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t«<«-O^X»»j

From the injurious and unwarrantable remarks
which appeared in the Colonial Advocate, and in the
Obsorver, relative to a conversation which took place
between Mr. Willis and myself on the 18th June last,
I am compelled, in my own justification, to give you
a statement of what actually did occur at that time,
and to make some remarks :ipon charges which have
been advanced since. To those who know the cha-
racters of these two papers, and who know me per-
sonally, a statement of the kind, which I am now go-
ing to offer, would be quite unnecessary, but to those
who are unacquainted with me, and who, perhaps, know
bttle more tl.an the names of the journals 1 allude to,
the following statement may be in some degree useful!

I must add, however, that the Editor of the Cana-
dian Freeman has beheaved with more justice on this
occasion, in forbearing to state the particulars of the
case until he has heard both sides of the question,

Being aware that Mr. James Givins, who Mr. Jus-
tice Willis had informed me was to act as his Clerk
on the Eastern Circuit, had business to transact in the
District of London about the time the Assizes would
be held there for the present year, I asked him whether
he would not rather prefer accompanying my Father
on the Western Circuit, ^9 Clerk cf A^jzr^^ ^g i yrg^

■"»51

quite anxious to affect a change, if|)ossibie,my Father
being desirous that I should be present at the trial of
an Ejectment cause, in the District of Batiiurst, in
which he himself was concerned, merely to prove a
demand of possession previously to suing out process.
I informed Mr. Givins, that 1 perfectly well knew the
Eastern Circuit to be the more lucrative of the two,
and that I would give him the difference, to which ar-
ratlgement he assented. I then communicted the cir-
cumstances to Mr. Willis, who expressed himself high-
ly pleased with the charge, and stated iiis entire sa-
tisfaction of it to several of my friends. Nothing
transpired for some time, and I took it for granted,
from what had passed, thai it was finally settled I
should accompany Mr. Willis as his Clerk ; indeed
he himself mentioned to my Father that such was the
arrangement. During the sitting of the Legislature my
Father received a letter from Mr. Willis stating, that
he had determined not to take me for his Clerk, as a
cause would come before him to be tried in which my
Father was interested, and that he did not wi?': the
purity of his motives in the least suspected. • Howe-
ver, before the receipt of this letter, my Father had
come to the conclusion not to allow me to act in this
situation for him. The arrangement, I have just
mentioAedj became the subject of conversation be-
tween Mr. Willis and my Father on the first day of
last Trinity Term, when, I am informed by my Fa-
ther, that he stated, he would not take me on the Cir-
cuit as his Clerk of Assize " <m any account^'' insinu-
ating, as my Father uhdereitood from his words and

;(

my Father
the trial of
(athurst, in
to prove a
ut process.
II knew the
of the two,
> which ar-
ted the cir-
nselfhigh-
I entire aa-
Nothing
)r granted,
y settled I
k ; indeed
ch was the
slature my
ating, that
!^ierk, as a

which my
t wi«^h the
. • Howe-
bather had
act in this

have just
nation be-
irst day of
)y my Fa-
il the Cir-
/," insinu-
KTords and

manner, that he knew something to the prejudice of
my character. I instantly determined, for my own sa-
tisfaction, (and that I might convince my Father that
there really was no ground for such an objection) up-
on asking Mr. Willis his reason for what he had said.
I also intended to take the precaution of having a
third person present when I spoke to him, for fear
that he might afterwards make some improper state-
ments, which he has most certainly done, but observ-
ing him standing alone upon the Bank of the Bay, I
unfortunately addressed him without carrying this pre-
caution into effect. I asked him his reasons for my-
ing what he did, respecting me, to my Father 1 — To
which he replied, that my conduct had been so par-
ticularly bad, that he had seen me in the street
(pointing towards his own house) in a state far from
being sober. I told him that it was not the case,
(which I now possitively assert) and that I would not
descend to act as his Clerk, and further, that I might
at some future day have it in my power to demand
satisfaction from him, as a Gentleman, for the ground-
less aspersions and insinuations which he had thrown
out against my character. He told me to be cautious,
that he might be under the necessity of taking steps
against me, that I might afterwards regret. I told
him, that he was at full liberty to do whatever he
pleased. He then asked me to walk with him to the
Police Office, which I declined doing, saying, that he
might go and make his compkiint> and that ! would
be ready to answer it at any time.* At that moment
Lady Mary Willi* came up to us. He directed her

