when he was retaken he was froz?n ia the hands; I saw him when I got out of prison, in the moath of March following ; he had not recovered from the effects of the freezing, but I think he had from the gun shot ; the un- fortunate occurrence of tne death of Sutherland had the effect of inducinga great many to disperse and go home. His Lordship.— Why did y.u go half a mile from town ? Witness. — We were' advised to do so ; we passed through about 10 in the morning. His Lordship. — Did you know at that time whether the French force had any military designation? Witness. — Lepine was styled Adjutant- General. His Lordship. — Had he charge of the force when you were a prison 3r ? Witness. — Riel and Lepine both cama into our guard-room. His Lordship. — Was the prisoner dressed differently to thd rest ? Witness. — I could not swear what c jnversation ; was between Riel and Lepine, and a half-breed named Poche ; Lepineand Donohue commaaded us to surrender ; our arms were stacked in a sleigh ; some had arms, but Major Boulton cautioned all of the party not to fire, and no one di I fire ; I did not see any resistance offered ; the party from the Fort consisted of about forty mouated and a number on foot straggling along from the Fort ; among the party that was taken was the deceased S:ott: did not see him offer any resistance; the prisoner and O'Donohue rode in advance and spoke to Poche ; he was known as an English half breed and spoke the two languages ; I do not know whether he conversed with the pri8on3r or Donohue in French or not ; Idil not hear them; when we saw them coming we stopped our sleighs ; the prisoner did not cry out " Stop ; " Poche, after s-peaking, came back and said tliat they came out to see thai it was the Portage parly going home ; they surrouulcl m, and I was told there was a discussion in the Fren h language between the parties as to whether we should be permitted to go homj or be taken into the Fort, and Donohue decided that we should be taken into the Fort, and we w>;rj taken in without any resistance, as far as I could see, from any one of our party ; I did not hear, in language that I und rstood, the prisoner give any command or direction respecting taking us prisoners, or taking us into the Fort ; O'Donohue seemed to be in command ; I heard O'Donohue say " Take them iato the Fort." Mr. Corni-h. — When you heard O'lionohue fay " Take them into the Port," was he at that time in conversalionVith Lepine ? Witness. — I cannot remember. Mr. Cornish. — I suppo.se you remember going to the Fort? Witness. — I do; O'Donoliue and Lepine went in company to the Fort ; all rode together; we were march jd into the court-yard, and some of us searched under the directions of Riel, L /pine and O'Donohue ; Riel madj his appearance at that lime ; tli;y took some revolvers and knives, but nothing from me at that time ; we were marched up to the Hudson's Bay Ollioe and placed in the upper part of it ; S^ott was locked up at the same time ; we were again searched there and placed in diflerent rooms ; 1 was placed in the same room as Sjott ; this was all done against my will ; remained there a month ; saw Scott daily during that time ; frequently saw the prisoner Lepine ; last saw Scott on the mornin,' of the 4tii of Miirch, 1870 ; he came to the door of Iho room I was in, which was open ; he said " Goodbye, boys" ; I reckoned lie was g ing awav ; this is the last timo I gaw him ; I could not say whether he was with any perton when I saw him ; daring my impri-onment I frequently saw the prisoner; he appeared to be in 40 charge of th ■ guard ova- us, ami w.vs si)okea of as the Ak this oatli and signed my name in a book, and went back then, and got my overcoat and l>Ianket and started ; tiiis was at 1 -ast a fortnight after Scott's death ; n arly tlie whob' time Scott was in the same place as myself; saw him on the morning ot the 4th of March ; met him on the stairway ; as 1 was going down he was coming up ; he win shackled : he had rings on each ankle and carried a chain in his hands about as high as his middle ; I think this was 42 the Inst time I saw Lim ; he went into his cell whcro he was left by himself at that time ; he had been put in the night before about 8 or 9 o'clock ; he told me the reason was ho was poing to be shot ; on that same evening prior to his telling me this, O'Douohue, as I knew by his voice, camo (o the door of the room in which Scott and others were confined, and called out for Scott to come out ; as Scott got up he made the remark to me that he was afraid ho was goicg to get into trouble, and went out ; I should say he was away about iialf an hour, when he returned with the guard ; the door was left open by the guard, and he came in and took his blanket, the guard standing at the door waiting for him ; I asked him what was the matter; he said, " I am going to be shot ;'' I asked him what for, lie said he did not know, it was in French ; I think he used the word trial, and then he went out; I saw no more of liim that night ; next morning I met him on the stairs ; I think he had no shackles on when he came for his blanket ; on the 4th of March, as we were standing in one room, I heard a voice from one of us saying : " There goes Scott to be shot ,'' I heard a report ; this report was about a quarter of an hour afterwards ; a man named Delorme was in charge of the guard ; I used to hear Riel and O'Donohue, sometimes one and sometimes the other, occasionally scolding the men of the guard ; 1 never heard the prisoner at any time ; I have given all the reasons I know that have led me to suppose that he had any power there at all. Cross-examined by Mr. Chapleau.— I saw Rev. Mr. Young going into Scott's cell after he had told me " I am going to be shot ;" I think it was after 7 when I heard the voice ; not to my personal knowledge did 1 ever hear the prisoner at the bar giving orders or scolding as the others did. Court adjourned. Wednesday, Oct. 14. Court resumed its sittings this morning, the Chief Justice presiding. Routine business having betn disposed of, the Lepine trial proceded ; — Alexander Macpherson sworn. — 1 reside at Stone Fort; in 18 '70 resided in Winnipeg ; was one of the party arrested in the month of February, at the back of the Prairie Saloon, by the French half-breeds ; Thos. Scott was arrested with me; we were taken to the Fort, some forty or fifty in number ; we were going to the Portage when caj^tured ; we were not armed to resist force, but had arms in our sleighs ; when we got to the Fort, there were some four or five hundred men in the Fort — some armed ; 1 cannot say all were ; before we went we were told that they Avanted us there but ten minutes ; we expected to go home after Riel had spoken to us ; when we were all surrounded inside, the only man that spoke to me was Thos. Scott ; he said, " It is very cold, let us go down town and have a glass ;" we started to go, but when we came near the gate we were pr. ssed back again by the crowd in the Fort ; Riel called John Taylor, of Headiiigly, to come into a room ; Taylor was cne of our party ; all the rest were called in too ; we went in, and nineteeri of us were shut in a room ; Thos. Scott was one of the nineteen ; a short time after, O'Donohue came in and two or three men with him ; they sea: ched our pockets and took all we had from us ; I did not know the parties that were with Donohue, then or now ; remained there five weeks ; Scott remained about two weeks ; I only saw him once between that and the 4th of March ; the first I saw I was looking out of the window, and Riel was ordering two French half-breeds to go into where we were ; 1 saw this by his gestures ; they seemed to hesitate, and after taking a few steps towards the house or room, stopped, when Riel turned over upon seeing them hesitate, and ordered them to proceed : do not know where these two men went ; Scott's place of confine- ment was at the other end of the house ; we had heard that Scott had been sentenced, and I thought that these were men ordered to go to Scott 43 and lake him out to be executed ; I heard he was to be shot ; did not hear Eiel ?peak ; do not speak the French language ; Kiel spoke to his associates in French usually ; these men and Kiel went away; then saw the Rev. Mr. Young and Ttiomas Scott coming out of the building where he was confined ; there was another person going behind them ; it was the priso.ier Lepine ; there were two or three men walking behind Lepine ; Scott had a white cap on, and a handkerchief on his head; he was also tied, or handcufl'id; cannot say whether it was his feet or hands, but know he had irons on ; saw this from the window as they were eroingdown stairs, outside the building into the court-yard ; when they passed the corner of the house they went out of my view ; they went iu the direction of the gate, then opeuiug on the main highway or Garry street, run- ning east of the fart ; I saw about six others following after ; they had guns ; they were also lost to my view by the building ; these six followed right after the prisoner ; the next thing I heard was a report of fire arms ; there was more than one gun fired; the sound seemed like a quick succession of shots ; this occurred within less than ten minutes after they lefl my sight ; the firing appeared to be in the direction they had gone outside the walls ; the next thing I saw was about BIX or eight men coming in the walls with a box or coffin ; they came from the direction the other men hal gone out ; they went from my view, hidden by the house that is within the fort; I do not remember seeing any party coming in with guns again. Cross-examined by Mr. Royal. — I was in Schultz's building,but was not caught with that party ; I was engaged with Colonel Dennis in the fall of 1869; I can't tell the month ; it was in the fall ; when the prisoners were taken at Schultz's house I got clear ; Schultz had a store on Garry street, in town ; it contained all kinds of goods ; I went to the post-office to get som3 letters, and I did not go back again (laughter). Chief Justice. — Why did you not go back ? Witness. — Because I was informed it was a farce on both sides : Schultz's store had a guard of armed men over it; there was forty or fifty of us armed men; we had ammunition ; I was a constable, and also the other men guarding the stores ; it was at the Stone Fort, before this affair, that we were sent for as constables to protect the peace; this was in the fall of the year ; I was not sworn in by any magistrate ; there were some thirty or forty collected at the instiga- tion of Colonel Dennis ; this was done in consequence of Riel taking Fort Garry; I never enquired under whose orders I was acting ; we left guards over these stores about two days and two nights ; on the third day I went to the post-office to get letters ; our party was irregularly armed, but every one could get arms: to the best of my recollection, our only obj-^ct was to protect the Government stores; I h' ard of no other object ; after I went to the post-office, I stopped out- side, and in an Lour or so the party was all taken prisoners by Riel's party ; I saw them being taken to the Fort ; there had been, for a day or two, armed men from the Fort down about Schultz's premises ; they were some two or three hundred day and night ; I do not know whether they demanded the surrender of the place ; this was after Riel bad taken the Fort; I was told not to go in and exposi; myself, as there would not be a shot fired inside or outside ; there were men all round the town surrounding it, and I could get out of it ; if they had seen me 1 should have been captured ; I went to the Stone Fort and slopped there a few days, and alter that Colonel Dennis went away, and when he left, we left too ; I went up to the I'ortage, was there some time, and a number of yoi.ng men made up tlnir mind to get the prisoners out of Fori Garry ; Scott wastakm prisoner with the party from Schultz's; 1 only know this from hear- say ; he told me he had been confined in the i''ort, but bud escaped ; I could not tell whether Faun- r took any active part in the formation of the I'ortage party; I voluntarily joined ; the party consisteil of about eighty, and it seemed to act spontaneously, its only ohject being the liberation of the piisoncrs in Foit Garry ; Thomas Scott was with uk; he was not a principal actoT; there were none ; 44 some of us hnd guns, fome pistols, and «ome f^niis without locks ; noncof usliad aii\ Huwio iinivts ; wi- Imltid nt Ilendingly lor a day or two; we tlid not drill, but lind tlVuirs; our horsts Imving fiiviii out, somo turned back at IIcndin-;ly ; 1 bad IK) gun, ouly a goinf; out were an armed party ; this was after Scott went out ; all 1 heard was the volley ; my ears caught it, and I knew not what they were doing outside. To Mr. Cornish. — It was between 10 and 12 I saw this party walking towards the gate; I think the third person following was the prisoner; I had frequently seen the prisoner walking to and from the yard ; I was toll it was Lepiue; he was always called the Adjutant-General, and I topk him to be him ; to the best of my knowledge, he was the third person tliat followed Mr. Young; I Uid not see Scott's face or Mr. Young's face, but I knew it was them ; Ly the same knowledge, I knew the prisoner. Rev. Mr. Youns sworn. — I reside in Winnipeg and am a Minister of the Methodist Church ; ia 1869 and 1870 I resided in the same place; I ^vaa in the habit of visiting Fort Garry, generally once a week in the mo i(lis of January, February and March, to see the prisoners; there were two parties of prisoners ; the first were taken from Dr. Schultz's building and the oth' r party from ' ff the prairie — the first party in December and the other party in February ; I knew Thomas Scott; he was taken in both cases; these prisoners were in charge of Kiel and certain officers under him, as I understood ; I obtained permission fri)m Riel first ; for the fir^t few weeks I invariably < btaiued permission wlienever I went; subsequently I was not rt quired to do this ; I saw a number of others who were said to be in authority, acting as .sucli ; it was sail that under Riel there was an Adjutant-General aud several Captains; the prisoner Lepine held the office of Adjutant-General; I very often saw Lepine durins; my vi its; he seemed to be in possession of power ; Riel was first styled S'cietiry and sub- sequently President ; Mr. Bruce was first styled Presi lent ; I do not remember having any conversation with Lepine prior to this date ; I rememb-r the 3i(l of March ; nothing occurred till the evening to my knowledge ; on that evening I returned home from tlie conntrj', arriving home about 9 o'clock; soon after a messenger cami- from the Fort, named Turner, informing me I was required at the Fort ; I asked him I'y whom, he told me by Riel ; hi' had sent for me, as one of the prisoners had been sentenced to be 8lior,atid llic pi isoner had asked me to be sent for ; I went with him, and on entering the Fort I went at once to find Riel ; I went to his room, and was told he was in St. Boiiiface and would not be- back till next morning ; then I went to see Scott ; I found him in ihe comer of a room in the building that had been used as a prison ; he was alone and not ia irons; the door was guarded by a number cf armed men ; when I visiti d biin the Saturday before, he was in irons ; this wason Thursday evening ; I asked him if it was in accordance with his wisli I had been s nt for ; he told me it was ; tliat he had been called before a council of war that aftirnonn, and condemned to die ; hn objected to the tiial, as it was conduct* d in a language he did not understand, but was tolil it made no diHerecce ; ho wms a bad man and had to die, aud was sentenced to be shot the next diy at 12 o'c'ock. He told me bethought they were (juite bad enough to do it, but he doubted If they dare do it ; I instructed him the proper course fur the both of us to do was to act upon the presumption that it would be done; the first matter.s attended to was to givemi; the addrtss cf his mother and brother-, an 1 place In my hfiiids his tlVectw, all dl whith wero ibrwarded to thein aft'^r his death ; having done that ttiere was no further talk on tin; in itt> r, all further dis- cotirso was rclatingto hisspiiitual welfare; I remained with him a const ItTible poition of tho night, and 1 b ft him for a time, as he wished to write a leitijr to his moth' r ; he iiad been furni-lied wiili pe i and ink and j apt r lor ih it pur- pose ; ine ; was going to his ofiice, he met me at the door, spoke to him, " I wish to g(; out of the Fort, will you inbtruct the sentry to let nie pass out " ; ho then beckoned to the sentry and 48 said Fomi thing to him tliat I could uo*. uudcrf-tanJ; I spoke to Lopino in English and ho iippt'iviod to undt i\-tand uic ; liad uevtr conver.^ed with tiini before that iiorafti r ; faw Scott on the 4th of March ; went up with Mr. Schultz to tho Fort and lUijuirod for tlie Captain of the (luaid ; do not luiow his name ; was told he was at tlio Council and tliut I should iiave to remain for some time ; a shoit time after I had ln'cn there, the Rev. Mr. Young came in and went into Scott's room ; he came out and requested me to go and see Commissioner Smith to intercede ; I did so, came hack and went into the guard- room ; Mr. Young was there with Scott ; a short time after two men came in — one having a cord and the other a piece of white cotton ; thiy went into the room in which Scott was and tied his hani^s behind his back, and plac d the cotton ever his eyes ; after, he (Scott) had permission to bid farewell to his fellow-prisoners ; he did so and was then taken down stairs and taken towards the small gate of tho Fort ; Mr. Young was walking by his side ; the men who went up to the room were with them ; cannot lell whether they walked before or bi hind ; I was looking through a window in the guard-rcom that looked in that direction ; a nnmber of men belonging to the Fort were standing armed with guns at the small gate, towards which Scott went ; I think about twenty ; saw others unarmed, about six or eight ; saw the prisoner there, also O'Donohueand Hiel ; they were beiween the centre building of the Fort, Dr. Cowan's house and the small gate that was thefe then but is not now ; Dr. Cowan's house was UFcd as the officers' quarter* ; the Council was held there; Riel, O'Donohue and Lepine were together and con- versing; they were in this position when Scott was going to the gate ; he passed them ; could not see Scott go out of the gate ; the others passed towards the gate in the same direction ; a party of men, five or six, went out towards the gate also ; I supposed these to be tho firing party ; as near as I can recollect, the firing party went out before Riel, O'Donohue and Lepine ; at the same time I saw a box being carried out ; it was a rough box, such as is used to encase a coffin ; this was taken in the same direction ; a few minutes after heard a volley ; I then saw a box ard supposed it to be the fame box they had carried out; this was after Riel, O'Donohue and Lepine had come in ; it was borne by half a dozen men in their hands ; it was taken towards the centre building and around the corner of McTavish's building, not in the same direction taken by Riel, O'Donohue and Lepine ; after the discharge of the volley, did not hear any other shot ; it was about ten minutes after the volley that I saw the box brought in ; saw Riel, O'Donohueand Lepine together on March 10th, in Dr. Cowan's building; I went there to get a pass to go through the country ; obtained the pass, went into Kiel's cffice with three others ; he was alone ; he didnot grant us the pass at once, but asked us to step in another room ; we did so, he closed the door after us; we remained there a couple of hours, during which time O'Donohue and Lepine passed through "several times, Riel twice; O'Donohue was, I understood, Treasurer of Kiel's Government. Court adjourned at 10.40 p.m. Thcesday, October 15. Court met at 9.30 a.m., Chief Justice presiding. Examination of D. U. Campbell, resumed. — I did not know the obj'ct of these three men being together ; I had some further conversation with Riel ; prisoner was then in his cffice ; afterabout two hours' waiting, during which they walked to and fro from their offices, I intimated to Riel, through one of the guards, that I wished an interview with him ; Riel at first had not appeared to be willing to grant the passes ; after walking up and down he went to his secretary and told him to write out the papers for us ; we received the papers from the secretary , whose name I didnot know; on his signing them we then left ; during the 49 Tnonths of February and March, i. e. the ten weeks I was a prisoner, I saw the prisoner freijuently, occasionally exercising authority ; on the 9th December, together with Kiel and Donohue, he appeared to be directing the men on the occasion of hoifting their flag ; it was a flag with a white ground, fleur de lis and shamrock; there was great enthusiasm on hoisting the flag, and speeches made in French by Riel ; the prisoner