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TRIALS ^^^"^
OF
GEORGE FREDERICK BOUTELIER
AND
JOHN BOUTELIER,
FOR THE
MURDER
OF
FREDERICK EMINAtJD,
9^T01t.t
A fp«cial Court of Oyer and Terminer and general Gdal Dfelivery,
HEtD AT
LUNENBURG,
lit AND FOR TH*.
COUNTY OF LUNENBtfRG,
PROVINCEoF NOVA- SCOTIA,
AT THE '
COURT - HOUSE in the TOWN of LUNENBURG^
ON
WtJnefday the 4th of May, 1791
By JAMES STEWART, Esquire,
er COUNCIL for the prosecution.
HALIFAX:
PRINTED BY JOHN HOWE, IN BARRINCTON-STREET.
M.DCC.XCr.
i
•'
• . '
*
T
ever
in la
fello
_r
L^-3 5?/
N»
INTRODUCTION.
THE following Trial has for its objeft the difcovery
of a crime the rnoft atrocious, of the kind, that
ever the depravity of human nature could juftify one man
in laying to the charge of another. The killing of a
fellow-creature, though unaccompanied by circumftances
of malice or cruelty, always fhocks the mind, even upon
recital, and, when accompanied with fore-thought and
barbarity, and charafterized by the name of Murder,
never fails to raife in us the feelings of indignation and
abhorrence. — But in the prefent inftance our emotions are
carried ftill farther i-«-we are not only ftruck with the
enormity of the crime itfclf, but view it attended by fo
black a train of concurrent aggravating guilt, that afto-
nilhment and terror are fuperadded to indignation and
abh.prrence.
When we reflcf^ upon the deliberate malice with which
the d'Ccd has been meditatedj planned and perpetrated ;
when we confider that it had been the determination of
fome months ftanding, and that a week's journey, at an
inclement feafon of the year, through the moft defert
parts of the country, had been undertaken for the ex-
prcfs purppfe of executing the abominable fcheme, and
when we view the obftinate malignity of the perpetrators,
whofe flinty hea,rts neither the kind reception nor cordial
friendfhip of the deceafed and his family could foften or
fhake from their diabolical parpofe, with all tlie concomi-
tant circumftances of their guilt, we paufe with amaze-
ment ac the ad !
To offer any further comment upon the atrocioufne's
of the crime is unneceflTary. The unhappy objedts of
this Trial have fuffered the laft punifhmeiit of the law,
and by a voluntary confelTion of their guilt and by every
proof
^1
[ " ]
proof of contrition have afforded all the fatisfaftion in
their power to the juftice of their country. For this fatis-
faction >*'C are indebted not more to the perfeverance and
ability of the reverend Gentleman who fo humanely and
aflfiduoufly attended the wretched fuffcrers fubfequent to
their fcntence, than to the pious and judicious exertions
of our worthy Chief Magiftrate, whofe condufb, on this
occafion, prepared the way for the facred minil^ration,
and fully manifeHed, what it has fpoken on all others, a
dete-rmincd adhcrenceto juftice, conjoined with fentiment«
of the tendereft regard to the rights, liberties and hap«»
-pir.ijis of his fcllow-fubjeds.