<miMi,

to send immediately for a Constable, that there was a
" Jfaw" here who talked about satisfaction. I said,
Sir, you know perfectly well the satisfaction I mean,'
it is that which one Gentleman has a right to ask from
another when ho has done him an injury as you have
done me, but your standing in society precludes mc
from claiming that right. He then left me, in a most
violent rage, in quest, I supposed, of a Constable I
was afterwards informed by Mr. Widmer, that he had
made his complaint to him as a Magistrate, and re-
quested him to call at his house, and take his deposi-
tion. In pursuance of which lie did call, but by that
time Mr. Willis had altered his mind, and in order to
create more noise and trouble, had. determined to
make a complaint against me to the Government.
For that purpose on the 18th Juno last, he directed a
letter to Major Hillier, requesting him to lay it imme-
diately before His Excellency the Lieutenant Gover-
nor, stating in a most unfair, uncandid and improper
manner, the subject of the conversation which took
place between us on the day before, and making othe*^
accusations against me equally unfounded, and such
as he ought not to have made, because he must have
known them to be untrue. He most unfairly pervert-
ed what I had said, so as to answer his own purposes.
He stated that, I said "I might find a time and place
where I would demand satisfaction," giving His Ex-
cellency to understand that, I intended to take some
unlawful advantage of him when an opportunity might
occur. This statement was unfair because it was
untrue. These statements of Mr. Willis were put

into ihc hands of llic Attorney General for the pur-
pose of investigation, and being called uj)on to answer
them, I learned the fact of Mr. Willis' having insinu-
ated that, I would perhaps take his life (for no one
could misunderstand his meaning,) I wrote to him in
consequence the following letter as a second explana-
tion of what I had already said to him.

Sir,

York, June 33, 1828.

From a communication which thq Attorney Gene-
ral has had with me upon the subject of a conversa-
tion which took place between yourself and me, on
the 18th instant, T find you have made such a state-
ment as conveys the impression that, I had demanded
satisfaction of you, for an injury to my character, in a
manner that, might imply a threat of improper pro-
ceedings on my part. I beg to assure you that you
have placed a wrong construction • -.on my words,
which I was very particular to guard t»^ ainist express-
ly. I never could by any possibility so far forget my-
self as to threaten a Judge of His Majesty's Court of
King's Bench, or to call upon him for satisfaction in
the ordinary sclsc of the Term. Had I done so, I
should equally have forgotten my own situation and
yours, and should have acted in a manner which I
freely confess would have been most improper. I ac-
knowledge having said, under the influence of what I
considered great provocation, that you might at some
future day be placed in a situation, when I could claim
satisfaction from you as a Gentleman— that your pre-

ii:

\
I

sent standing in Society precluded me from doing so
at this time.

The above explanation I gave you in the presence
and hearing of Lady Mary Willis, who came up to us
at the close of the conversation.
I am, Sir,

Your obedient Ser\'ant,

H. SHERWOOD.
To Mr. Justice Willis,

His conduct was such upon the receipt of this let-
ter as to create suspicion m the mind of the person
who delivered it, and in the minds of his own ser-
vants that 1 had been taking another improper and un-
justifiable step, in order, os 1 supposed, to strengthen
as much as possible the feeling in his own favor which
he thought had bcc. produced by the false and scan-
dalous accounts published to my prejudice in the Ad-
vocate and Observer ; but for this there were likewise
no grounds. In his letter of the 18th June last,
which I have already mentioned, he stated that, "a
" man by the name of Scanlan, came to him on the
" 2nd June, to complain of me and other young men,
" having on the Friday previously broken his win-
" dows," when at the same time he knew the com-
plaint to be absolutely false, and had expressed his
conviction of its falsity as will appear by the following
statement of William A. Campbell, Esquire, Clerk
of Assize for the Home Circuit.