did not speak, although taking part in the proceedings ; Riel appeared to be the le idcr of the ceremony ; there was a military demonstration, a flag-stall' was there before, and on this the flag was raised ; as the flag was being hoisted up, Riel was addressing his soldiers, and as the fl ig reached the top of the staff, there was a volley fired, after which Kiel continued to speak for some length of time, and then all was quiet ; this was tlie only flag I saw there ; neither officers nor men wore any distinctive uuiform ; there were none on horseback that day ; no platform erected ; Riel jumped up on some boxes a little higher than the ground, and spoke ; I cannot say by whose command the men dispersed ; on another occasion, during some little trouble, Eiel came into the prison and ordered one of the prisoners to be put in irons ; the name of the prisoner was William Hallett, since deceased ; he lived about three miles from town, up the Assinibuine River; he was an English half-brued ; Lepine was present on the occasion; Hallett was out warming himself at the stove in tbe guard-room ; there was no fire in the prisoners' rooms during the time I was a prisoner ; there was iathe guard-room; Riel came and said to the guard : " Why do you allow these dogs to come out into the guard-room?" upon which Hallett suid : " I am the cause of all the trouble ; " Riel then ordered him to be put in irons ; Hallett went into hi> comrades, who said he should not be put in irons unhss they were with him ; the soldiers were then drawn up roand tbe prison Ly order ol Riel and Ltpine ; Riel and Lepiae then came into the guard-room ; Lepine tame to the door of the room where Hallett was, with a re- volver in his hand, and ordered him out ; one of the prisoners, Franklin, stopped in between and to )k hold of Lepine; the Captain of ihe guard then tuok hold of Lepine i.nd drtw him back ; the guard was standing looking on with their muskets with their bayonets on, ready to use them ; one of the prisoni;rs, bujith, went out and one of the guard made at him and his bayouet passed into th"sible to raise a sufficient force in counteraction ; the force was known to be in arms ; there were two or three meetings of the Council ; there was no forcible eft'ort to make them disperse, as deplorable consequences might follow ; it was thought that some days might be spent in bringing the English population together, and mcreover it would not be desirable to bring the two bodies into collision after all ; for these reasons nothing forcibly v as done; there were n< gociations in which Mr. Dease took a part, and I believe the tiovtrnor and others did what they could; the intention was to get the party who had risen to disperse peaceably; I think 1 was the only member that sug gested the use of force to put down the movement ; the unanimous feeling of the other councillors was as I have stated ; a proclamatit n was issued by the Governor, and I believe it was printed. (The blue-book being produced, His Lordship requested Mr. Carey to read the proclamation to the Court, dated 16th November, 1869, and signed Governor McTavisli, Governor of Assiniboia.) This was distributed among the people ; the people in the Fort paid ne attintion to this proclamation ; I think at the date of the proclamation the Council no longer sat, as the Governor did not call any meeting ; 1 suppose the GovcrnmLiit had no longer any control ovtr the country ; we had one or two unsatisfactory meetings, and I wrote a letter to the Governor that 1 thought it would be better that tha Executive would act themselves with the advici- of any that the Governor might |jk<; to call, and I said 1 hhould be gbid toact at anytime he wished ; the Governor never told me the reason the Council met no more ; 1 visited the b'ort to get the priscneis released who were taken in Dr. Schultz's house ; 1 went with the Rev. Mr. Young, Rev. Mr. Black, and 1 rather think with Archdiacon McLean ; we saw Riel and O'Donohue ; I do not remember seeing the prisoner ; I think it was on the evening of the 5th of March that Rev. Mr. Voung calbd uik)M me to tell me that Thomas Scott had been shot that afternoon, and said Riel told him that if I asked, the body would be given up for burial ; next morning I went with Mr. Young to Fort Garry and saw Riel ; we told him wo had come in regard to his- stitement that the body would bo given up; he said he was Korry I had been brought there ; the niattt;r was in the hamls of the Adjutant-ticneral, and hit^ would not hear of giving up the body; I understood liirn to refer to Li'|)iiii'; tlirro were a number of nn-n digging in ficmt, and wc were inforiiitf the Council of APHinniliDJa aft^r the troojis came in, my- self, Archbinhop of St. I'.onifiiee, William l''razer, John Sutiierlanil, Rcdjcrt Mc Beth and othern ; I think there wa-i a sulU' iout quorum ; the meeting was simply to draw up some resolutions to give Governor Archibald a congratulatory ad- dress ; upon the arrival of Colonel Wolseley, Mr. Donald A. Smith assumed the commauil as Administrator of the llutlsou'h; Bay Compuiiy, and I, as a member of the Council of Assiniboia, swore in two cr three hundred special couBtableP ; 1 am nut aware that Mr. Donald A. Smith took the oath of office. Cross-examined by Mr. Koj'al. — The troubles arose unexpectedly ; Riel called upon me a day or two before the execution of Scott, and said the French wanted land Set iipart exclusively ; discussed on two points, desirability of a Province and of reserves ; I think thf desire for reserves was the cause of all the trouble ; the French did not wish to be mixed, but to be all together ; I heard of no understanding that the French had to settle on the U])per part and the English the lower part of the river ; there arc cases of Eiglith and French half-br< eds mairyiiig, but of limited extent ; there were two or three meetings conven(d of the Council of Asi^iuiboia, after 1 hiard of the troubles; 1 do not recollect '.he dates ; at one meeting, in October, I think, Riel and Briice met us by arrai ge- ment ; they were tent for by Governcr McTavish ; the Council of Assiniboia was more for giving advice to the Governor than anything else. (A long and tedious cross-examination here ensued as to the meeting of the Council of Asoiniboia and its action during the time of the troubles, up to the Proclania- tion Lf Governor McTavish of IGth November, 1869, and tubsequent'y, the evident object being to ascertain the manner in which Riel was viewed by Government officials at the time.) The tonstt-bles were sworn in after the arrival of the troops. William Chambers sworn. — Lived in Winnipeg in 1869-70; knew Riel by sight ; knew of prisoners being coi. fined .n Fort Garry ; knew the laie Thomas Scott; knew he was prisoner somewhere ii.siiie the Fort; last time saw Scv tt,' it was ouside the Fort ; saw him led out of the gate on east side of Fort; after Scott was brought out, he was knelt down in the skigh track ; Rev. Mr. Young knelt with him and prfyed ; Scott was then removed about twenty or thirty yards; body ul armed men then came out of the Fort ; they were drawn up in line about twenty or thirty paces from Scott; a man named Lepine appeared to be in command ; ijhould take the prisoner at th' were on horr:eback'i i front of the oth rs of till- party; Poche advanced from our party to meet them ; could not say wh ther Puche came back to the party at that time or not ; two or three parties cam • to take my revolvers, but I would not deliver them up ; I asked who WAS in command ; they told me the Adjutant-General ; (my arms were a gun and Beven-shootin:; revolver ;) I toM them to stand back or I would knock them down ; to bring their commande'-, and I wouM deliver them up in his pr- s -nee ; I then took th.-m olf ; at thit time the Adj'itant-Gi-neril was there ; I told him I delivered th se tliing:s u^, but expi-cted them back when th.^ Gov rnm nt took hold of th c untry ; he b wed his head and rede on ; we went to the Fort and were researched; a pocket-book c< ntaining £6 ' was taken from me, I don't know by whose orier ; I saw O'Donohie, Riel and L-^pine standing at the door, a little distance off; I do not know what became of the pocket-book ; never ncovered my money from these parties; my fellow- prisoners were searched ; came from the Portage with Scott ; was tak 'u prisoner with hiin ; saw him handceflVd .; I remember the morning he was shot ; saw what was said to be a coffin, a rough b 'X of boards ; I was down-stairs with a guard when I saw this ; the guard took me back to my prison and I was locked in ; in the bui'diag wo were in th«^re was a hall ; from the guard-room five doors upened into five roomt- ; I wis in the game room as the witness J.>hn Baiu, at the nor'h-west corner; at tinst Seott wa<; kept in a room in the range wif!i ours ; a short time before t!ie 4ih March, Scott was placed iu another room ontiie op;)06ite side of ours ; while in this room he lay iu irons an I handcuffed; I saw Scott on that morning ; cannot say positively when Scott was removed ; double guard.s were placed over us, and the cracks and openin;?-; lookinj; into th' guard-room were cloed with rags or paper ; a short time bef(jre he was taken out, Rev Mr Young and Scott stood at our door; the door w:is o;(ned, I think, by one of the guardn ; Mr. Y')ungsaid, "Giod-hy ;, b ^ys ;" Thomas S ott boived his head ; his hands were ti' d behiud his bark, and he had a white handk rchicf over his forehead ; the door was closcrl as tln-y moved down-stairs ; I never saw Scott afterwards ; when Scott and Mr. Yoinig stood at the door, 1 did not recognize any o'h' r j)ersonH ; 1 felt so sorry to see pfK)r Scott taken out to be shot, and such a crowd in th(; room; I nrt of guns that appear^ tl to come from the ntad by the ea'-t gate ; I th "n looked through the window, and saw Mr. >'oung in trouble; h • was going towards Governor M( Tavish's residence ; he Ipeared to be wiping tears from his eyes: the next thing i observed was the tu n of one of Uk' tiring party ; I recogniz d the man tlien, and saw him last iijiig and aNoto-day ; I cannot tell hisname. (Ili.f Lordship instructed the wit- . -s to a.Mcertain lliis man's nam- and inform the Cou; t.) After that, the guardn re drinking and fooling round, and got intoxii ated that evening ; I saw the prisoner that day, but 1 cannot say how long after Seott was said to he shot ; I uw him up-Ktair.H in th<" guard-room ; lie was ai)parently sohor and talking to .me of the (.'uani ; I knew Lcpirw w II, wliih; I was in tlie pris(»n, I frequently iw liim ; I saw li el, Lfrpirn- and () Douohue on tie- night prcviou i to Scott i eir)g shot ; they were in the gnarJ-room ; Kiel c.\nn: and asked in if I was a 64 Canadian ; I told him no! but I belonged to that party ; I went back to my room ; ho follow d me up and apparently looking; into my room ; I closed the door and paid, "Hoyf, keep quiet, fur Kiel, O'DonoluK; and Lepinearein the^uard- room ;" I knelt on my knees and looked throuf;h the key-hole; 1 heard a knock wan in a slif)rt distance of mo, fully within niich ; I did nol see any arms on O'Donohue; after J had low.^nd my gun, he kept (inling around ; I heard I'oche and Lepine talking, but could not understand tliem ; they conversed two or three minut-g; this was about the middle of February ; 56 \^hin I faw the imitation of a coffin, it appeared to come in the east gate,. earned iu tho hands of two men; it wus kni)wn by us then that Scott was to be shct ; fho hall iu which tliegunnls used to rem lin was a pretty ^ood-sized one, w'th a large stove iu it ; wlieii T was taken ba< k to my rooo), 1 did not see the prisoner in the hall ; wlu n I went back fiom the Court-_vard, soc: afterw irds, the guard was doubled ; I was informed tliat Mr. Young was with S ott ; the door of ray room was cloFcd until Mr. Young came; we couJd see through the cracks until tht y were stopped up ; it is not in my knowledi^e that Scott kicked one of the guards; I heard a scffl ', as I thought Scott trying to get out; Kiel was present when this scuffl • t( ok plac , and O'Donohwe and L< pine ; I was loukiug through th>' key-hole ; it app- ared as if the door was opened ; heard a noise — a commotion — saw Scott come at the door; I heard thai Scott had difficulties with the guards more than once, but never saw it ; door was opened by one of the guards ; Mr. Young said, " G o '.-by ', boys," and Scott b iwed Ids head ; knew Mr. Yeai g before ; was close to 5Ir. Young, could not be mistaken ; did not sei' Lepine th.re ; saw a number of the guards; do not recollect the faces of the men behind Mr. Young and Scott ; saw a number of guns and arms there ; did not see if the men iminediateli/ hvhind Mr. Young and Scott were armed ; there were often persons went into the guard-room to talk with the guards, apparently friends ; the night that Scott got into trouble, I was in a room adj^inir.g his ; I should say it was about the hour of nine ; it was after dark ; I don't think there w\ re quite so many guards that night ; the distance between the door of the room and Scott's door was probably as far as from the witm ss box to the railing, probably some feet less ; no light in my room; light in the guard-room; don't know if lamp light or candle light ; Mr. McKenny sent Scott to intercede for me, and I think it was in consequence of my kindness to McKenny ; I was asked to sign my name to a book ; they looked into Lepine's room to see him, and asked m? in to w:dt, so as we could conic down together. Girard sworn. — I have not that letter ; I have male search for that letter, and have not it in my possession ; (a letter to Mr. Diicharmc ; from the Governor.) Upon thi , witness proving having searched through his office for thi-^ letter unsuccessfilly, he retired from the witness bux. Joseph Nolen sworn. — I am a native of this country ; reside at Point de Cheae ; I know the prisoner at the bar; know him from a little boy ; the years 1869 and 18T0 I remember, also the troubles in the country at that time ; the trouble was between the people of the country and the people of McDougall, who were to come her ; I think the Company was in possession of the i'ort about that time, in fall of 18G9 and spring of 1870; saw some other people in the Fort during the winter ; cannot say up to what time the Company had po- session of the Foit ; I do not know what thej' were doing there ; I do not know who was in authority ; I did not notice ; I saw some armed persons guaiding the entrances to the Fort ; I think some person was in command of thtm, but cannot say for sure, who ; there was a general report that Riel com- manded the whole thing, and that O'Douohue and Lepine were officers ; I did not see Lepine giving any command ; heard th'- others stating that thoy took commands from him ; Lepine was called in the Fort, Adjutant-General ; during that winter there were prisoners confined in the Fort ; I heard there was a great many, but did not see them myself; I only saw two or three in thf' Fort on one occasion, aiid on another, a number as they were faktn on the prairie; when I visited the Fort, I had no conver.«ation with Lepine, or with Riel in the presence of Lepine; don't know Lepine's duty there; had convereatiuns with Eielon diiferent subjects; I saw Lepine most every time I went to the Fort; I remember the day that Scott was shot ; I was present at the P"'ort that day; did not go inside the Fort; as I was coming to enter the Fort, I met some parties takii g Scott out, and that is why I did not enter ; I remained standing outside of the wall next to the door ; stopped at the door-sill ; Scott remained 0( standing at the door, and I remained outside, with my hands b-hind, against the wall of the Fort; ?ome time after I saw Mr. Lepine coming out ami put down the white cloth that Scott had around his head; he wt nt awaj- with Sco't along the wall ; I only saw Lepine take Scott away ; don't know what dihtance he went; saw Rev. Mr. Young speaking to Scott; Scott knelt d"wn when Mr. Young spoke to him ; Mr. Young spoke to him f r a while, and after Mr. Young took him by the neck and was helping him, and bid him "Good-bye," — so it appear^ d to me; from that spot he was taken to another p'ace ; I am not cert' in if Lepine took him or not ; when he had reached tliere, he knelt down ; then heard the noise of the cli king of the guns, as if cocking, ad immediately afterwards heard the discharge of the gun> and the cries of Scott; I looked to the spot and found that Scott hal fallen down, and was turned on one side ; as I was looking on a man came with a pistol ; does not recollect if the man that had the pistol tir. d it or not ; saw no smoke and heard no report ; wa« very much excited at the time ; immi'diately afterwards a box was brought there ; do not know who was carryitig it ; Riel cried out that every body had to go into the Fort ; the doors had to be closed, and witness went away. (Tn reply to His Lord.-hip.) Scott fell on his left side ; I had seen the guns in the hands of five or six, previous to the cocking of th" guns ; they were standing together when they fiied ; knew four or five : Auguste Parisien, Fran- (;o=s Thibault, Marcel Comtois, Pierre Champagne, and another named Gv.il- mctte; this is all I know;! did not see them fire ; these mn whose guns I heard " click " might have been about twenty or thirty yards from Scott, but I could not tell ; when Scott left the cell, could n t say which direction ho went ; wliea he knelt down it was along the wall. To Mr. Cornish — Along the wsll towards the ttwn ; I knew Sott before; when firbt saw Scott,at the gate ; cannot remember the position of handkerchief ; his face was uncovered ; saw the pistol pointed at Scott; think it was towards his head ; saw Riel ; do not remember seeing O'Donohue ; do not know w!iat became of Scott's b dy ; never had any conversation with Lepine or Riel about the bod heard it from another person, tl at the body wa- thrown into the river; has heard it say by a great many oth-rr prFons, but cannot remember who Cross-examined by Mr. Royal. — "-^aw employees of th ' Hud.-^on's B;iy Company going round about the Fort frequently during its occupation; do not know if the occnpation of the Foit prevei;ted the Company from getting goods from the Fort ; to the best of my knowledge, it was nine or ten o'ch'ck when I came up to thi; Fort ; the fist person at that time that I saw was Mr. Bunnatyne ; re- mained in Bannatyne's q'lite a wliile, from there went straiglit up to the Fort ; went up on foot and alone ; t-aw some people going in the direction of the Fort; when I came to th ■ Fort knew wliat was to be done ; Mr. Baiinatyne had told me ; when 1 reach' d i he small gate of the Fort tiiere was a large crowd assembled ; recollect n< tii itig two or three persons that I knew — 0. llich< t, Andre Nanlt, and Daniel McDongall — of the latter I am not sure, tliii.k I saw him ; they wire mixed up with the crowd, going to and fro ; was standing at the right side of the door as you go in, leanit g on the outside of the wall close to the gate, with hands behind my bark ; when Lepine took hold of Scott's arm, Scott was standing at the door, within t\v(; (> et of witu'ss ; I may be mistaken ; to the best of my kr)owhdge, Lepine to(,k hold of Seott with his right hand and imlled down the clo'h witli his left; Scott wa^ in a line where witness was standing, and Lepine a little in front; saw Lepine hading away Scott ; did not see Mr. Young ut. til tliey came to the firft place where Scott knelt; when he saw Mr. Youig, he was apprnaching Seott, and Scott was standing ; the parlies who can ii;d gtiriH were about thirty feet fiom nie ; wh< n J (iist tiotieed them, they Wire out^ide thi; wall and I was fieaily facing tlniii (I he exact position of the witness and the tiring jiaily was li Donohue had been President ; was not present at Ihe taking of the Fort; went to Lepine's room about fifteen or twenty days i)ri;vious to the 4tli March, and asked Lepine when he intended to liberate the prisoners; he answered, " We will releaso the prisoners l)efore long, \<\it wo will put a couple to death before releasing them ; " this was all that occurre first floor on tii'" riglit hand hide as you went in the hall ; it is possible to do this ilihtance i^ two njinul< h ; t ok more be ause tarried in the budding, vis.tin^ the ilitTerei.t oific r^ ; when 1 returned to the hhop, b .ird tlio volhy, and then walked quickly ; Ihort; are twenty pacjs to ihe spot were heard the volley t> 02 « the snoftU gate, and stopped ten paces outside the small gate ; there was a crowd outside the door, so walked ten paces to clear tin; crowd and have a better sight of what was goinj; on; do not know if iiulined to the right or left or walk straight forward through the crowd; stood near the road; there were alreatiy some near Scott ; the crowd was very near ; do not know if there was any noise among the crowd ; liid not pay any attention ; did not recognize any of those that were near the body except one, Guihnctte ; noticed (iuilmette more than any one else, because he had a revolver in his hand, and because saw him fire it ; knov/ the Rev. Mr. Young ; did not see him at tliat spot tlien ; witness saw Guilmette sideways ; do not recolltct seeing the prisoner Lepine outside the Fort ; attention was drawn to the person being shot ; when I saw Delorme and Scott and the two persons going out of the gate, Lepine was not there ; did not see Kev. Mr. Young at this time ; was the first President of the Provisional Government. His Lordship here stated that it became a matter of Importance to ascertain the basis of thi.s Provisional Government. In reply to His Lordship, the witness stated that lliel acted as Secretary at the first meeting; do not know by whose authority ; Dr. Schultii's house was taken by the prisoner ; gave no authority, as President, lor this to be done. Cross-exai^nation continued. — Used to attend occasionally the sittings of the Provisional Government after the month of November ; in the month of >iovember, I was President ; afterwards held office as Commissioner of Public Works; Kiel was then President; it was during the months of November and December after the taking of Schultz's house — I resigned not long after ; resignation was made in writing ; at the meeting, was asked to sit at the head of the table, and in taking his seat, tendered resignation ; it was written down by the Committee and was accepted by tliem : the maji rity of the members of the Committee were appointed by Kiel ; they were composed of French half-breeds only ; O'Donohue used to attend now and then ; witness saw Lepine there, but cannot say if he was a member of the Committee ; he was invited to take a seat when he used to come in sometimes. In reply to His Lordship's query that the President ought to know if Lepine was one of tlie Committee, the witness stated that he was President in name only, but had not the jiowers of one ; a great many things took place that he was not aware of. His Lordship. — Who had the power and authority ? Witness. — Mr. Kiel had. His Lordship. — Do you think that that thing you have described should be called a Piovisional Government? Witness. — I do not. To Mr. Cornish. — I resigned the Presidency of the Government ; was only styled President as stated before ; resigned because a great many things were done without my knowledge ; the taking of the Fort was against my will ; being at home when it was taken, also the taking of Dr. Schultz's house; was not a consenting party to the takmg of the Government stores ; was net present at the taking of Schultz's house ; saw two cannon pointing at Dr. Schultz's house ; think they were taken cut of the Foit ; they were outside the Fort ; saw no person placing or in charge of the cannon ; knew that it was going on ; knows of no reason why the Provisional Government should have captured Dr. Schultz's house ; have in poseesbion, from McDougall, a letter dated 13th December; this was alter the taking of Dr. Schultz's house ; I think at this time McDougall was in Pembina ; I also withdrew from my office as President, as I thought that they were going too far and doing things that I did not approve of; have already stated the things ; my name was attaclied to things that I did not approve ; first opposition was to the document that was sent to McDougall to tell him to stop at Pembina ; saw the document long after, and my name attached to it without 63 consent ; his name was attached to the proclamation of the 8th December without witness' knowledge. To His Lordship. — Do not know who prepared these documents ; was not present when the Bill of Rights was drawa up ; have seen the document, but have no recollection of its contents ; do not know what the object or intention of it was ; (the French copy was then shown to the witness) ; cannot say who prepared the documents for the Provisional Government; have seen Stutzman in the town ; Stutzman was doing nothing ; do not know whether he framed the documents or not, but saw him in company with Riel ; the New Nation was the paper of the Government ; never said that anyone had cut Scott's 'throat with a knife ; saiil he had finished him ; was stating facts ; had it from Goulet, the person who was drowned; had written a letter to that effect; Goulet said that the body was first put into the coffin and taken into the bastion, and about twelve o'clock it was found out that Scott was not dead ; there were three ia the bastion when this was found out, and one of them shot him in the head with a pistol; Goultt did not name the persons; witness asked Goulet, but Goulet would not say ; Goulet was the only one who informed me of this ; never spoke to any other person about the ii;atter ; have written a letter giving these facts substantially the same ; Goulet did not, to my recollection, tell witness that Scott liad said, " For God's sake kill me, or let me out of this" ; have copies of letters in Frfuch that I have written. His Lordship here informed the witness that he would have to go home and fetch tlie copies of all such letters, and that he should consider it contempt of Court if he did not produce them. (The letters referred to were copies of letters written by witness to newspapers.) Francis ' 'harette was then called, but not being about, His Lordship informed the Court that they would take recess a little earlier than usual. John Bruce recalled. His Lordsliip. — Did you find the letters ? \Vitnee8. — Nothing is complete ; my papers have been knocked about ; I have not the fourth letter complete. His Lordship here read the fourth letter written by witness relating to Scott's being placed in the bastion, and to the words being heard, " For God's sake take me out of here or kill me," and a person finishing Scott with a pistol accortiing to some, and with a knife according to others. Mr. Chapleau here said thnt he thought that this evidence of what the witness had writteu or had not written, was irregular. His Lord>hip. — But we must have it for the Jury to judge of the witness' credibility. Mr. Chapleau. — I tiiink they can already judge of that. His Lordi-hip (to witness) — Have you those words in the French? Witness. — I have not ; there arc some words ia the l^uglisli version that I have never written in French ; it was translated by a Canadian into Knglish, and I was afterwards told that a great many e.xpressions were put into the English version that did not appear in the P'rench one ; the expression, " My God, my God, take me out of this, or kill me," or " son of a bitch," I never heard in the letter in French that I wrote, but Goulet told me of the expression as alreafly out a pistol ; know that Guilmette spoke, but paid no attention to what he said ; saw th ) body put in the box ; cannot say whu jjut it in ; the box was made of plain rough boards ; did not see the box carried there ; heard somebody hamnr^ring, but do not know if it was n^iiled down ; the box was closed up with a board ; they thuu took the box inside the gate; do not know who put the body iu the box, or who carried it into the Fort; did not hear any orders given fur this to be done ; was standing about thirty feet from the body ; they took the body up and put it in the box, lik : lifting up a person in a sleep ; when the box was carried iuto the Fort, w nt into the Fort b ■hind the box i they that were carrying the box took to th'j left, aud witness took tu the light ; the lefc would be towards the bastion ; know there was a h )le dug near the Hudson Bay Company's store ; it was said to be dug to put the body iu : did not see the box put iu the hole. To His Lordship. — Went to the Fort ; was asked to stay, and diil slay ; nobody, sent word for me to come to the Fort ; went there, aud friends of mine th retold' me to stay ; somotimeH mounted guard ; remain d iu the Fort fitieeii diiyii ; Uidi leave from Michel Dumas, my Captain, to leave the Fort, an I i went. To .Mr. CorfiJHh. — Saw Lcpine stjiuetimes but not often ; never paid nny nUuii. tion to L'pine being called A latter part of F>:bruary, theie were general elections in the EuKlihh purirtliirt ; there was a burst of the Delegates elected on the ,,;5th of January, abouth the 17th of 70 Fttruaiy, by wliat is known as the Kildonan movement ; I now produce the return of the elections; I was re-elected ; there were twelve chosen for the English ; donct know if there was a re-election for the French ; knew they had twelve ; the elections were promised by Donald A Smith, Arcl) bishop Tach6 ar.d Bithop Wachray to save Bolton's life ; these elections were made with the consent of the Assimbly. (His Lordship here asked the witness how the Assembly could give the consent afttr the Kildonan affair, as he had already statt d that thestTair had burst it up.) To Mr. CI apleau. — There was a popular feeling that a new election should take place, bcccuse it was considered as the best plan to get out of serious dififi- culties ; Govtrnor McTavlsh t^id not oppose the mcetirg f f the Assembly ; knew that he was very ill at that time ; it was publicly known that Donald A. Smith was a Commissicncr of the Canadian Goverr.ment ; Dora.'d A. Smith was then also one of the officers cf the Hudson's Bay Company ; I think he was living at the house (f Govtrnor McTavish, and was in communication with him; the Ccnvcntiors were public proceedings and rctions all through ; there was never any protetts made by the Council of Assiniboia to the sittings of the Legislative Assembly. Cross-examined by Mr. Cornish. — Think that the object of the elections was to save Bolton's life ; assembled after this election on the 9th of March ; think the English twelve assembled ; conld not tell who was from the Portage ; resolu- tions were passed en 9th of March ; wntten resolutions ; Archbishop Tach6 was before the Council on that dfiy ; one refolution was an expression of loyalty to the Queen; cant tell hew long the sessien continued ; was for some days ; can't tell of any other n solution ; the expn ssion of loyalty was " partcf a resolution ; " don't recolleet the remainder ; this session might have met to meet Archbishop Tache ; did not knew he 1 ad arrived (it all ; there was a notice sent to me ; the session took no aetion in the matter of Scott's being shot; the powers of President were never defined ; Kiel was President ; never resigned as President of State ; never got my pay yet. Archdeacon John Me Lean sworn. — Was in this country in 1869 and 1870 ; was present as last witness stated ; as-sitted D. A. Smith in promoting the elections which took place rs stated; I went with D. A. Smith, soon after Bolton was condemned- to death, down the Red River, to induce the people to elect repre- sentatives ; witness here proceeded to give his own experience ; one day I received a note frem Captain Bolton asking me to come and see him, as he was condemned to be shot ar.d exeeutcd that evening at twelve o'clock ; that eve- ning I went down and was taken to Captain Bolton's room, which was in the 1 uilding afterwards known as the j rison ; I found Captain Bolton handcufifed and ironed on the Icgf, reclining on a buffalo robe, in the room ; he then told me he had been condemned to die; I asked him if he believed it would be carried out ; he sad he did ; I then immediately went and saw Mr. Ritl ; he told me the man must die -. he was very much displeased ; I spoke to Mr. Riel on the subject as well as I could, and went back to Captain Bolton and said I was afraid that it was only too true; I then ent'red into religious conversation with him; I saw Mr. Riel again, and asked his permission to get the material to administer the Holy Communion ; this was done ; Captain Bolton gave me an account of the transaetions, f-nd his la^t message to his family; he wrote on a bit of envelope that he had, what his position with the Portape movement was; as the time drew near I was veiy deeply distressed, more in fact than he was, as he had shown groat Christian fortitude ; I went to Mr. Riel and implored him to spare the .young man's life, and to postpone the executien till the next day at noen ; I went home and Mr. Riel piomised he should be stfe until I came hack ; I came back about seven ; by this time many leading people lied knowledge of the facts, and came and implored Mr. Riel not to execute Captain Bolton; I think, if I remember right, it was rgain postponed ; I then thought that in all probability he would escape ; it was at this time that Mr. D. A. Smith took a 71 -very active part in endeavoring to save Captain B ilton ; during the time I was in the room with Captain liolton, Kiel came in, and burst into tears, and stated in excited tones that he could not help this matter — he was sorry ; afterwards he came to the door and ki orked at it, and asked me to come out, and said lliat the Captain's lite would be spared ; that night I was in Fort Garry until midnight ; afterwards I was told that the reason was that Mr. Riel was sending some men down the river, and he did not want nvi to get out until the men were otf ; this enabled me to hear a convc rsation between Mr. Donald A. Smith and Mr. Riel ; Mr. Piiel strongly urged Mr. Smith to remember what he ha 1 done in saving Captain Bolton's life, an:l to try and get the English delegates to come up, for "he could not answer for the lives of the other prisoners unless they came ; this made a great impression on my mind ; I had been under serious alarm that blood might be rfied, after I had heard the Cana'iian prisoners express themselves very much ; I should have done it had I been in their places, and I tried all I could to keep them quiet ; I was afraid of conflict betweai them and the guard ; taking all these things into consideration, when Mr. Donald A. Smith called and f.sked me to accompany him, I thought it was my duty to do so, and I did so ; we went down the Red River and were very well received, and we stated to the people that any delegates that might be sent was on account of present distress ; we told the people that by and by the Cana- dian Government would come in and stt everything right ; one thing I wish to say in justice to Mr. Donald A. Smith, he repeated what I said aboot the Canadian Government coming in, and made it stronger than what I did ; we came back to Foi t Garry and went into the rooms of the prisoners ; I addressed them and spoke to them of the danger of us all, acd they unanimously voted that I should go with Donald A. Smith ; all held up their hands ; we went up the Assiniboine and found that the paris-hes hrd elected their Delegates Ijefore wc went ; at the first address I made to the prisoners, there were two or three who did net held up their hands, and I told them that if they did aot so, I would have nothing to do with it ; then they all did 60 ; I told the prisoners that I thought they were in danger of their lives, and it was very probable that it might have influenced them ; 1 must say this in justice to the prisoners. To Mr. Royal — Had very oft'^n visited the Foit ; had to make a request to Riel personally to see the prisoners; used to see Governor .McTavish — he was sick, and attended him ; one of the nights I was with Captain Bolton, Mr. Riel asked me if I would take something to f&t: had been from home all day and was much fatigued ; was brought in'o a room in the Fort and had some supper there; there were two persons there, but do notrecolUct th( m ; Mr. Riel was there and treated me with civility all the time I was in the Fort; lam not very sure of seeing the prisoner ; Mr. Riel appeared to control everything ; he cer- tainly controlled me at all events ; he never allowed me to go in to the prisoners without an int'rpretfr; he told mo I was only to pray, and I was not to read any part of ih6 Scriptures, eir I should be sure to talk politics to them ; I went to Governor McTavish's without getting permisi-ion of the guard ; am not sure if there was any guard stopped me from seeing Governor MeTavish or not ; tliink there was a guard, but do not think it gave me any trouble ; for the greater pait of the time, I wa.s almost refused permission to sec the prisoncrp, but after f'aptain Bolton's fiiso there was liardly any difficulty at all. Hon. A. G. B. Bannatyne sworn. — Was in the l'ro\ince during the latter part of 1869-70; wmb a member ' own letter to show that he did not consider it in danger; believe that it was fterwards taken by the Provisional Government ; Colonel Dennis issued a proclamation on the 4th of November ; Snow and McArthur met the French party to ask them to leave the house of Dr. Schulta, which was surrounded by armed men led by Riel ; on the Ut of December, Colonel Dennis brought into the settlement a proclamation purporting to be from Governor McDougall ; that proclamation was doubted ; then there were proclamations issued by Colonel Dennis to kill and burn down houses, and slaughter, and conserve the peace ; there was another proclamation about that time by Riel ; proclamations at that time were very numerous ; the Bill of Rights was assented to. (The witness here stated that he had the authority of Colonel Dennis in writing to say that his proclamation \yas not legal.) The day on which it was issued, the prisoners were taken at Dr. Schultz's house ; the Schultz party did not apply to the Governor in Council for assistance ; we considered ourselves wiped out of existence after the proclamation was issued ; the Governor in Council did nothing afterwards until late in the summer; up to the arrival of the troop8,the only Government was the Provisional Govern- ment; on the 19th of January, there was a mass meeting; on the 25th there was a Convention ; think there were twelve from each side appointed ; they were requested to meet to make known to the Commissioners the wants of the people ; met again on the 26th of January; it was at the meeting of the 19th of January that R;el, Richot and others spoke ; the mass of the people at that meeting was favorable ; for some days the delegates met ; they requested Mr. Smith to be with them ; said it would be better to frame their Bill of Rights themselves, and then they could send the deputation to Ottawa ; Mr. Smith also handed in his papers and commission from the Canadian Government ; Judge Black was elected Secretary, and Riel was elected President about the latter part of February; protests were made against my own election ; the present Bishop of Saskatchewan was chairman of the meeting ; was btyled a member to serve in the Council Board in the Provisional Government; the Council sat and passed laws and made public works without protest ; the Council met in February and adjourned till March after Bishop Tache's arrival ; public Bills were passed by the Assembly. WlDNESDAT, Oct. 21. A.G.B.Bannatyne — cross-examination by Mr. Cornish. — I suppose the persons I spoke of were British subjects ; it was understood that Colonel Dennis was a surveyor and head of the surveying party said to have been sent by the Dominion Government ; this afterwards became an armed movement; at lirst it was quiet ; it. 73 became an armed movement when they enlisted men at the Stone Fort ; this was you may say a counter-movement to another aimed movement ; would not be positive which movement was organized first ; in the fall of that year there was considerable talk among the French to get up a movement to keep ilcDougall out; about this time. Colonel Decnis commenced going around among the English settler.*, to see whether they would unite with him and bring in Governor McDougall, should the French party oppose liim by force ; at this time I do not remember any assemblage of persons at Stinking River ; at this time there was no barricade on the road between Pembina and Winnipeg ; there was a difficulty about the surveys, and immediately after this, Colonel Dennis com- menced getting up his force ; I have nothing by me to refresh my memory as to dates except the olhcial documents : Lusted, I think, was a resident of the country ; Schultz also; Franklin was an old settler ; Jlulligan was an oldsettler; Franklin was taken prisoner at Schultz's ; Drever joined the counter-movement and was also au old settler ; the others also joined the counter-movement ; cannot tell who were the strargers ; recollect Dr. Lynch, Mr. Farmer, Dr. O'Donnell, Bubar, Chisholm, and could recollect others if I had time ; they were strangers in the sense that thiy had not been in the country for very long; tbe moviment was, I believe, to prevent McDougall coming in, not to prevent the surveys; was not a member of the Convention when Riel was elected ; was appointed a member of the Provi.