" Some time in the early part of this month, I met
Mr. Justice Willis in the public street, who mentioned
to me that a man by tbe name of Scanlan had made

«7

a coniplainl to him, ugaiiist myself, Mr. II. Sherwood,
and others, for breaking his windows a few nights
previous to this— I informed Mr. WiUis that there was
no truth in the statement, to which he replied, that
he had never believed it,— that he now felt perfectly
convinced of its falsity, and advised me to take legal
proceedings against Scanlan, for circulating so false
a report."

Wjrt. A. CAMPBELL.

York, June 20th, 1828.

But the inconsistency of Mr. Willis' conduct and
statements will be very evident when I state, that he
not only had admitted to Mr. Campbell his conviction
of the groundlessness of Scanlan's complaint, and
recommended him to prosecute the author of it ; but,
the person with whom, he expressly proposed to re-
place me as his Clerk of Assize, was the same Mr.
Campbell who was just as much implicated in Scan-
lan's charge as I was. Mr. Willis also states, that
" I was on ^f those recently convicted before him of
« the Type Uiot," I must confess that I am a little as-
tonished at the reference Mr. Willis makes to my
being one of those recently convicted of the Type Riot
before himself. A few months after Mr. Willis' ar-
rival at this place, he formed an acquaintance with
mo, which was quite unsolicited on my part, and while
we were living in the strictest intimacy he frequently
conversed with me upon the subject of this trespass,
and stated in terms thftt could not be misunderstood,

that he r,.-;re((«J the forf example ; l,„t ,I,,1 „„, , ,„,
mo n.,rt the ,>i|,<.r„ conccrnd a. .11 „ . """•

enter into .1... f ,!'"""'"'''"■ "'''"■'"mscif could
enter into the feehngs which prompt-od m on il.ni
occasion, „„d „,,„„ ,,„ „„^ .„ ^ _^ ^^^^ «" "

.hat occurred a. ,h„, ,i„c, which ho had leurnod L"l

ho pub ,c pr,„,s, and fr„„ „,„,, ,„ „,,„„„ ^^^'^l^'"^

nded fn„„d.hip, he kindly oflcred to „„i,„ ^\!Z

ud,es „,,d to ,»o his host exertions to go I on ^

Itfe and frequently ,p„ke „f „, ,„ „ ,>„,,'^^\™

of the grossest adulation. He was then „r

childhood, and so far lost Zl of ,T ™ '"^
tween us wl,;..!, i ^ '^ "'"" •''■'tance be-

While c::;::rg:oX:t'i:Lr'''-^''^''" '''"■•

he did no. scruple to re ilo "" ^^"'"'' '"''' ''"'''
manner.gooda,.d^csperb!: r„::r^^^^^
him m rank, and to lavish ext ava JnT" ! ™

others against whom 1 sec him t„f„ ^'"''"^ "•""'
terate. The public are in fulT I """ "'"'' '"™-
;;ok place onL cHmLTprseroT'::!,:!; ^

imposed upon each of ,,/ A ''"^' '''"•^'' '«=

Excellency, an^ m wht^^l^ : ~^^^^^^^^^
JUS, recetved information, which I ha Xe'ry rt so"
.0 behove co„ect, that oa Thursday last, h/cn"

fl not hlnrnt
msolfcoultl
us on that
ision of nil
urned from
lie Imd prc-
it mo in my
t ntc on in
ds in terms
^f liie own
tl» me than
vi Ji whom
' from my
stance be-
eltor hini,
»t me, that
justifiable
ere above
ses upon
lost inve-
f all that
hich Mr.
rence of
tvhich he
lias been
' of Mr.
likewise
1 of His
"I have
f reason
(mean*-

;; ^^^.nyselO made useoi; and applied to mo,maIlu.