-ional Government ; we had no law ; the only law was swept away l.y JlcDougall ; this Government was got up to save anarchy and strife while arrangements could be made with England or Canada; Judge Black sat as a Delegate on that Convention, and he was Judge of the land at that lime; I went to Scotland in June to bring my family back, and returned early in the fall ; am a native of the North of Scotland ; at the time of the publication of tlie Xew Nation, and the first issue was coming out, it was altogether American ; I heard from Riel that he would never work for annexation to the States ; I saw Mr. Coldwell, who was connected with the paper, and told him that Mr. Riel had told me that the next issue would be stronger than the previous one, but that it would be the last ; Mr. Coldwell said if he could do that he was an abler man than he believed him ; immediately after the editor was put out of place, and another editor put in, and the tone of the paper was changed ; Riel said he was willing to take assistance from all quarters, but as soon as he was strong enough he would repudiate the American element; Mr. Robinson vas the responsible editor, and said he was both proprietor and editor ; Mr. Coldwell was hired by the day's wages ; know that Stutzmau came down from Ptinbiija about this time, and shortly after was sent away by Riel on short notice ; was frequently at the Fort when Riel was there ; was not there on the 4th March ; had heard of what was to take place, but did not go down ; during my visits to the Fort Lave seen l.epine ; Lepine seemed to be one of tbe party, and was appointed by the Convention of the 25th January, by both English and French, as Adjutant-General, and acted as such in the Fort ; am not aware of what became of Sf ott's body ; never had any conversation with Riel on tho guhjtct of the disposal of Scott's body. To His Lordship — I did all 1 could to prevent the execution taking place j the Fort was closed on the niglit of 3rd of March . Charles Nolin sworn. — Reside at Pointe trfectly well wlien Thomas Bcott was said to have been sliot ; unhappily I did not know him under favorable circumHtances ; first became acquainted with Scott in the month of August, 1869; Scott was working on the Duwfou Road ; he was a iaborc^r on the road ; one day the hibon is were at work, Scott was at w(»rk in llie hush; lie appeared not to like the ea'ablrs that were given him ; he oliji.-cted to thf food fiiriiislH'd j witntHH was certJiin it was good, as witness furnished it himscdf; Scott and fifteen men revolted agoiiist the Su[)erinten lent of the (ioverument works, Mr. Snow, and Scott was the leader of the fifteen men; to the best of wituoB"' "knowlcdgedj they etrnck woik for three days ; know that I uped good provision, beef, and Fometimrs tea and sngtir ; might have happened lliat proviBions were badly cookid ; what I nitau by revolted is they struck work ; the men came over to the oihce, seventeen miles from where they struck work, with a tlag, and -wanted to be paid for the lime they had worked, anl the time they had struck work ; Mr. Snow was willing to i)ay them for the time they had worked, but not for the time they had struck woik ; Scott and the men wanted to get the pay by force ; knew Scott ; the other fifteen wtre all strangers in the country ; Snow was also a stranger. His Lordship stated that he would stop this evidence, as it appeared to be merely a little dithcully amongst strangers. Witness continued. — Saw Scott at the time of the troubles, and I arretted him and made him a prisoner in the Ferry-boat; I did this on the authority of the Hudson Bay Company ; this was the latter end of August. (This was ruled out by the Judge.) Witness was at the Fort when Ritl was elected President; was representative from Pointe de Chene ; had been elected by the electors of Pointe de Chene ; there were forty-eight members, twenty-four French and twenty-four Engli.sh ; was present all the time ; there was only one member who would not vote, thai was Mr. Boyd ; everycne dse voted for Riel ; believe Mr. Boyd's constitueLts had told him rot to vote for Eiel ; do not think Boyd was persondlly opposed to Riel ; was not at the Fort on the 4th of March when Scott was shot, but came there towards the evening. Crofs-exnmiued by Mr. Corni^h. — Personally Mr. Boyd did not object to Mr. Riel being elected ; there was a good deal of di-cussion over the matter, as to whether the Hudson's Bi'y Company still existed, before they elected Riel as President ; four were sent to ascertain this — Lepiue, John Frazer, John Sutherland and Xavicr Page — and report ; after they had come back and re} orted, I think Judge Black withdrew ; after Riel was elected, he vacated his seat as Presdtnt, but remained in the Convention ; the vote was not taken before receiving a report from the forr messengers ; after Riel's election there w^s some speaking, and Mr. Frazer rose and said, " This is no more a Convention, as we have elected a President ;■' then Judge Black rose and vacated his seat as Chairman, and Riel took it as President ; think that the country was well represented at the time of Riel's election ; crnnot say the numbfr of people that wei e present ; am pretty well Fatitfied that the great mfljority of the English Delegates were present; cannot gay if Taylor, of Htadingly, was there, but thitk he was ; the votes were taken by a Secretary, and every one used to rise and give his vote ; the Secretary wrote the proceedings of the Convention ; know Taylor, of Headingly ; if Taylor did not vote for Riel, he did not object to him, as I think ; the Chairman took the motion for the election of Riel as President ; each member rose and voted " Yay " or " Nay," and as he did eo bis name and vote was recorded on ordinaiy foolscap paper ; Mr. Taylor came after- wards and did not object to Riel ; canrot say if Taylor voted or not ; the Bill of Rights was urder consideration at the time ; on the rond to the Fort, heard of Scott's execution ; was in the Fort about a fortnight previous. Xavi' r Ppge sworn. — Rrmember the election of Riel as President; it was about the beginning of February; was a member of the Convention for the paiif-h of St. Francis East : think every one voted for Riel, with the exception of Mr. Boyd, who did not ; do not think Mr. Taylor was present when the vote ■was taken ; some of the Englith members were afraiei of doing something that was not right, so they proposed to send to Governor McTavish ; Mr. John Sutherland proposed to send the deputation, and asked to go himself ; the four were: tho prisoner and witness, John Sutherland and John Frazer; went and saw Governor McTavish ; there were no soldiers on guard at the door ; Governor McTavish offered the party seats ; Mr. Sutherla- d said they would not be long, only came to get some information from Governor McTavish ; 75 Governor McTavish enquired what it was, and Mr. Sutherland agked him if the Govern meiit of Assiniboia was in existence or not; Governor McTavish Faid, " No ! " Then Sutherland said, " Would it not be advisable to establit^h a Pro- visional Government?" The Governor said, " Not only it is necessary, but for Gcd's sake establish one ; we shall have no peace in the country until one is establifhed ;" Sutherland or Frazer asked Governor McTavish, " And your power as Governor? '' he said, "Leave me alone, I am a dead man; you work for the people ;" nothing else was said, but bade the Governor good evening, and he saluted us in return, and we left; witness and the other three returned to the Convention-room; the two English representatives, B^raz- r and Sutherland, explained to the Assembly the result of their mission ; there was no excitement about the report in the Convention, and we thereupon decided to elect a President, a Provisional Government being spoken of, but I cannot say any subsequent resolution was passed to that effect, and Kiel was then elected • as President of the Provisional Government ; I understood by what was then done that a Provisional Government was then established with Riel at its he'ad. To Mr. Cornish. — When we went to Mr. McTavish's, Mr. Sutherland speke in Entilish ; witness understood English sufficiently to know the words ; was not at the Fort on the 4th March ; was not present at the shooting of Scott at all ; knew there were prisoners in the Fort on the 10th February ; at the time of the establishment of the Provisional Government, the English asked them to release the prisoners ; we said, " We are now strong and united, and these people could do us no ! arm," so advised to let them go ; this wa-; after Kiel's election that it was spoken of ; it was spoken of before also ; they had kept the prisoners, as they were afraid they might raise treuble if refu^ed ; it had never been spoken of publicly before this, only privately ; I mean privately among the members of the Convention ; it was not stated privately among the Convention that if they agreed on the election of a President, that then the prisoners might be released ; do not recollect having heaid this mention ; it was only talked among ourselves; some Fail if they were released there would be some distuibance, and they generally all agreed. Narcisse Marion sworn. — Rendes at St. Boniface ; knows the prisoner Lcpine well ; saw Seott when he wa« t-hot ; was present wh'-n some guns were tired on the 4th March ; was about a hundred yards from the place the firing party were; i was with another man named Andrew Anderson ; I was coming from the town when I passed n^ar the Foit ; was told it was Scott when he was shot ; cannot say who compoFcd the tirirg parly; was too far to notice the men ; did not notice who gave the signal to fire ; saw a man carrying a sort ( f a wliite flag ; don't know who it was ; am ture it was n( t the prisoner ; it was a man of middle size ; on that day did not see the prisoner Lepine ; th uk I should have noticed him if he liad been there; I then return other delegates were appointed by the Pre- sident of the rrovisioual Government ; witncsi here produced an appointment, dated February 12th, 1870, "By uomiuatiou of the Tresident of the North-West Territories, as a Del gate to the Government of the Dominion of Canada, jointly with Mr. Black and Mr. Scott ; " witness also produced the French copy of the Bill of Kights; 1 do not know if they were printed as part of the proceedings of the House; the Manitoba Act comiuistd the substance of the Bill of Rights ; the Bill of Rights was then read to the Court, and the witness stated that the English version was delivered to the authorities at Ottawa by the Delegates ; I now look at a copy of a letter written by me to His Excellency Lord Lisgar, dated 2.ith April, 1870, at Ottawa, and also at llii Lordship's reply ; I wrote the letter and received the reply ; the reply is dated 22ad April, 1870 ; the Manitoba Act was mostly framed according to the Bill of Kights ; I asked for the whole of the articles of the Bill of Rights, in my capacity as Deleg-ite ; witness produced a copy of a letter which he addressed to Sir Geo. E. Cartier, dated 18th May, 1870; thege documents were fyled ; the negotiations commenced from 26th April and were continued until the last part of May ; they were not put an end to and have continued since, and are still in continuation, as the promise, or demands, have not nil been granted. Mr. Chapleau. — Have you in your possession any official communications from the Canadian Governmtiit or any member of it, as to tha course the Provisional Gjvernment should pursue in the interval of the military forces entering into th3 North- West Territory ? Witness — Have no written official documents to that effect ; all that I received •was only verbally from Sir Geo. E. Cartier and Sir John Young, now Lord Lisgar; I made a written report of my mission to Ottawa to the Provisional Government on the 24th June; on my return from Ottawa I found the whole population qui jt, and there was no disturbance; the same provisional manner of conducting business was as when I left for Ottawa, and it coutinued in this ■way until the arrival of Colonel Wolseley, which was some time in August. (Letter from Thomas Bunn to witness read, requesting him to make a report of his mission to the Provisional Government.) The reason the three delegates were chosen was to represent the whole community, Mr. Black as a Scotchman,. Mr. Scott as an English, atd Father Richot for the French ; witness knows,, since his return, that Lepine and Riel and some others, have been in actual correspondence with the Canadian authorities here in this country, viz., the- Lieutenant-Governor of this Province. Mr. Chapleau proposed to produce these letters. His Lordship refused to prove them. WitneEs. — Was well acquainted with the members of the Council of Assiniboia, and also the late Governor McTavish ; had an interview with him ; asked him if the Government of Assiniboia existeJ ; the Governor looked somewhat embarrassed, and said he preferred not to give an answer ; this was all that was said on this subjecl ; witness said to the Govcruor, " If you give me no reply, I can make no report ; " witness remained about an hour there ; the Governor kept himself on his guard, but was torced to admit th it the affairs of the country were in a strange state; tiie Governor was well this day ; had been ill previously, this interview took place between the 27th and 30th of Octiber; had another conversation about the beginning of December with the Governor about the subject of the proclamation of Governor McDougall, which Governor McTavish complained of from the beginning, and declared himself completely powerless 79 to remedy the evils of the country ; I had a knowledge of the whole commotion of the colony and also of the begiuning of the commotion ; this was because of the great dissatisfaction of the population here on account of the conduct of the first employees of the Canadian Government; their orders appeared not to be Bpecitic enough to appease the people as to their intentions ; I think that nobody in the country knew what these surveyors had come here for ; nothing was explained to me. To His Lordship. — Never asked Governor McTavish about the surveyors and their power ; know as a fact that some of the surveyors were working on the property of some of the settlers here, and were brought before the authorities here, and the authorities decided that the surveyors had no right to do this ; I understand this was tried before Dr. Cowan and soaie members of thd Assiniboia Council; have always known the prisoner as a maa of a very peaceful temper,, and although of great physical strength, he has never abused anybody. Cross-examine 1 by Mr. Cornish. — Was not at the Fort frequently before the month of March, only some times ; heard of the shooting of Scott on the 20th of March ; about the beginning of March, heard of the rumour in St. Norbcrt, from a neighbour ; went to the Fort when it was a question of Captain Bolton's affair ; do not know what time it was ; do not think I was at the Fori since then and Scott's affair ; Mr. Riel visited witness seldom , in October, there were many meetings in St. Norbert, and in the beginning of November the people had a meetin^' ; witness addressed the paople at certain meetings ; the object of those meetings at St. Norbert was concerning the arrival of Governor McDougall, and the people accompanying him, as I understood ; was not at the first meeting ; addressed the people on occasions ; Riel was present at the general meeting, and was not at some of the otb-r meetiogs ; I told the meeting what duty and prudence advised me to say of the danger they incurred, but did not lay down any law or rule to them ; do not consider myself obliged to answer the question as to whether I had advised the people to let the Camdian party come in peace- fully ; did not give .--uch advice ; there was a party assembled from the 20th to the 22Hd of October on the road ; do not bt-lieve they were armed ; do not know if those that took the Fort were armed ; after the 20th of October, many had guns ; do not know if there were any men at Scratching River guarding the road ; during the autumn of the year the guards were distributed through different parts of the country ; there was an armed guard at Stinking River, and saw a fence put across the road ; I should say there were about hundred men there, some few having guns in their hands; some persons were stop)) d, two turnelback, and some permitted to go on; some carts were stopped ; I am not aware that any carts containing goods said to belong to the Canadian Govern- ment, were htopi>ed ; there were some goods going to Winnipeg in cart> ; tliey were stopped and taken on my property ; there were about twenty carts stopped ; have no knowledge of any of Schultz's goods b.-ing taken on tlu road ; know nothing of it personally ; part of the party left beginning of November, and the others in the latter part of it ; they came to Fort Garry, and I suppose they got into the Fort ; did not follow them. Paul Froulx sworn. — Know the pri-soner at the bar ; was in the Fort on the 4lh of March ; saw a man (which was said to bo Scott) going out of tiie house where it was stated tip; prisoners were kept ; saw liiui going t iwards tlic gate ami out of th'! gat'j ; had soinrthing wiiite round his head ; was acconijinnied by two or three men, one ol whom was R;v. Mr. Voung ; quite [)ositivo tliat the prisoner was not one of the men who accompanied Scott ; saw the firing party firing; know two of tiiem, Guilmette and I'arisien ; ai that lime was not excited and looked on quietly, and am sure Lepine was not new IIk; ]).irl> firing ; know the prisoner for fourteen years ; hiu reputation was that of a good and rjuiet man. CroBS-exarniced by Mr. Coini ih. — U'aj standing at the <1 ujr ol Dr. Cowan'p house facing the smill gate of the Fort, when 1 saw th'* m tn they called S ott ; 80 pass by mo as he was going to the gate ; wlieii Scott had passed, I followed ; saw Scott stop on the road, about the length of the Court-room ; was moved from this place to another; cannot tay wlio moved him ; when Scott was moved, the firing party stood near the L-ate in a line with me ; after Scott was moveil, did not see the firing party change their position ; did not see any person with a white handkerchief in his hand ; did not hear any word of comman 1 given to fire ; did not s 'C ary signal given to fire ; after the firing, Scott fell on one side and leaned on his right shoulder ; did not observe if Scott had his hands tied behind him ; did not sec any one firirg with a pistol after the volley ; after Scott fell, did not move up to the body ; was standing about the length of the (Jourt- ro im from Scott ; do not know what was done with the body ; I saw a box out- side of the Fort, near the wall of the Fort ; did not see it moved from there ; it was a large box made of rough boards ; I sometimes was a soldier in the Fort, and sometimes not; I mean sometimes acted as guard ; when I wanted to mount guard, I did ; had no Captain ; was not an officer ; was in the Fort altogether more than two months ;did not see Lcpine at all that day ; saw Riel in the evening ; did not hear any one say, " All thiit are liere go into the Fort ;" saw O'Donohue that day, in the morning, inside the Fort ; know Andre Nault ; saw Andre Nault inside the Fort, about five o'clock in the morning ; he came to my room ; know Francis Charette and also Baptiste Charette ; did not see any persons that day inside the Fort that I now mention, except Rev. Mr. Young and Guilmette ; do not recollect seeing Goubt. .Hon. John Sutherland sworn. — Was one of the Delegates of the Convention of the 19th of January, 1870 ; was one of a d.n to the south gate; saw ocly the guard that was stationed there ; remained there about four or five minutes ; heard no firing when I was at the gate, or on that day ; I thought that everything was over, and advanced towards the east gate ; went out of the g te and saw a box ; about twenty-five or thirty yards distfince ; tLInk I saw one man standing near the box and another one nailing it; did not go to the box then, but turned back ; saw a good many people around ; no one tould have passed through the gate without my observing it ; I turned lack and walked a few steps; I then stopped and spoke to Elzear Goulet; Klz6ar Goulet said, "Shall we not find a man to take in that collin ? " witness said, " I can take it in thrungh charity," and ran to the box and took hold of it ; do not know if anytliing was in Ihe box ; ran to tlie box and said, " Let us tJike it in ; " to ihe best of my knowledge, tliink it was Gui.mette who assisted mo to carry it in ; did not notice if any one followed us; did not see Lcpino and Uiol up to this time since I b ft them in the njoin ; did not calculate the time it took me to come down from liie room ; wmt to the larg*; gat<:, and htuyeil tliero four or five minutes, and then ciiiie to tlie small gate; when ilnpe passed mi! as I waa guiiruing the bu.T, I was about twenty-live pacts from tjjo box; llupe stopped at«the box ; saw Ilupu e<^ming near the boT, and put one knee on the ground and knetl against the box; llnpi; was at tiio iiox long enough to listen wMl, and then turned back and passed nu; into the conrt-yurd, and 1 lost kigbt of him ; this was biforu dark ; about this time he. rd Uiul calling to the 82 people inside of the Fort to come in ; Riel was up-stairs at the attic window Kiel s:ud to the people, " Fall in by ten ; " this was done inside of the Fort • as 1 came near to the people, 1 saw Lepiue ; Lepine was walking about through the ranks, and speaking with his brother ; Lepine had no command at that time, for Kiel was commanding. To Mr. Chnpleau. — Kiel collected