^^ <fcc. and said 1 was setting up the standard of rebel-

on and barang-i,^. the people against his Excel-

lency, and made other ohservations of the iiko ef-

;;rect even mfrontofthe Court House, ^and adds I

" from d n "' I "" ""'''' "' ^''"«^^ ^"^ "^^' - ^-^
om danger, and m a subsequent letter tc thp

A tt^ney Gene. ,,,, j^^^ ,^^. ,^^ ^ J^

sionsV h"" ' """"^ ''^'" calumnious expres-

y, and that Buckley'« statement was corroberated
^^-^^-^l^yTlnu>^^yMc?U.r.on, andBird, the

"B c lev H 7"' "'" """ '^'^"^"^'^ ^« ^-" by
Buckley. He also states in the same letter, that

subject. 1 hese charges I have been called upon to
explam and I declare them to be wholly fnlse, and t
IS fortunate for me, when a person in Mr. Wil is' sta-
t.on condescends to make such attacks upon me, that
ho has s.en lumself a latitude which enables m to

Bnd". ; "" "' '"^ P'""f^^« ^'--- Bird and
Bridgeland are known to be honest men, and to them
as well as to Mr. ^mall, I instantly refe red Mr wT
hs statement. The. statements will shew the rl t
of the reference, and when I add, that Bird and Brid ^e-
and are persons with whom I have never scarcely
had occasmn to speak on any subject, and that Mr

!ui Mr W r '' '^'" ''''''''y friendly terms
with Mr, Wilhs, I am convinced these documents will

1 :

U-.--'

iilf

appear satisfactory, and will prove what grounds Mr,
Willis had for asserting that the falsehood was corro-
berated by Bird, in his presence.

Upper Canada, \ John Bird, of the Town of York,
Home District. I in the said District, Yeoman, ma-
kfcth oath and saith, that he never heard Henry Sher-
wood say, either in front of the Court House or any
where else, that " Mr. Justice Willis was raising the
standard of Rebellion in the Province," or say any
thing at all, in the slightest degree prejudicial to Mr.
Willis; that a man by the name of Timothy M'Pher-
son, as tliis deponent is informed, told him that he
had heard Henry Sherwood say, in front of the Court
House, in the presence of James E. Small, Esquire,
that " Mr. Willis was raising the standard of rebel-
lion in the Province," or words to this effect;— that
the said Timothy M'Pherson has several times en-
deavored to persuade him, this deponent, that he,
this deponent, heard the said Henry Sher.vood make
use of such expressions,— that a man by the name of
Nathaniel P. Buckley, a Clerk in the Crown Office,
as this deponent is informed, requested him, this de-
ponent, to go with the said Buckley before Mr. Jus-
tice Willis, which this deponent did— where he found
the aforesaid Timothy M'Pherson, and in the pres-
ence of the said M'Pherson and Buckley, this depo-
nent informed Judge Willis, that he never heard Hen-
ry Sherwood say any thing against hira at all ; and
this Deponent further saith, that the said Nathaniel
P. Buckley also wished to persuade this Deponent

mds Mr.
as corro-

i of York,
man, ma-
nry Sher-
ise or any
aising the
[• say any
ial to Mr.
f M'Pher-
n that he
the Court
, Esquire,
I of rebel-
iect ; — that
times en-
;, that he,
;ood make
le name of
wn Office,
m, this de-
3 Mr. Jus-
e he found
1 the prcs-

this depo-
leard Hen-
at all; and

Nathaniel ^
3 Deponent

that he had heard the said expressions, as mentioned
by Timothy M'Pherson, and wished him, this depo>
nent, to make Affidavit to that effect— which this De-
ponet dechned doing, as he had never heard any thing
at all, and couW not do so with truth.
Sworn before me, at York, aforesaid,

this 21ih day of June, 1828.
(Signed.) G. POWELL, J. P.

(Signed.) JOHN BIRD.

The expressions said to have been made use of by
Mr. Henry Sherwood, in my presence, in the above
Affidavit, are entirely incorrect. — Nothing to my re-
collection, foil from Mr. Sherwood but what was
strictly respectful to Mr. Justice Willis.
York, June 27th, 1828.