them to make a speech ; Lepine, while he was talking to his brother, was leaning against the house ; Lepine was listening to what was said while Iliel was speaking. Atalance Ilupe sworn. — Know about the shooting of Scott ; have seen a box being brought into the Fort by two men ; the box was near the bastion ; about three quarters of an hour after the box was put there, 1 came from the mess- room ; while I was in the mess-room some one came in and said, " We hear some talking inside of the box ; " witness then went outside to the box near the bastion ; it was in the same place I had first seen it ; Modeste Lajemoniere was there as a guard ; 1 leaned one knee on the ground and leaned over the box, and heard a voice inside distinctly articulate, " I eay, I say ; " the wood of the box was not quite joined ; a man of the guard came to the witness and sent him off; I might have said to Lajemoniere some one was speaking in the box ; know I have said it to several persons ; do not know how the box was disposed of ; did not see it afterwards ; know that a grave was dug in front of Dr. Cowan's house, but do not know if the box was put in. To Mr. Cornish. — Saw the shooting of Scott ; did not see Scott taken out of the gate ; saw a man kneeling by the roadside ; they fired at him, and the man fell ; went up and looked at him, but saw no blood or nothing else ; his hands were tied behind his back ; he fell on his side ; saw a person about him with a pistol ; a Canadian named Guilmette ; Guilmette was very drunk ; could not see exactly, but think he shot him through the head ; the body did not make any motion when the pistol shot went off ; it lay still ; immediately went into the Fort ; do not know who ordered us to go in ; some one was crying out, ' Go in, go in ; " who cried out I do not know ; did not know any of the parties imme- diately about there ; saw Eiel that day ; saw Kiel in his house in the attic room when he was making a speech ; did not see Eiel at the time of the shooting ; saw Kiel several times that day in his quarters at Dr. Cowan's house, and passing in and out ; did not see Lepine all that day ; do not recollect having done so. To His Lordship. — Did not know who the firing party were. To Mr. Cornish. — Did not see Andre Nault there ; saw Elzear Goulet, but did not see him outside the gate. To His Lordship. — Do not recollect seeing any one in particular, except Guilmette, at the time Scott was shot ; all of our people were there, but I recognized no one in particular. His Lordship. — I understand that this is all the witnesses for the defence j except the Archbishop of St. Boniface. The Court was accordingly adjourned until the following day at 11 o'clock. Friday, October 23rd. Archbishop Tache sworn. — Was here in 1869-70 ; came here 10th August, twenty-nine years ; was a member of the Council of Assiniboia since 1857 ; the Governor was merely President of the Council of Assiniboia ; the members gave their opinions on equal footing, and the measures were passed by the majority ; the Governor had no veto right ; this right was exeroised by th'^ Governor and Hudson's Bay Company in England ; the measures took effect from the moment they were proclaimed; the nominations and appointments were made by a majority of votes ; although the President, the Governor took 83 part in the deliberations of the Council. Witness was here asked who were the members of the Council of Assiniboia at the time of his departure in June : Bishop of Eupert's Land, John Black, John Frazer, John Sutherland, Dr. Bird, Boyd, Bannatyne, Thomas Bunn, Dr. Cowan, Solomon Hamlin, Paschal Breland, Emileon Genton, William Dease, Roger Goulet, and the witness, James McKay; these are all I r-imember ; the mettings were not at stated times ; at the time oif the departure of the witness, there was no question of any political changes ; the members of the Council of Assiniboia were not notified of any political changes ; was acquainted with Governor McTavish ; he was in the colony at the time of my departure for Rome ; 1 came back to the Province on the 9th March, 1870 ; I returned to the Province at the request of the Ottawa GoTcrnment from Rome ; the demand of the Government was on account of the troubles that had taken place during my absence ; at flie time of my departure for Rome, the diiiiculties were foreseen, but had not taken a definite form ; it was because I had foreseen these difficulties that I had proceeded to Canada in the month of June, so as to put the Canadian authorities on their guard ; they did not pay any attention to the representations I felt it my duty to make ; when in Canada, I received a letter from Governor McTavish ; before my departure for Canada, I had several conversations with Governor McTavish on the subject ; at the fame time that I went to Canada, I was on my way to Rome; the letter of Governor McTavish to the witness was published in the Report of the Committee of the North-West ; the letter was dated 4th Septem- ber, 1869 ; I copied that part of the letter which referred to the troubles, and sent it to Sir George Cartier ; Sir George Carder replied that he had provided for everything, and the next day, I read in the Ottawa papers that arms and ammuni ion were being forwarded to Governor McDougall ; I returned from Rome at the request of the Canadian Government ; on my arrival at Ottawa, I was immediately introduced to the Piivy Council then sitting ; they informed me as to the condition of affairs at Red River ; the witness' opinion ie^corroborative of this, because when he had anything to do with the Govern- ment, I was always referred to Sir John A.Macdonald and Sir George E. Cartier; the time I had interview with Sir John A. Macdonald, he handed me a letter which stJ'ted that the letter I received from Mr. Howe was official ; with the exception of a letter from Mr. Howe, dated 4th December, to Vicar-General Thibault, the rest arc publi.shed in the North-West Committee's report ; witness here produced a letter from Sir John A. Macdunald dated 6th December^ marked private; the (iovernment of Ottawa requested me above all to put myself in communication with the baders of the movement, and I did so upon my arrival ; they also requested me lo communicate with Mr. McTavish, Mr. Salaberry, Father Thibault and Mr. Smith ; I saw Rev. Mr. Tliibault at once; I saw Mr. Smith, who was about to depart for Canada and who said he did not want anything more to do with the matter; I communicated giveral times with Mr McTavish, ex-(;overnor ; on the 8th March I received a Mter from Govirnor McTaviHli,wiiich I can produce, in which l.e sjJcakR of a proposed loan; during the intercourse with (iovtriior .McTavish that I had, I came to the con- clusion that the letter was written on the full po.ssessiou of his montiil vigour and faculties, and that In; was not biased by bodily fear or otherwiso ; am satisfied that his bodily Hickness did not affect his intellect — that the letter I linvo yro— duccd was written of his own free will ; tint he was not fuitcd to write it; he repeatedly expressed to me bis satisfaction at having been able to come to that agreem'-at. To His Lordwhip — It was expected that the Ottawa fiovoriiment would pay the debts of tlii^'rovisional <;overnmerit, and I so told (Jovernor MuTuvish. (Mr. Chapicau here insisted upon i)rf, and that the prisoner was in favour of their being let free, ani O'Donohue took the opposite sid ;. It seems O'Donohue was the command- ing authority there, bnt the Crown prosecutor has tried to impress upon your minds that Lepine wis the leading mind. However, Lepine was in favour of letting them go to their homes. But thi- evidence from Mr. Farmer will not have any great weight upon your minds. The mind cannot be trusted too long. The prisoner at the bar, whenever he appears upon the occasion, appears to be lenient and on the side of humanity. Of course, 1 will go from the ground that relates to tijeir being arrested at their stopping at Headingly and Kildonan. These facts have combined to show what was the reason of these meetings. Now, gentle- men, after O'Don^iliue had succeeded in having the Portage party brought to the Fort, what was done ? They were searched. When the qnestion was put whether Lepine took a prominent part in having them s arched, it is denied that he did. Vou must luar in mind that three or four names have been placed before the public. The names fif Kiel, Lepine and O'Donohue have been di>cnssed in the public newspapers. Thi se facts, it must be borne in mind, have an important rela- tion with the ca?e. You must also bear ia mind that Lepine was with a crowd of oth' rs; that he never took part in the s-arch of the prisoners. This is the burden of Mr. l'"armer'.s evidence. Upon bein;,' asked in the cross-examination whethrr the prisoner had addressed himself angrily or in any rash words to the prisoners, he says, "No." He s lys th( re wa*-- another dictator in the Fort; there was gomebody else. These are amon.:,' the tliief points in Mr. P^arraer'ri evidence. The second point in this summary is the cvileuce of Mr. Newcombe. jMr. Newcombi! was the second witness. He was examined at the preliminary investi- gation which took place last fall. Ho was one of the Portage party. On being asked whether the prifioner at the bar was there when he was arrested, ho saj'S he does not rememb r. Mr. Nfwcombe ii very intelligent, and yet he cannot say wheth'-r the pri-^oncr was with tho party who arrested thera or not. He says he docs not remember whether lie was there or not. It is a nmark- able fact that a man like Mr. Newcombe does not remeniber. Certainly an intelligent man like Mr. Newcombe would have noticed \vli<:th<'r a prominent man, known to bo such like the iirieoner, wiis there. Wo have this (net on oath that N'lwconih'; ' t-nl I I..' rlid n >t S6 see Liin give orders at any time. When he was liberated, when he had come to a certain rot m where tlie prisoner was seated at a desk, he took a c( rlain oath, not an oath of alh glance, but an oath tliat he would not take up arms against the existing authoritiis. When asked if he Faw the prisoner give any orders or directions there, he says, " No ; I saw him only sitting as his desk." When he is nskcd whether he saw the prisoner at the bar und' r other circumstances, he says, " Yes ; I liave seen Le jine in the guard-room and in the yard." The evidence, gentUmtn, givmby Mr. Newcombe, like that ot Mr. Farmer, is more favorable to the prisoner than against him. Now I come to that given by Ifr. McPherson. His evidence seems to bear upon the accusation more than the two others. He states he was at Winnipeg in 1S69 and 1870; that when he was token near the Prairie Saloon, there were about four or live hundred with those who took him. (Mr. Cornish here corrected Mr. Royal, stating that McPherson had alluded to the force in the Fort, and Mr. Royal accepted the correction ) Mr. McPherson's mind appeared to be very much at rest. I believe so little was in fear, that both he and Scott made up their minds to go down town from the Foit and have a diink, for as soon as they were searched, Scott said it was a very cold day. "Come down and let us have a drink,' and on gtirg they were stopped. When Scott was being led to the spot where it was arranged that he thouUl be shot, he (McPherson) said, " I was at the window, I could see in the yard what was going on ; I saw the Rev. Mr. Young and Scott going down to the eastern gate ; there was one person coming behind them, it was the jaisoner at the bar ; I saw Lepine coming behind Mr. Young and Scott." If the credibility cf this witness had not been shaken by the testimony of others, it would certainly have a very great bearing upon this case. We have grounds for the beli< f ;liat Mr. McPherson was not under favor- able circumstances to see. He was looking down from the window ; there were double windows ; he was looking from the inside; whether or not there was frost on the gla^s it does not appear, but at any rate he saw the prisoner. " I gaw a well-built man'' ; he saw him only from the bacli, he never saw his or Scott's face either. The procession was going out when he saw it When asked if Lepine was the only man well built, he said Lepine (the piisonei) had brothers, and that S' me of those brothers wire as fine-looking as the prisoner. I do not say anything against Mr. McPherson personally or against his motives. It is a very cartful man v. ho ought to swear to what Mr. McPherson tells us he saw. On his cross-examination, Mr. McPherson gives us a bit of history at that time. He says, " I was a constable of Colonel Der.nis." It appears that others as well as the Crown swore in constables. There were three or four governments too. Dennis had one. Schultz had one. It seems thai Mr. McPherson was one of the guards who were supposed to protect or guard Dr. Schultz's property. It seems that the guard kei t on Schultz's house was not very effective. He says that one morning he was allowed to go to the post-cffice to get letters for himself and the others, and that he did not return again to Schultz's because the party there were taken prisoners. When asked who were the officers of the movement with which he was connected, he said the officers were not elected or appointed, but took command spontaneously. It is for you, gentlemen, to thke his evidence and see what amount of credibility you are to put upon the evidence of Mr. McPherson. We come to the evidence of Mr. Young. A great d' al of importance is paid to 1 is evidence ; he*, perhaps, is a man that saw what passed and took place at a certain moment. He was there. He told you that he was in Scott's room giving him the consolation of religion. While he was there, there were a great many parties in the guardroom and hall. While there, he must have recognized every- body, especially some of the prominent parties, but he faw nobody. If the prisoner had been there, we must come to the conclusion that Mr. Young would have see^ him. Mr. Young said he did not see the prisoner at the bar. When Mr. Young was coming down-ittairs, at that time Mr. McPherson swears that Lepine was with them. Mr. Young did not se; him ; Mr. Scott did. Surely Mr. Young was 87 noticing what was around him. When Mr. Young and Scott came to the eastern gate of the Fort, it is said that both paused there. Mr. Young does not say this ; he says, " We went along to the first spot where Scott knelt before he was killed." This fact you must bear in mind, because some other witness says they stopped. Mr. Young was with Scott the whole time. He was with him and had him by the left arm when they both went around to bid good-bye, and when they came down-stairs When they proceeded to the first spot he was with him ; he was with him when they proceeded from that spot to the second one. We now come to this part of Mr. Young's evidence when he saw him alter the guns were fired. In his cross-examination, on being asked whether he lifted the body to examine it. to see if it had life left, he said it was dead. He could not understand what Scott said ; it was only a shriek or moan. He did not observe whether Scott was breathing or not, he did not touch the body, but he said the distance that he was from it then was eight feet when the pistol shot was fired at Scott's head. He said he remarked from the position he occupied at the time, he did not see any hole or holes in the front of Scott's dress, and he remarked to the Chief Justice that it was difficult to state accurately occurrences that took place some four or five years ago. It is very probable that Mr. Young may have been mistaken. The position that he occupied is not according to the one stated by other.^. He states that he saw the bullet holes in Scott's coat ; they were at the back. Other ■witnesses have told you that there were scratches on the shoulder, as if the bullet had passed through. Mr. iTorng said he saw the marks a little lower down, the traces of a bullet. You, gentlemen, are natives of this country, you know what kind of a hole a bullet makes in passing through woollen cloth. It remains with yon to decide whether Mr. Young can swear that this hole was made by a bullet or bullets. When a man's life is at stake, it is a very doubtful thing to swear that a certain hole is a bullet hole. I do not wish to cast any reflection on Mr. Young's evidence. These are facts that the jury as well as anybody else can determine. Well, from the distance Mr. Young occupied at the time, was it posfiible for him to swear that these scratches were caused by a bullet hole. It is for you to decide. When more than one witness will come before you and say that they have seen the holes in the chest of the man who was said to be shot, yoa will be able to say which is correct. Mr. Young has seen Mr. Lepine under two circumstances. The first, when he came himself in his elforts to prolong Scott's life, and when he came to Mr. Riel at Mr. Youn^i's request. He saw him before sending Campbell to Smith ; Smith was then living in the same house with Governor McTavish ; he himself went to Riel on the same errand. Riel does not understand any more English than I^Ir. Young understands French. On being asked does he understand French, he says no ; he may have picked up a few words here and there, because he has lived for a short time in a mixed com- munity ; but remember this, he would not go far enough to s, and that this proclamation was published in both languages. He says at that time the meetings of the Council of Assiniboia cani'j to an end by the rash and false proclamation of Governor McKougall, dated the Lst D cember, 1869. AVhen asked concerning the powers and authority of the Council of Assiniboia, he says the Council was not executive, it was only legislative, though the Governor generally sought the advice of a few of the members. It strikes me that there was then no definite Government in existence. Certainly it is fitr you. gentlemen, to say. When questioned as to the body of Scott, this witness does not differ from what was already said by Mr. Voung. Next wu have Chambers ; he was before you ; ho was there on the morning of the 4th of March ; he saw something he describes with a certain amount of accuracy, the distance the firin;,' party was from the man Scott, who was said to have been shot. He says the tiring party were standing only about eigliteen fof't f20 yds] frcm the man to be Khot. Tlie soldiers were armed with riOes [tradii g guns], that tiny appeared to be under the influence of intoxieating liquors. When Chamb' rs is asked who was in command of the firing party, ho EtatcH it seemed to bo Lepine. When pressed for the fact, he says it was a man named Lepine, but he t-ayn 1 cannot identify liim as the prisoner ; however, tlie man's name was Lepine. He to'd you that the man in command of the firing party was Lepine. Well, gentlemen, you have 4ieard it stated from other wituesseB that it wan nnotlii;r man that commanded the filing parly When he saw Lepi le, In; was sideways, he saw his side only. You have alno this other fnct that when Chambers went to the body, he saw what other witnesses did not see ; thin he saw some Mood on th.- man's face. You have other witnesses whobtate that the white cloth covered his face. Here is another 90 Tcontradiction on wbicli you have to judge. Cbambers Is a gunsmith; when atkod if he saw marks on Stotl's coat, he says he did not observe anything, but the bh»od on the white cloth. He is asked what he next saw. He says he saw six nun drawn up into line. Now, bow can a witnefs, if not in line, especially when he is sixty or seventy feet away, swear positively as to who was or who was not there? Chambers was near the gate when Scott and Young came out. He observed Mr. Young and Scott, but did not sec Lepine. His evidence that Lepine was in command of the firing party is con- tradicted by four or five other witnesFcs. Here is another witness, Alexander Murray, who saw something from the ke) hole ; he is very precise in his description. He saw something not seen by other witnesses. For instance, he swears positively that wh»n Scott went around to see bis con.rades for the last time, it was Mr. Young who said, " Good-bye, boys." Scott only liowed his head. Gentlemen, here is a contradiction , Mr. Young states that it was Scott that said, " Good-bye, beys ; " he does not recollect having seen anybody with Scott at that time. When asked if the prisoner was there, he says, " No. Saw Lepine on that day, but it was some time after the firing." Murray was a very intelligent witness. When he is atked what was the popular feeling in the settlements f long the Assiuiboia, he says that Governor McTavish could have crushed out the movement. He says thai if the Governor and Council of Assiniboia had sworn in a number of special constables, do troubles would have taken place. He says the people of the Portage rose and took up arms to release the prisoners. During the course of the evidence, the learned Jrelge also stated his opinion that this would have been the proper course to pursue. Duncan Nolin has seen something; he states that on the morning of the 4tb of March, he came to the Fort and saw Scott; he did not see Mr. Young, but he saw Lep'ne leading Scott to the p'ace where he first knelt down. It is only there that he saw Mr. Young. Strange thing for this witness ! However, j-ou have gathered it in the evidence. Lepine was not seen at the spot. Nolin himself says he was very much excited. When he saw Scott coming cut, Lepine took him by the arm and led him out. He saw Riel on the spot with O'Denobue walking about, but he did not see Scott on the first spot. Whatever weight you place upon that, you must remember that this evidence is that Lepine was not there. The fame witness goes as far as to tell you that it was somebody else that led the party. Now I come to the most important evidence for the Crown. I come to the «videtce given by Mr. Jo eph No'in. He swe: rs tl at he was Lepine's |private secretaiy, and as such he called the Council of War that took place on the night of the 3rd of March. He tells you that this Coun( il of War was presided over by Lepine, the piisoner, and this evidence is not contradicti d. Lepine was there by the authority of these men. What share did he take ? It is true he presided; after, Riel came and made a speech, and made the accusations against Scott; some witnesses were heard ; when the votes w* re taken, two dissettient voices were heard, Lajemoniere who preferred to see Scott executed, and Baptiste Lepine who said, No! he was not in favor of the sentence of death. Did the prisoner at the bar vote or say anythiug in favor of the sentence? No. All he said was that the majority are in favor of death and he will have to die. He did not say anything else. He merely said that the mpjority being against Scott, he will have to die. If in connection with that fact we take the evidence of Modeste Lajemoniere, who was in the north attic window of Dr. Cowan's building, and who declares that he heard either Riel or the prifoner, who were then behind him in the same room, say distinctly, " Then in God's truth, they are bringing him down," you will have to put these two expressions together in order to get a correct meaning. Are these the words of a man who is guilty of the act for which he stands accused ? I do not believe it. I need not remind you that the only inevitable fact from the evidence of Joseph Nolin as put befcre you was the connection of his being Prej-ideni. Yon 91 muBt remember that this last deed, this one deed I do not pretend to contradict. This is the only fact we do not contradict. He is no more parlicipes criminis than I am, or the hundreds of others who were engaged in the movement and who invested him with the office he then held. We have the evidence of John Bruce ; with this you are well acquainted. You must take his evidence as being very imperfect. He says, " 1 have seen the prisoner ; the first conversation I had with him was in December ; I asked him whether he was going to release the prisoners ? " He says that Lepine said he was, only that he intended to shoot a couple of them before doing so. When asked if he was in earnest, he says " No, I thitkthe prisoner was merely joking.'' Now what of Mr. Bri.ce and his evidence ? When he writes letters to the papirs he states certain thing.', and when, i nder ofth, he is asked if th( se ih'ngs are true, he says, " No ! I wrote the French of them, somebody translated them into English " (atd did not do them jusiice), and this is the kind *f a witness that the Crown has thought fit to bring before you. However, if that witness varies, his variations are not against the piisoner at the bar. He understood that the f risoner was not in earnest when he spoke. He never saw him acting in any caprcify, and when afked if he would have feen him on the occation of the shooting, he says, " Yes, I would have seen him if he was there." He saw the box that morning, snd asked L' pine what it was for ? Lepine says it is to put poor Scott in. If this question is to be considered, you know very well how to consider it. You may judge by his actions if not by his woids. He gives 5-ou name.«, but he did not see the prisoner. He saw Joseph Deloime, and here is another contradiction. He states what Goulet has told him with reference to the body, but all this was ruled out by His Lord: hip as only hearsay evidence. We come to Francois l harette, the fouiteenth witness. He said he was look- ing from the wall. You will rcnember that when Bishop McLean was giving his evidence about the occasion of the visit to the Stone Fort, how ho saw one man with a very long pistol, and another with a very long gun ; how excited the witness was, and how he saw thicgs that did not really happen. Charette swears this, " I saw Scott standing about thirty prces from the wall ; I saw him talking with a man, and the next thing I heard some guns fire and saw Scott fall ; I came down from the wall and went towards the body, and saw the wounds on tiie body ; one cf the wounds was in the bn ast, one was in the shoulder, and another was between the two." He fays blood was oozing out of the wound in the breast, but the shoulder was not bleeding ; '' although only two feet from the body, I did not noiice wounds or bullet holes in the back of the coat." He saw a pii-tol in the hands of Uuilmttte, and he thinks that it was Guilmette that fired at Scott's head. And now he states a new fact in the case ; he says the pistol did not go olf at first ; it snapped. Then he saw Lepine for the first time. " Somebody said behind me, Yoti have no buniness here, you must go into the Fort. ' Vou must rt member that Charette was a guard. However, he says he saw a pistol inside Lepine's breast-pocket. Nothing very extraordinary, 1 suppose, at that time. He heard someone Fay, "That pistol is net in order." He is not ci rtain who taid it. When he is pressed by the Crown to rtp'at the words that ho heard, he says, " 1 lieard the words, Here is one in order, finish him, but I cannot say who said so." It is astonihliing that when something is Iik<-ly to be in favor of Lepine, ho does not r( mins contre les etrangers, le fort courant d'opiuiou constammeat cntretenu contre les accuses dans uue classe nombreuso de la population, et vuus aurez une faible idee des difficultds quo M. Cliapleau avait k Burmonter dans cette cause. "Son seul moyen de 8iicc6h, dam les circonstances oil it I'-tait place, 6tait de s'en tenir k la |)reuve, et d'aller droit devant lui absolument commr k'II efit plaid6 ea premiere cause; il avait k mcttrr de cOt6 toute son exp6riencu du jury, pour ne s'appuyer ipio sur ^on talent d'avocat. " Un nouvel 6< ueil k crain ire, ct qu'il ne pouvait rviler qu'avec la plus grandu prudence et la plus grande dd-licatt-BHe, r(niiltait de la natur(' m(-mo de la cauHo et du cAt6 politiqin; qni en f)riiiait Irs priini|>aiix triiKs. In avocat dc la position fie M. ('hii\)]vn\i, ex Solliritciir sement du gouvernement qui a mis ii mort rinfortun6 Scott ? " Mais le cute principal de la question, le cute qui interesse le public etranger, c'est la reconnaissance du gouvernement provisoire comme gouvernement de facto, et la promesse implicite d'une amnistie accordee a, tous ceux qui en on fait partie. Le juge Wood, president du tribunal, n'a autorise que la production des documents officiels, et a refuse I'admission des lettres privees de Sir George E. Cartier, de Sir John A. Macdonald et d'autres personnages qui, on ne pent cependant pas le nier, avaient pieine autorite de parler et d'ecrire comme ils Pont fait, et de prcmettre ce qu'ils out promis. Malgre cette lacune dans la preuve de la defense, il y avait suttisamment dans les llue.bcoks pour demontrcr que le gouvernement de Kiel avait etc reconnu comme ayant une existence de facto par le gouvernement canadien et par les autorites imperiales ; que les dulcgues de Kiel avaient etc invites, apres I'execution de Scott, ;i formuler leurs demandes, et que le gouvernement canadien les avait accordees sur les ordres formelles du ministre des coloBies. Cela ne vaut-il pas autant, ne vaut-il pas raieux qu'une promesse verbale ou ecrite d'amnistie ? Et de plus, toute la population de la Riviere-Rouge n'a-l-elle pas accepte le gouvernement de Riel ? Le Gouverneur McTavish lui-meme ne I'a-t-il pas autorifi- ? " Si ce gouvernement n'etait pas legal, ni rcgulier, il n'est que la manifesta- tion d'une usurpation de pouvoir qui devrait etre soumise aux tribunaux d'une maniere diffcrente. Si le gouvernement de Riel n'etait fas un gouvernement etabli d'apres la loi et la constitution, tous ceux qui en ont fait partie, tous ceux qui I'ont soutenu, tous ceux qui I'ont tolerO sont coupables de haute-trahison et devraient etre poursuivis comme tels. Le crime de haute-trahison est le plus grand crime conuu a la lol anglaise ; pourquoi Pignorer, pour ne s'arreter qu'i un acte i6ol6 d'homicide ? " Mais on sait tros bien que la Reine elle-mfime a pardonne la rebellion et qu'elle a oubli6 la rcvolte dont certains de ses sujets se sont rendus coupables contre son autorite. Toutes les mesures out ete prises pendant trois aus pour empccher les poursuites contre les ohtfs er se evidence has been allowed which should nothave been permitted. 1 refer to the evidence given by Bruce from Goulet. (His Lordship the Chitf Justice here stated that on a second consideration of the matter, he had struck out all of Bruce's evidence in connection with Goulet's .'Statements about the final disposition of Scott's body. If the evidence had been given while the deed was being committed, it would be regular, but it was told some time afterwards.) The second point is the proving of Scott's death. I want to quote a few authorities before the Court. We know the great maxim produced by Sir Matthew Hale as being the saff'strule to follow. It goes to say that there is no murder if there is no death. There is a want of evidence in consequence of what is alleged, inasmuch as no one has stated that he has seen Scott dead, and no one has stated what has become of the body. The last edition of Archibald, 7th edition, page 271 and page 238, in 622, states that it must also be shown that the deceased died of wounds or other injuries given him, and within a }ear after he had received them, because if he had died after that time, it is fair to presume thut the death miglit have proceeded from some other cause. I quote from Taylor ou Evidence, page 199. After having spoken of some cases, the presumption of death of a person long missing, he goes on to say, "If the person has not bsen heard from for eevec 99 years, the presumption of death is permissible." I also quote Taylor on Evidence, page 613 : '• A jury should not condemn if there is the shade of a shadow of a doubt." No court or jury has aright to act upon presumptive proof of the death of a party. In the same author on page G40-41, the same rule from Taylor is mentioned ; the statement of absence from the country is only presumptive of death. These cases have been gemral. I will quote about circumstantial evidence. In a case which occurred in the reign of Queen Elizabeth, the circumstances showed that the party was guilty, the jury could not find that the man was not guilty, the evidence was only presumptive that the man had really died. But the party did not die. I will quote from Phillips on Evidence, the case of Miles Scales — a case in which the captain of a vessel had been beaten by one of the mates in the presence of the sailors; blood was found on the deck, but the body was thrown into the sea, death could not be proven, no body had been found ; it turned up some years afterwards that the man was still alive. The author says the rule that the body must be found is absolute. 1 also maintain that the best evidence must be produced by the Crown. I maintain that the ruling of Hale must not apply strictly, and I must submit before the Court that the best evidence in this case has not been pro- duced. The act was proved to have been done, that the man received wounds, but it has not been proved that these wounds caused death. It has not been provtd that these wounds produced by bullets at twenty-five or thirty yards, fired from trading guns, caused death. At any rate it is open to question whether at that distance the man was shot by these trading guns. The best evidence should have been adduced. The evidence of that witness has not been received. The opinions of medical men are ab.solutely necessary. They rather than others, are prepared always to establioh the cause of death. The Crown hhould have produced one medical man. This would have had more weight than the testimony of any one who was in the crowd. I maintain before the Court that the firing of a pistol does not convey positive evidence, unless a medical man's report was received, and why? I just put the question to the Rev. Mr. Young if death could have followed from the firing. When 1 put the question, whether in some cases that bullets might have traversed the body, of course he would not answer. I quote from Taylor on Medical Juris- pruden' e as to the effects of bullets in the use of firearms. The author qiotes a case where the deflection of the balls did not produce death. It i.s only a few months since a cas'.- occurred in Montreal. A young man attempted to commit suicide by shooting himself in the breast. The bullet was fired in such a way that if it had gone in the usual way it would have produced instant death. Three weeks afterwards that man was walking in the streets as if nothing had happened. It w.is discovered that the bullet had defl-cted and lodged in the back. I put this case before the Court and before the jury. The same rule also applies in the case of gun shots. I come to another point ; it comes from the fact that the prisoner at the bar at the time of the shooting was then actin:.' in his ullii.ial capacity as Adj itant- General. I maintain most respectfully before this tribunal, that in a case of wilful homicide, or manslaughter, or assault, if ho is guilty of anything, ho is guilty of murder. Assault does not apply to his case. I maintain that in the catie in question that the prisoner acted in Ids official capiicity in the so-called Provisional (ioveruniunt, by circumstanccH arising out of other circumhtaricts whi' h are tt-rmed by the authoritiih under tho authority of a Government dt jncOi rcc('gijiz«;d by th<; sovereign authoritits and their rt|)re- Hcututives. I also maintain tliat the prisoner at tlie bar should have been tried for high treason and not for murdtr,if tried at all. In execution of the decree of the (le f'ld'i Government, if amennblo at all it should be high treason for which he should be first tried, If tried at all. (Mr. < hitpleiiu desired that it should lie nndi;rf>tood in all these proceidiugs he doeH not winh it to he underntood that ho waives or cousidein the question of the liability of this jmisdiclion ovtrrubd 100 by the judgment, but reserves to the prisoner that right if he desires it. In support of this he quoted a proposition laid down in evidence, though it is only suiniitted en passant.) I will quote from what may be termed the classical rule in the laws of nations, page G7. (M. Chaploau here quoted the passage.) I wish to put it to your Lordship, the conversations given by Archbishop Tache as to the state of a'arm and disturbance the country was in at that time. I wish to put in as a record a letter then written by Governor McTavish, dated the 4th September, 1869, in which the Governor has plainly stated the condition in which the colony was left, lie certainly understands that the sovereign authorities and the Canadian representatives understood that the acts committed before the transfer would be excused. The letter of Archbishop Tache and the conversations he had, form what I now maintain. At the same time I refer to the report of their public acts and the report made by the Privy Council to the people of the mother country, the first dispatch between the Council and the authorities in Canada. I state as a proposition in this case that the movement was raised in a rightful way. I maintain before the Court that these proceedings and acts were carried out under lawful authority ; that these men who came into the country under Gov. McDougall and Col. Dennis did not come in a lawful manner, and their acts were not done in a legal aid lawful way. The first rising and the meeting of the IGth November were a perfectly lawful movement. The then declarations of Gov. McTavish must be taken into consideration. The armed movement which was raised by Col. Dennis in this country, and the arming of the people, were for unlawful purposes ; that this movement was of such a nature as to justify the rising of the people then. The proclamation of Gov. McDougall on the 18th December was not sanctioned by the proper authorities in Canada and the sovereign authorities in England, and it has been proved to be illegal. It is not necessary for me to prove that the commission given by Gov. McDougall to Col. Dennis gave him the powers of a Lieut.- General for the North-West Territories. That commission gave him power to disturb the public peace, to bum down houses, to kill and destroy. I main- tain that this proclamation was sufficient to Justify any uprising of force to resist its provisions being carried on in the colony. I mean now to refer to the pro- clamation of the 8th of December. I say that proclamation was in efifect the recognition of the rights of the people. It was issued at a time when there was no authority to justify it ; at the time it was issued, the Hudson's Bay Company had no lights in the colony. At that time, in the month of December, there was in fact a recognition by the authorities of the Hudson's Bay Company, and it was well understood among the population and generally known that the Hudson's Bay Company did r.ot assume power in the country, and did not aff. rd protection to the citizens. That state of things continued up to the 25th of January. I maintain that the authorities were so much out of existence, that ■executions, judgments or writs of any kind were not issued. Jails were broken into and complete isolation throughout the country was known to be the case. In the month of January there was a kind of a convention of the whole people -which continued to the 25th of January. That convention agreed to a certain Bill cf Rights. I do not speak of the proclamation of Kiel. In the first Bill of Bights which was drawn up there is a certain perfume, I may call it, which I do not sustain or admire. The Bill of Rights then framed is certainly a Bill of Rights which the scttUrs of this country had a right to present at the conven- tion in January, and before they proceeded to the election they had a right to do 80. We cannot act on presumptions. Before proceeding to the election of a President, they asked the advice and opinion of Gov. McTavish. One witness says he declared himself favorable to the election of a Government. Mr. Suther- land declares that the condition he was in rendered him powerless. I also maintain that during that time not one single writ or act of prosecution was issued against anybody. No one took legal proceedings against any one ; no single writ of information whatever was issued. I say that these abstentions 101 from executive authority are sutficient to prove that there was no law or autho- rity ia the country ; that the declaration of Gov. McTavish was given in view of that state of aflairs. It will be remembered that the Q'h or 10th of February was the time when the declaration was asked from Gov. McTavish, and I find that just on the eve there was constituted a kind of Assembly ; that ou the same day the people saw that they wished the difticulties in the country would come to an end ; that that Convention was recognized by all parts of the population, afterwards by the Government of Canada. The Adjutant-G neral was appointed by a regular authority, because it was understood that at the time of the election of the President that the power of the Hudson's Bay Company was at an end ; that the movement of the other parties was to upset that authority ; that the cause of the movement of the ITth of February was the Kildonan affair. It will be said that that movement dispersed itself. It will be argued that the people were going to their homes when on the I7th of February they were arrested and brought to Fort Garry. I maintain that their detention in the Fort was a light acquired by reason of the authority possessed by the Provisional Governmenl. That in the present case the law as laid down in Weedon, page 30, applies. I insist that there was a Government recognized as a de facto Government, and that the armed movement in support of it was according to the authority of the then existing Government. I must now proceed to the detention and to the action of the Government during thit time. The arrest was made in February. The delegates were chosen not only by the President and Council of that Government, but they were chosen by the Convention itself to go to Ottawa. En passant, I may observe that duricg all these meetings Judge Black was the chairman of the Convention, and lelt his seat only when he