(Signed.) JAMES E. SMALL.
Upper Canada, ) James Bridgeland, of the Town
Home District. ] of York, Yeoman, maketh oath and
saith, that he never heard Mr. Henry Sherwood say,
either in front of the Court House or any where else,
that "Judge Willis was raising the standard of Rebel-
lion in the Province," or make use of any expressions,
at all to the prejudice of Mr. Justice Willis ;--that a
man by the name of Timothy M'Pherson, as this De-
ponent is informed, told him that he had heard Mr.
Henry Sherwood say, in front of the Court House, in
the presence of James E. Small, Es^;>iire, that "Mr.
Willis was raising the standard of Rebellion in the
Province"— or words to this effect.— And this Depo-
nent further saith. that he informed the said Timothy

< 'til

1:1 -

1 I ■

11/

M'Phereon and Nathaniel P. Buckley, that he had
never heard any conversation of the kind.
Sworn before me, at York, aforesaid,

this 27th day of June, 1828.
(Signed.) G. POWELL, J. P.

(Signed.) J. BRIDGELAND.

jVrPherson, the person mentioned in those Affida-
vits, is a man of a notoriously bad character, who
has been frequently committed to Gaol, for insolent
and improper conduct; and Mr. Willis could httvo
learned his character from almost every person in
Town. He is a man with whom I have never spoken
a wore in my life.— Nathaniel P. Buckley, the other
person mentioned, now a Clerk in the Crown Office,
came out from England as a Servant to Mr. Willis ;
and whether from motives of gratitude, appears, from
this and other complaints of Mr. Willis', to have
made it a practice of repeating to Mr. Willis, every
idle tale he hears to his prejudice, even such as arc
spoken of in the Crown Office ; and if he did state,
what Mr. Willis says he did, (which I very much
doubt) he has made a statement utterly destitute of
truth.

M'Pherson had not the hardihood to say my con-
versation was directed to himself, but in order to
make his story bear the semblance cf truth, and that
my words should appear to have the eftect of doing
Mr. Willis a greater injury, he supposed it necessary
that I shquld have made use of the expressions " Ras-

■■^

that he had

ELAND.

hose Affida-
racter, who
for insolent
could htCV'o
\f person in
lever spoken
;y, the other
•own Office,
Mr. Willis;
)pears, from
is', to have
V^illis, every
such as arc
le did state,
very much
destitute of

lay my con-
in order to
h, and that
ct of doing
it necessary
iions ^'Uas-

caj;' &c., before mentioned, to some more respecta=-
ble person ; and having observed James E. Small,
Esquire, the acting Clerk of the Crown, and myself
standing together in front of the Court House, he
seized upon this incident as a fit ground to devise; a
most infamous falsehood.— He stated to Mr. Willis
that, I made use of the expressions of which he com-
plains to Mr. Small, who was then, and now is, on
fnendly terms with Mr. Willis, and o£ whom Mr.
^^ ilhs made immediate inquiry, and was informed
by Mr. Small, that there was no truth in what Mc-
Pherson stated; and was further informed by him.
that M'Pherson was a man of a very bad character-
entitled to no credit whatever.

To these assurances Mr. Wilhs thought it justifi-
able to pay no attention, but persisted in givino- pub^
licity to the statement of a man who cannot bo be-
lieved, in preference to that of three persons of in-
tegrity and undoubted veracity. I appeal to every
honest man in the country, and ask if Mr. Willis has
substantiated a single one of his allegations a-ainst
me, and rather if he has not made most unfounded in-
smuations prejudicial to my character, for purposes
which I can easily understand. These reiterated ca-
lumnies, as I have proved them to be, have destroyed
my respect for Mr. Willis; but, I respect, as much as
any other member of society, the situation which
he lately filled. That situation can give him no ri^ht
to slander his fellow subjects, and if he does so,1ie
cannot expect that they will be restrained by any re.
gard for the rank, from meeting his attacks, or the

A :;