saw that Kiel hai been elected. Delegates were appointed to go to Ottawa at that meeting. There were as members of that Convention four or five persons who were members of the Council of Assiniboia. The delegates were appointed to go to Ottawa by the Government. I must regret the treatment that the prisoners received while they were in the Fort. In times of war and revolution, there is no help for these things. What have we seen in other countries ? Instead of the lives cf four or five, we have seen revolutions sweep away the lives of four or five liundred. While we liave wars and insurrections these things must la.st. During the time the delegates were sent to Ottawa, there occurred a f ict that is the ftrangest of all which took place during the whole of the troubles. When Mcople come from a country and arc not familiar with constitution »1 law and practice, these men should have been treated as negotiators ; it is the law at least among civilized nations that thiy should reciive the same treatment wliich ia given to barbarians. They were dealicg with a Government in complete fairness. When the deh gates arrived in Ottawa, when thiy presented their papers, they were acting according to their papers, which had been given to them to act in their capacity as delegates, as negotiators on behalf of the Provisional Govern- ment. I know it will be argued that Die Government of Canada never recog- nized tliem except as representatives of the people. I will maintain that wlieu the negotiators went to < ittawa, the Government saw their credentials, that they were introduced to tlio Executive Council and formally received and recognized, (Mr. Cornisli here asked if this was another speech to the jury.) I say that this recognition was a matter of fact, was a matter of good faith between the i)arti> h, that tliey pa.ssed treaties, and that they and Ihe Government have been recogniz'-d \y tiiu letter and answer from Hon. Jusepli llowo, Sjcro- tary of Htatc for the I'rovinces. I know tiiat the answer was given llum to sny tliat the Governor-General reprisenti rig Her Majesty and the Privy Council in Ottawa, received these delegates. I know that that recognition was not a com- [ilete one. 1 have seen tlio Utters of Hir (Jliiiton Murdork awd Lord Lisgar, and it would be agnini-t my duty to say that this tiliould bo doubted. Tliey acted in good faith and were bd to understand that they wi r<' in Hk; full (a[ia-ses either. The cliief ground on which the defence rest their case is that ihe killing of Thomas Scott on the 4th March, 1870, was the act of a regular gcvtrnment, duly empowered and acting under the constitutional authorities of the country. When did that government become de fucto, and who gave it authority ? By some means or other that government has become defunct. What has become of it ? Do they mean to say that it was a de facto government because it elected a president and because it had a council, and armed men to carry out its decrees ? I can tell you that that government was only a government of physical power, and that this was used to enforce its will. But that time has passed away, and those notions that justice, slow-footed as she is, would never overtake the murderers of poor Thomas Scott, are dissipated. The time has come when the law will be enforced. It is in accordance with that law that you are here to-day. One of the points raised by the defence in their special pleading is that it is necessary to prove that Scott is dead. II Thomas Scott is not dead, no one better than the prisoner knows where he is. If Scott did not die, the prisoner and his accom- plices are the people b' st able to give ns the information where he is. Would to God that Thomas Scott were not de.id, and that ho could stand here in this <'ourt to-day; would not every man raise a shout of satisfaction, and the prison> r at the biir would h*- not stand gloriously acquitted? Iliit unfortimately Thomas Scott did die, that must be the conclusion of every man who has heard the case. Yes, everyone of you must come to the conclusion that Thomas Scott was killed and murdered by the prisoner at the bar and his accomplices. It isa piiuciplc in British law that ail pi-rsons wlio participate in the taking away of life deliber- ately and without authority are guilty of wilful murdrr. Another special plea is that there was no evidence given ns to Scott's death by a doctor or a surgeon, hot I trust that yon will not permit such a weak and absurd idea to lead you astrny. In order to arrive at a just and sensible conclusion, you are to judge from the evidence, and if you think that evidence justifies you in believing that Thomas Scott is not dead, then there was no niurd( r. We have the evidence and the witni'sse« to say that they saw a numlier of men drawn up in a line with double-barreled guns, and then discharge them into Scott's body, and we have the evidence to show that the prisonerat the bar was ordi-ringand dirtrcting these men on that occasion. It remains with you to say whether the prisoner at the bar was one of these men who w< re presi-nt on that occasion or not. They say there is positive cvidi me that Sccdt spoke after he was put in tin box. I'trhaps in the agoni'S of d'-nth he may Irive eiilled upon his miirderers ■to release him or i)i)f an end to hi.^ agnnirH, and though the pri.souer was there 104 with all Lis generous instincts, there was no one to go to poor Scott's relief. There can be no question that the poor man died of these gunshots and the wounds they inflicted. Yes, for no crime whatever, for the evidence does not go to fay that any charge was proved against him at that mock trial. Poor Thomas Scott was taken out of the Fort in the light of noon and butchered bj' fiends in human shape — slaughtered by the authority of a court martial presided over by that man at the bar, acting under the directions of the Provisional Government! Gentlemen, some of tlie arguments used by the defence do not need to be refuted. Thiy contradict themselves. I am sure you will admit that the prisoner has had every allowance and latitude given him. In order to bring you to a proper conclusion, it will be necessary to take you to the time that he wa-* arrested with the Portage party on the I7th of February, to the fatal 4th of March, lie was proceeding homeward to the Portage ; he had a right to travel on with others. We find by Ihe evidence of Mr. Farmer that on the night of the 17th of February, he saw a number of men proceeding from Fort Garry. We find that Lepine, the prisoner, was one of that party and in authority. On that occasion some conversation took place between a man named Panquin, of the Portage party, and who enquired what Lepine and followers meant by their demonstration of force. I feel here that it is my duty to state that as soon as I heard this man's name, 1 despatched a messenger with a subpama to that man who I was informed was residing at the Portage, and that messenger returned stating that Panquin was out of the Province, beyond reach at Fort Pelly. 'J'he Portage party were surrounded, and a man by the name of O'Donohue and the prisoner at the bar appeared to be in command. They were arrested and taken to the Fort. Thomas Scott was one of that Portage party. They did not suppose that anything was wrong. They were mistaken. The party that was taken were impri.-oned there, and poor Scott was kept there until the 4th of March, when he was taken out to be murdered. It has been proved by credible and reliable witnesses that the prisoner at the bar was there present at that slaughter, acting under the orders of the so-called Provisional Government. Alex, McPhereon, one of the witnesses, said that Lepine was behind the party that led Scott out of the prison to be shot. Alex Murray tells you that he saw him that day actively moving about the Fort giving instructions to the armed guards. Murray also tells you that at the time they were taken prisoners, the prisoner being asked if he was in command of the Fort party, made his bow in assent to the supposition. The next thing we hear is that the prisoner is ia command of the insurrection, giving orders. And what can you say of the Hallet aflair, of the treatment that poor man received at the hands of the prisoner, who, there is no question wliatever, was an active participant in these pro- ceedings? We proceed to the 3id of March. For some reason or other, it may be that Louis Kiel's words are true that he was gf ing to teach the Canadian Government that he was in earnest, by taking the life of one of Her Majesty's subjects. This is the only reason that we have heard alleged during the whole course of the trial and investigation as to the cause of the murder of Thos. Scott. It was necessary to slaughter some one to help the cause. We find on the Srd March poor Scott was taken into a room and informed by the chief witness in this mock court, jjpesided over by the prisoner, that he is to be shot. The same opportunities for defence which have been given freely, nay abundantly to the pris-oner at the bar, now on his trial, were denied poor Scott. He had no counsel to come two thousand miles to defend him, no jury of his countrymen to examine the evidence, no chance to show that he was innocent of the crimes charged against him. The man before you presided at that court which in less than two hours, in a language foreign to their victim, decided to take his life in order to teach the Canadian Government that they were in earnest. Yes, a victim must be immolated to baptise the Provisional Govern- ment with his blood, and that victim was poor Scott, and one of his murderers is the prisoner at the bar. What was the pretext for the justification of this 105 bloody deed ? That Scott had struck Kiel and beaten one of the guards, and that he had broken his promise or oath that he had taken to the Provisional Government. I tell you there is no proof that Scott ever made any promise or took any oath to the Provisional Government. Examine the testimony of Joseph Xolin, and what does he say ? He tells you he was told at three o'clock in the afternoon of the 3rd of March that Scott was to be brought before the Council and sentenced to be shot. Murray tells you in his evidence — and Murray is a most credible witness — that on the night of the 3rd of March, about eight o'clock, while he was looking through the keyhole of his prison door, he saw and heard Scott in an altercation with his guards, and that Kiel, O'Donohue and Lepine were present, and that there was a scuiUe. Now recollect what Joseph Nolin. says ; he states that three or four hours before that scufrie toak place, and conse- quently before Scott had struck the guards, or the captain, or Kiel, they had made up their minds to try him and sentence him. Now I want you to put together what Nolin says and what Murray says, and see if you can't see that the court martial and the sentence were not contemplated long before the alleged striking conld have taken place. These charges of striking the Captain and Riel were mere pretences, unsupported and not proved. It is murder, cold-blooded murder and nothing less. Will you follow the evidence for a moment? What says the President of that mock tribunal — the prisoner at the bar ? — " The majority only want his death, and he shall die." The evidence goes on to show that four were in favor of his death ; one was in favor of exiling him ; and one, Baptiste Lepine. was opposed to the sentence. The records and minutes of that court have not been placed before you ; they have been destroyed. On the morning of the 4th March, Nolin swears that the prisoner came to his room at five o'clock in the morning. What did he come there for ? To see that the minutes of the proceed- ings of the night before had been correctly recorded. It appears that Riel called that morning at Nolin's room to see if the prod' s-verbal — the minutes — had been properly recorded, and we find by the evidence that they were altered by Riel, though Nolin states that the alterations were only with reference to the form. There has been a great deal of evidence with regard to the complicity of the prisoner. Take tlie evidence of McPherson. He swore that Riel was one of the men who accompanied Scott to the place of execution. Take the evidence of Murray. He says that he saw Lepine and saw Mr. Young. It is true that there is a discrepancy or ratiar an apparent contradiction with regard to the person who said '• Good-bye, boys," when Scott and Mr. Young went around lo sny good-bye for the last time. It is a matter of perfect indifference who said lliese words. Some of the witnesses say that it was Scott who said the words. Murray swears that it was the Rev. Mr. Young. It is easy to account for the difference. Mr. Young may have said, " Here is Scott come to bid you good-bye, boys," and then Scott did so, but 1 am sure you will not permit yourselves to be misled by so trifling a matter as this. We all know what followed. The defence have attempted to surround the case with mystery and doulit, but it is a sad reality. The men who are detailed to do this bloody woik are lirst made drunk by the prisoner anil his associates, in order that they may in their drunken orgies make sure of their victim. It appears that on the occasion of the murder, the Rev. Mr. Voung was the messenger of peace ; that wlien that good man, whose name must always boar an important part in the efforts that were made to prevent his butchery, anxious to do hi.s utmost to jirevent the bloody deed, waited upon Riel, the Prefcident of this Ko-calied ProviHional Government, to ask and implore him to stay the murder, if not t. II. Campbell H evidence. Hi? was in tlie Fort. He was in the habit of visiting the Fort with provisions; he did so purely out of friendship and warm-heartedness. On one occasioa he was stopped from going out of the Fort by ono of tho* guards. 106 He sees Lepine, the Adjutant-Uencral, coming and he rcprtsents the matter to him. Lt'pine gives tiie order to tlie guard to allow Campbell to pass. There can be no mistake, the prisoner was a person then in aulhority. 'I'ho next witness is Jchn ]$ruce, and some are apt to speak disparagingly of John Bruce and his evidence. You know what Bruce said; you rememlxr Lepir:e's observafion tohiin •with regard to the sliooting of a couple of the prisoners before they should be released. You remtmbtr what was said to Murray a long time after the afl'air of the 41h March, when Murray went to obtain £"60 snd his gun and pistol, which he had deli vert d up in the presence of the prisoner. Von remember what the prisoner told Murray on the occasion : " You had better keep quiet, for the Keniacs are coming," and it is a matter of tact that the Fenians did come. We have the evidence of Duncan Xolin who saw Scott shot on the 4th of March. We have the evidence of Joseph Nolin, Lepine's private secretary, and you will admit that he did give his evidence with a fiimnrss and a clearness that was becoming, and which, more than all, has not been contradicted. It beiiig one o'clock, the Court here took recess. After recess, Mr. Cornish returned :— I was going to refer to the testimony of Fran9oi8 Charette, who is a man who knows Lepine well and who lived near him for some time. You all know what Charette says in his evidence. He was on the wa'l, and came down after the firing and saw the prisoner, and saw him with his hand on his pistol in his breast-pccket, antl saw Guilmette fire' the pistol at Scott's head. Pie heard and saw what passed, saw the prisoner there, and heard a voice say to him, " You have uo business here, go into the Fort," and he received a kick which he 1 elieves was adminittered by the prisoner. It appears that when one chamber of the revolver had snapped, the prisoner's voice was heard to say, " Why is not that pistol in order? Here is one in order," and that moment Charette swears that the prisoner laid his hand upon his pistol in his breast pocket. Charette also tells us that that night he heard a voice utter the words, " My God, my God," frcni within the bastion. Charette swears that it was Nault who gave the signal with the handkerchief to the tiring party. Chambers swears that it was the person known as Lepine. Charette also swears that the box was put in the ground on Saturday night or Sunday morning, but he cannot identify the parties who were doing it, or swear that the liody was in the box at the time. Charette also swears that it was not Lepine that gave the signal with the hand- kerchief, that it was An^Ire Nault. Tiiis is an apparent inconsistency between the testimony of Chambers and that of Charette himself, but I think it is easily explained. It is within our power to prove that there were two parties giving signals on that day ; one was to the party in charge of the tiring party, and the other was to the guard itself, 'i'he evidtnce given by Baptiste Charette has satisfied you that it came from a most unwilling witness. He saw the Rev. Mr. Young there. He saw Andre Nault there, and he saw all that was going on. It appears that the Rev Mr. Yourg was instrumental or rather was the cause of a delay of nearly two hours. Poor Scott was condemned to die at ten o'clock, but it was noon before the slaugliter commenced, and Riel and Lepine became impatient about their victim. What was the conduct of this man when applied to by the Rev. Mr. Young and Bishop McLean for the body ? Was it not proved that Riel promised the body on condition that there would be no demonstration made about its burial ; and that afterwards he had to recall his promise because the prisoner as Adjutant-General refused to give up the body, and claimed that body as his ? Was that the conduct of a man of such generous instincts as have been ascribed to him by the learned Counsel for the defence ? To refuse the clay •of poor Scott the last rites of the Christian Church, was an act which must impress upon your minds the character e f the prisoner at the bar. And if we are to believe the records, Scott was not the only one condemned to die. Major Bonlton wrs condemned to be shot at twelve o'clock in the night, and his life was spared only on conditions which wire extorted by threats and a display of powder, /-hot and guns. And you must put the story of the cutter going out at 107 Light, and the tntire disappearance of Scott's body, together and draw your cou" elusions. And next we have the evidence of Rev. Pere Ritchot, and what does it prove ? Why, it proves that there were others behind the f cenes, mifgniding and misleading those whom they should have been teaching and ingtructing. Yes, it may be before we get to the end cf this qutstion that others may be drawn in who have escaped under the garb of sanctity and religion. In the evidence of Modesle Lajcmoniere, we are given to understand (hat the prisoner, together with Riel, was in the attic of Dr. Cowan's buildins looking out of the window when Scott was pasfing out on the morning of that fatal day of March, and that one of them was so surprised that he said, " In God's truth they are bringing him down," as much as to say that they were surprised. Are you to be misled by such shallow pretences as these, manufactured for the occasion ? Who, I ask, was in ccmroand there at the time ; and if the prisoner was opposed to the execotion, why did he not rush down and say, "Halt, return that man 1o his quarters, you must n t take away his life." No, it was the prisoner who pronounced the sentence of ihe court, " The majority want his death and he shall die." The body in the box confirms that of lajVmoniere, and can we believe that, while poor Scott was lying there in the fearful agonies of death, there was no one either to put an end to his miseries or to relievo his pa'ns ? It is not unlikely that when he was carried into the bastion, a knife or a pistol was used to cut the last thread of existence : but the longtime that poor Scott must have suffered the agonies of death is known only to his torturers and to Him who is the aven- ger of all crime. It is a rule cf law that no man on a jury should prevent a just verdict because of prejudice or in spite of proof. I trust that you have come to the conclusion that the so-called Provisional Government was not legal, or lawful : this, you are aware, must not determine your verdict. It is upon the immediate facts of the murder of poor Scott that you must decide. The learned Counsel for the defence h^s appealed to your sympathies, because the prisoner at the bar has a weepii g wife and family fearful of the issue. I tell you poor Scott had a mother, and that mother had a son, who according to the evidence which has been given, was foully and cruelly murdered by the prisoner at the bar and his associates on the 4th of March, 1870, and that even the last rites of Chrittian burial were denied the poor clay of Thomas Srott, and the body was spirited away by the pri.-oner and his associates, and to this day it is a mystery nhere that body is. I am sure that there never was a clearer case, and it is your boonden duty to record a verdict of guilty' against the prisoner at the bar. Mr. Stewart Macdonald, junior Counsel for the Crown, then addressed the jury in French as follows, closing the case : — May it please Vour Lordship, (Jentlemen of the Jury : — After heating the able and long addresses 'delivered to you by the learned connsels for the defence, and also the able and elaborate address by the leading Crown Proseciitor. I ns junior counsel for the Crown address you with some reluctance. The tl ou^;ht struck me, while I was listening to the many legal points raised by the learned counsel for the defence, whether or not they were admiriible as reasonable objections in jiistificatiori of the foul deed committed on March 4th, 1870; in ree upon their verdicts, inconsequence of party spirit and prejudice being admitted into the secret circle. To men whose minds are well disposed, such as you appear to be, it is to be trusted that you will manly and nobly unite in the verdict on this important trial, thus showing to the world that notwithstanding all the influences brought to bear on your minds, that you came into this Court as jurors armed with that free spirit of determination to do justice which characterises every honest man, and as such you are asked as a right to agree upon your verdict. It is needless to tell you that the eyes of the world and of this community in particular are upon you in so critical and important a moment as the present, awaiting with breathless interest the results of your deliberations. It is now your duty to weigh cart fully all the evidence you have heard during this long trial, and if the evidence for the defence is found wanting, it will be a duty incumbent on you, both individually and collectively, and after a calm deliberation, to declare to this honorable Court that you find the prisoner at the bar, Ambroise Lepine, guilty of the crime of which he is charged in the Bill of Indictment found against him Eomewhat over a year by your peers the Grand .Jury, and for which up to the present time he has been awaiting his trial. You must discard all feelings of fear, favor or prejudice from your minds, and concentrate all your ideas upon the evidence which has been laid before you, anl if a reasonable doult arises in j-our minds as to the guilt or innocence of the prisoner, you are bound injustice and law to give him the benefit of that doubt. But that doubt must be well founded, not simply a doubt for an excuse to throw aside a simple duty, but that which will plead fairiy and justly in favour of tho prisoner. The case now under your consideration is without parallel in the history of British America. The result thereof will be echoed all over the civilized world, and whatever decision you may ccme to, it will be final and will be handed down to posterity. The learned counsel for thfe defence has endeavoured to show you that the so-called Provisional Government of which the prisoner was a member, was a legal Government, by way of a plea for the justification of the crime of which the prisoner is accused. Admitting by way of argument the legality and existence of such a Government, is there any reason that the powers of that Government should have been prostituted ? Scott's blood had no right to bo shed, or his death compassed by men whose whole power was of both doubtful and illegal tenure. That blood now calls loudly for justice, and you are the choseninstrumentsof the law for this purpose. " i Three objections in particular, amongst many others, have been raised by the defence. First — That Scott is not proven to be dead, because two witnefses heard the word.';, "1 say, I say," and, " Jly God, my God," spoken from the rough box called a ccffin in which Scott's body was placed when it was taken into the south-east bastion of the Fort. To that objection I would answer in this way. The Rev. Mr. Young, although not a medical man, has told you in his testimony that Scott could not survive after receiving three bullet wounds in the breast and shoulder, and also a revolver shot ia the head. If after this evidence the defence can say that he (Scott) is not dead, and can prove this statement by the production of his body alive and well, why then this charge of murder against the prisoner falls to the ground. There can be no two opinions with regard. 109 to this, the whole testimony proves the fact that he is dead, but to life only, and not to justice. Second — That if Scott is dead, the body was or has net been found, and no coroner's inquest held to determine the manner of his death. To this I will answer : The guilty parties have secreted that body, to which Christian burial was refused, and now try to shield their inhuman act by the admission of Scott's death in their second objection, but denying it in the first. I will leave it to you to say, for you are better able to judge, is Scott's chained and manacled body lying beneath the dark waters of the Rsd River, or is it not ? Evidence has been given to warrant this conclusion. Third — That the prisoner was President of the Council of War which con- demned Scott to death, and that he only performed a military duty under an acknowledged Government of the country at that time. What answer can be made to this objection, and to the mock trial, for mock trial it was. Why, Riel was the accuser, the chief witness, the prosecutor and the judge, and it was at his request that poor Scott was sentenced, whilst he was denied the right of presence at the tribunal which ordered his death in twelve short hours. Of whom did this so-called Court Martial consist? Why, gentlemen, it was com- posed of seven men who had been duped by Riel to imagine themselves a court of justice, and of this would-be court the prisoner at the bar was the leading spirit. Was it civilized justice when Scott was refused to have the evidence against him made known to him in his own language before he was sentenced? Was it the acts of righteous judges to refuse his petition in this respect, or was it the act of men who had ccoly and deliberately planned the death of a man of whose fearless character they stood in awe ? The prisoner at the bar unlike Scott has had a fair trial, has been defended by able counsel, and if he has to meet his inevitable fate, he will, unlike that of poor Scott, be given ample time to reconcile himself to his Maker,and implore for that forgiveness for his crime which cannot be given him in this world. If the prisoner stands in the felon's dock, you must bear in mind that it is not through a spirit of mere vengeance, but for the vindication of that law which say?, "Thoushalt not kill," and for the future peace and prosperity of this I'rovince and of the whole Nortli-Wcst Territories. And now, gentlemen, let us in a few brief seatences see how the evidence implicates the prisoner in this heart-rending crime. First — He appears as Adjutant-General, showing a little brief authority on everything that his perverted and tyrannical mind dictated. Second — The prisoners were released by his authority, and passes given them by his private secretary on his order to that ellect. Third — He presides at the so-called Court Martial and pronounces the doom which brings the thread of Scott's life to an untimely end. Fourth — He sternly despises the requests and earnest solicitations of Scott's warm friends to spire his life a few short liours lon^'er, that he might prepare for that terrible change from whence no traveller returns. Fifth — He takes away that life, but not yet satiffied with shedding blood, he denies Christian burial to the remains of the victim of his unrighteous passions. After doing all these, lie now wants to plead justification and innocence. So do all criminaJH when tliey are jjrought face to face with their ciinies and the Majesty of the law (OLsequent upon their committal. The day of retribution lias coin ; at last. .Jiintice has beim tardy, but sure no justitication olT<;red can he of any avail for the prisoner. I'ho law will have to take its course, and a Mon'a crimo must mvince will deliver his charge and explain to you the law in all such cases, and to him you will give that earnest attention which has characterised you throughout this tiial. I now conclude in the full confidence that after retiring and duly deliberating amongst yourselves, you will have no difiSculty and no delay in agreeing to a verdict of "Guilty" against the prisoner at the bar. It being five o'clock, the Court adjourned until Monday morniag at ten o'clock' when His Lordship said he would deliver Ins charge. Monday, November 2nd. On the Court meeting pursuant to adjournment, after routine, His Lordship delivered the following charge in English, sentence by sentence of which was translated to the Jury by Mr. Carey, Clerk of the Court : — THE CHIEF-JUSTICE'S CHARGE. In giving my charge to you, in consequence of some being on the Jury who do not understand English well, I propose to speak to you as shortly as I pos- sibly can so that you can hear every word. Mr. Carey shall transtate into the French language the words that I wish to speak to you. First, I remark that in the trial of criminal cases as well as civil cases, it is highly important to hear the most learned and able men as Counsels in the cause, to aid and assist the Court and the Jury. At the same time the Jury must not be misled. It is the province of the Counsel to argue and collate facts and circumstances of law, but never to give opinions — opinions as to facts are conclusions which the Jury must draw from the sworn testimony of the witnesses in the box, and the law must be pronounced from the bench for which the Judge is responsible. The old maxim is, the Jury are responsible to the facts and the Judge to the law. I shall discuss the questions raised on this trial on the record under Iwo heads : First, whether a homicide was committed on the 4th of March, 1870, if such an occurrence constitutes murder, and whether or not the prisoner at the bar was so implicated in that killing as to render him guilty of the crime charged on this indictment. Second, was there any act committed under the circumstances as to make it murder, and was it more or less intentional ? Are there any facta detailed before you on this trial which would justify that killing or that murder ? Was it done by such an authority and having cause under that autho- rity which in law would make it justifiable homicide ? I shall spiak to the latter proposition first, and in doing so I shall assume that the homicide did take place on the 4th Marcli, and I shall pass briefly over the history of events which led to that killing, always keeping within the limits of the evidence given in the witness box at this trial, not going out of it. We know as a matter of public re( ord on our ttate books that in 1868, the Imperial Government, the Hudson's Bay Company and the Canadian Government made arrangements for transferring the North-West country and Rupert's Land and the Indian Territory to the Canadian Government. As to the policy of that arrangement we have nothing to say on this trial. It was intended that thw transfer would take place and would be consummated on the 1st December, 1869, but circumstances traa- Ill spired which we know from the witness box, that it was not then done, and it in fact dfd not take place until the loth July, 1870. It is said before the month of October, 1869, certain persons in connectiuu with the Dawson Road had some small diflSoulties with some of the natives, but not worth speaking of. Whatever ■was the result of it. the des'gn of the Dawson Road was in the interests of the people here. Of course I rttVr to the road between this and the North-West Angle. We next learn from Father Ritchot that thne were som-i troubles about the transfer and the introduction of Canadian officials. It appears that the people at that time were armed with armband guns with the object and inten- tion of preventing the introduotiou of the Canadian officials. The Jury heard what he said with regard to the barricade at the Stinking and Scratching Rivers and the distribution of guards in different parts of the country, also the inter- ruption of the commerce of the country, the taking of twenty carts of Govern- ment stores, all of which was done about the 20th of October. About that time it would appear from the evidence there were some Government stores in the town, deposited in Dr. Schultz's warehouse. The result was, the first act was the taking of Fort Garry ; it was taken as I recollect about the 1st of November. From that it would appear that Col. Dennis was collecting forces down in the settlements on the west side of the Ri d River with the twofold object of forcibly introducing Governor McDougall and the protection of Government property at Schultz's. The next event was the surrounding of Dr. Schultz's house and the directing of ordinance and cannon so as to reach the premises. They surrounded the building and took forty-seven prisoners. These prisoners were taken to the Fort. It does not appear from any statement of the witnesses that Scott was among the forty-seven, it would rath-r appear that he was not taken along with them, but by himself, and he was put in the Fort as a prisoner at the same time. The next event that I shall call your att ntion to, from the statement of the witness, was the Convention of the 16lh of November. That convention was convened by a proclamation or public notice proceeding from the leaders of the movement, and called upon the English population to choose twelve delegates to meet twelve from the French population to deliberate on the affairs of the country. Just before the meeting of that convention Governor McTavish issued that proclama- tion which you have heard read (it is the one in which he states that they have taken public property and interfered with the mails). That convention met on the 16th of November, and after deliberating they adopted the Bill of Rights; we may call that for distinction the first Bill of Rights ; it was proposed to pre- sent that Bill of Rights to Governor McDougall, and demand a concession of those rights. I refer to the eviiience of Thomas Bunn. We do not know pre- cisely fiom the witnesses the reasons which prevented the delegates from going to Governor McDougall. It is stated that the reason was that some of the English deb gates said that the Govern >r could not grant these himself ; another party contended it must be secured with the solemnity of an act of Parliament before they were to be permitted to come into the country, so nothing was done and the resolutions of the convention itself full to tue ground. That disposes of that convention. Gentlemen of the Jury, you must be very patient while I go through ; and thut the utmost patience and caution are necesnary I need not say. The next thing we hear of in the evidi-nce is the meeting of the 19 h of January. That meeting was called by Donald A. Smith for the purpose of explaining his mission and to lay before them certiiin documents, among these the Queen's [)rij( lamation, all of which documents are hern fyled, and most of them yi'U have si en in the imblic prints. Tint meeting of the several speeches made on the 19th was aurneil over until the 20th. It was said by the wit- nes'CH t'l have bi;eu the largest meeting that they ever saw iu the colony, and apparently at that meeting the utrnosi harmony and good-will sey Kiirrn'-r, suppoed to be a spy. In a'l military movemenis spies aro liiiblo to be put U) deatii. I do not mli<'d lliat he did not deserve to be treated civilly, and called him a dog. Still Kcott persiHted in going duwii-HtairH, a scuflio then took place, in which Riel joined The door was Fhut ; Scott did notgo down." It is important to bear in mind that Murmy niiya that it whh in the evening about 8 or 9 o'clock, and the prisoner and < ''I)7o6eph Bcrthelet, whose name stands on the said Frencli list. 4. Because often the list of Jurors purporting to be the French list, having been gone through and exhausted by the challenges of the defence and the orders to gland aside by the Crown, the Court, instead of calling again the name of the first Juror remaining unchallenged on said list, as required by law and practice, directed the name of Duncan McDougall, which stood the thirteenth in the said French list, to be called, and allowed there and then the Crown to challenge peremptorily the said Duncan McDcugall as one of the Jurors of this trial, and the Court after the name of the said Duncan McDougall had been BO called and challenged, proceeded and directed to call the name of Moise Goulet, which stood the second on the said French list, the counsel for the defence having at the same time objected to this mode of calling the Jurors, Chaplead & RoTAt. Wmniplg, October 28th, 1874. Wkdnkbday, November 4th. After routine His Lordship Chief Justice Wood in passing sentence made the following remarks. (Owing to the discourtesy and ofliciousness of Mr. Sheriff Armstrong of Winnipeg, who refused to permit a shorthand reporter to occupy a positicn within hearing, the remarks of His Lordship were not taken down at the time, but were afterwards kindly furnished by a gentleman who happened to take some notes.) THE SENTENCE. ^ After the prisoner had been asked if he had anything to say why the sentence of the Court should not bo passed on him, and his counsel, Mr. Cha[ leau, had read a memorandum containing certain legal objections which His Lordship overruled, His Loidghip, amidbt the most profound silence and with emotions which he with difficulty suppressed, proceeded in a measured and solemn lone : — Pritoner, yon stand convicted of having, on the 4th of March, 1870, at Foit 125 Garry, in that portion of Rupert's Land which has since become the Province of Manitoba, murdered Thomas Scott. An unlawfal, ordinary homicide is a startling and shocking occurrence in a civilized and Christian community at any time, but the killinir of Scott is taken out of the category of common homicides. So dreadful and so horrible was it that even those who at first felt disposed to sympathize with the cause of the insurrectionary movement would not believe it possible until the dark deed was perpetrated. The knowledge of it sect a thrill of horror throrghout the Dominion of Canada and the civilized world, and struck the hearts of ihe settlers of Red River with shuddering terror ; and although now over four years have passed away, that crime is still re- garded by the people of Red River and the Dominion of Canada with unabated abhorrence : and not a solitary individual has ever dared to speak or write a single sentence, I will not say in justification, but even in extenuation, palliation, excuse or apology of its enormity ; and the evidence given on your trial, instead of relieving, has added to and increased the dark shadows surrounding that awful tragedy. A jury, the majority of whom are natives of Red River, for two weeks have patiently listened to all that could be said in your defence. Your counsel, most sympathetic, learned, able and eloquent gentlemen, have done all that could be done in your behalf. In your defence they were allowed the widest latitude ; but to the credit of human nature and to the honor of the profession be it said, during their entire defence they had not one syllable in justification or apology to offer for the awful crime of which you have been convicted. They did for you all that great ability and great eloquence with the greatest liberty of defence could accomplish. The question of your guilt or innocence was fairly left to that jury by the Court — your counsel having taken no exception to the charge. That jury have pronounced you guilty ; and I must say I do not well see how they could have done otherwise. Indeed I do not believe twenty respectable French Melis can be found in the whole Red River Settlement who would not have come to the same conclusion — and who do not now approve of the verdict of that jury — whatever native Canadians may say in respect of it. 5fou can claim no consideration on the ground of ignorance or misapprehension. P6re Kitchot swears he advised you and others of the risk and the danger you incurred in the movement in which you and your confrhrei were engaged. Long prior to the commission of this offence, you had before you the Proclamation of the Governor General, issued by the order of the Queen, forgiving you and your associates in treason all you and they had dono up to that time ; pi o>:i1±:, Fi-oprietor. /I FIRST-GLASS HOUSE WITH A WELL FURNISHED BAR GOOD iv.TXE:wruikwcE:, And all the Delicacies of the Season.— MEALS AT ALL HOURS. HEAD-QUARTERS' HOTEL, E. W. WEED, Proprietor. BRAIHERD, MITOESOTA. ONLY FmST-CLASS HOUSE IN THE CITY. All trains arrive at and depart from the door. Travelers to and from all points in Manitoba and the North-West will find the HKAD-QuAKTEuy suitable in all respocte. MERCHANTS' HOTEL, ST. 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We invite orders from all parts of the Dominion, and are even prepared to send our pro- TT;cj. UNIVERSITY OF CALIFORNIA LIBRARY Los Angeles This hook is DUE on the last date stamped below. Form L9-75m-7, '61(0143784)444 K 39 REGIONAL LIBRARY FACILITY AA 000 628 750 2 fi-