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iii

calumnies which his groundless charges have given
rise to. He has plainly and openly asserted, that since
the late assassination of the unfortunate nnan in the
public street, circumstances have transpired to cause
him to suspect " that hia life is not safc,''^ and he
connects this cruel and aggravating insinuation so
closely with my name, as to leave the public to infer
what he dare not assert. He insmuates he is fearful
I will take Iris life, yet he does not think it necessary
to have me bound over in sufficient sureties to keep
the peace, as he legally may do, and as every man
would do, who was sincerely apprehensive of losing
his life. Directly after the conversation between Mr.
Willis and myself, his first impulse, before he allow-
ed other feelings to predominate, was to apply to a
Magistrate, which I have already mentioned, but he
thought his ends would be much better answered by
complaining to the Governor, who cannot possibly af-
ford the necessary relief in such a case, and to whom
he has openly stated his fears — but not content with
proceeding thus far, he now, it seems, sends to His
Majesty's Principal Secretary of State for the Colo-
nies the charges which, I think, I have very satisfac-
torily shewn to be utterly untrue. Is this the con-
duct, I will again ask, that a man really apprehensive
of losing his life would pursue ^— or may 1 not very
justly ascribe it to a desire of gratifying the worst of
feelings at any hazard, and with whatever injustice 1
I have been born and brought up in this Province ;
I have lived four years m this society, where' I must
be perfectly well known ;— Have I ever been fovin^

i have given
ed, that since
3 man in the
red to cause
i/b," and ho
isinuation so
ublic to infer
i lie is fearful
: it necessary
eties to keep
IS every man
ive of losing
between Mr.
ore he allow-
to apply to a
oned, but he
answered by
)t possibly af-
and to whom
content with
sends to His
for the Colo-
very satisfac-
this the con-
apprehensive
ly I not very
I the worst of
^er injustice t
his Province ;
where' I must
3j: been foiin^

to indulofc in habits of intemperance, even by my as-
sociates and schoolfellows ?—- -Have I ever been thought
a person wiio would commit assassination ? — Have I
ever been known to injure the character of my neigh-
bour by word or deed ?— No, God forbid !— Yet Mr.
Willis has the presumption to insinuate all. I am
well known here — my standing in society is a suffici-
ent proof of my good behaviour. I have relations
and friends holding high and respectable situations
under the Government, whose loyalty and attachment
to the British Constitution were never doubted ; and
I am perfectly willing that my character shall under-
go as strict a scrutiny as Mr. Willis'— I may be
thought to have expressed myself strongly, but I have
written as I feel, and Mr. Willis must know and feel
how much more I might have said with truth and
justice.

H. SHERWOOD.
Since preparing the above statement for publica-
tion, I have seen in the New York Spectator an ex-
tract taken from the Colonial Advocate, containing
the misrepresentations I have eluded to, on the sub-
ject of the conversation which took place between Mr,
Justice Willis and myself, which induced me to ad-
dress the following Letter to the Editor of the New
York Spectator :

To tlie Editor of the New York Spectator.

York, 16th July, 1828.
Sir,

Y^ou have made an extract in your paper of the 8th
July instant, from the Colonial Advocate, in which I

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am stated to have grossly insulted Mr. Justice Willis,
with many other misrepresentations highly prejudicial
to my character. I now tell you that, the statement
to which you have ventured to give publicity is utterly
untrue. How the conductor of so respectable a paper,
as the New York Spectator, would presume to vilify
the reputation of any member of society, from the
statement of so flagitious and vile a person as Mc
Kenzie the Editor of the Advocate, is to mc astonish-
ing. — His unprincipled character must have been well
known to you long ago. It is so notoriously worth-
less, that no conductor of any useful and respectable
press, either in Upper or Lower Canada, will give
credence to any thing he asserts. Those who pretend
to place reliance on his statements, are men who will
catch at any thing to injure the character of reputa-
ble and good individuals, not that they belif ve 31c
Kenzie, for they are perfectly well aware at the time,
that they are disseminating malicious falsehoods.

A statement of the conversation which took place
between Mr. Willis and myself, at the time alluded
to, in the extract from the Advocate, is now in Press
and will shortly be sent to you ;--in the mean time I
beg you will insert thi^ Letter in your paper,
I am,
Sib,

Your Obd't. Servant.

H. SHERWOOD.

cc Willis,
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is utterly
e a paper,
3 to vilify
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astonish-
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ly worth-
spectablc
will give
a pretend
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