THE WHOLE PROCEEDINGS
On the/pecial CommijUion of Oyer and Terminer and Goal
Delivery, held at Lunenburg, in the County of Lunen-
burg, in the Province of Nova-Scotia, on Tu<:Jday% Wed*
nejday, and Thurfday, the ^d, /^th, and ^tb Days of May ^
1791, before the Honorable Thomas Andrew Strange,
Chief 'Jujlice, and Mr. Juflice Brenton, with Johm
Creighton and Christopher Detlif Jessen, Efq*rs,
both Jujltces of the Peace, and Judges of the Inferior
Court for the faid County, and Gentlemen named in the
fpecial Commiffton j containing the Trials of George
Frederick Bouteltsr and John Boutelier, /cr /^<p
Murd'-:r of Frederick Eminaud,
ON Tuefday the 3d of May, about the nour of two *m
the afternoon, the Connmiflioncrs being met in the
Court-houfe at Lunenburg, and the Commiflion having
been read, the names of the following gentlemen of thq
Grand Jury were called :
E. James, Efq; Foreman,
James Paterfon,
John Anderfon,
Robert Lord,
James MT anald,
Adolf Newman,
Cafper Heckman,
Thomas Pennell,
Chriftian Born,
Andrews Young,
Cafper Gloflien,
Edward Kcighly,
John Morafh, ferv,
Peter Morafli,
John Morafh, jun,
Theodore Naw,
Gotlicp Harnifh,
Peter Arenberg,
Seth Bailey,
Wendell Weft,
and the fame having been fworn, the Chief-Juftice de-«
iivered the following Charge :
Gentlemen of the Grand Jury,
YOU are here aflembled to difcharge a duty, yi its n*-'.
ture at all times grave and important ;— upon the prcfent
pccafion, the moft ferious and affeding, that can be well
itated to the human car. For, as it is, upon the one
hand^
[ 2 ]
hand, to enquire concerning the blood of pcrfons fuppo-
fcd to have cooie to their death by means, and in a nnan-
ncr, the very fecrccy of which, has naturally ftruck terror
into the minds of the country j fo is it, upon the other,
to put the fubjed upon his trial for a crime, a due
ionviSiiott of which admits not a poflibility of mercy here
upon earth i fipce, whatever differences of opinion may
have fubfifted as to thepunifhment of other offences, the
crime of Murdery coming home, as it does, to every man's
cxiftence, crying in every ear, and exciting but one fym-
pathy in every bread, the praftice of mankind, in con-
formity with the exprefs law of God, has invariably pur-
sued with death.
His Excellency's paternal care for the welfare of the
province, would not permit him to fuffer fuch a cry to
remain longer unexamined into, than the immediate en-
gagements of the term at Halifax obliged him to wait, for
fuch affiftance in the profecution of it, as the Supreme
Court could furnilh : And he has, accordingly, loil no
time, in adigning my learned Brother and felf, (joining
with us, for our affiftance, the refpedable Magiftrates
vyho fit befide us) to enquire into it, for the faiisfa^ion,
as well as for the convenience of the country, upon the Jpot.
For this purpol'e, we are inverted with, and you are af-
fembled undtr, a coinmiffion, empowering us, with the
intervention of j^raper juries, to hear and determine of
fuch crimes and offences, as may be objedled againrt;
perfons now in the county goal, ana to deliver the fame.
The firft ftep, therefore, now, in the execution of it,
will be for you, Gentlemen, with a view to enquiry, to
receive information, upon oath, from fuch as 0?all be pre-
pared to give it to yoUj of whatever offence or offen-
ces, cxift to be cbjedfd to any, that are now in yoi)};
county goal.
Though the eommiffjon has a wider fcope, \ need
fcarcely inform you, that its main obje6t is, to enquire
concerning the blood of an unfortunate family, late no
more in this part of the province, fuppofed to have come
to their death, by Murder,
Without entering into a nice expofition of the feveral
definitions or defcriptions of murder, as they are found
in
1
[ 3 ]
in the old law-books, v/hcrc the wickcdnefs of the a6t is
aggravated by the circumftances of fecrecy, or treachery,
murder has been long fince fettled, to be the voluntary
killing a perfon, of malice prepenfej though certainly
that which is either fecrec, or treacherous, in proportion
as it becomes lefs eafy to elude, and more difficult of de-
teftion, is, in its nature, infinitely more alarming and
odious.
For this rcafon, of all modes the moji detelVable is poi-
fon ; and the murder of perfons (landing in particular re-
lations of confidence to the murderer, takes a higher caft
of guilt, and is denominated petit-trea/on.
Thefe fpecific aggravations do not, that I know of*,
exift in any cafe that is likely to come before you : But
if any thing like them exifts, thefe fervc beft for illuftra-
ticn.
What the particular circumftances may be, from which
it (hall be propofed to you to frame a charge of this
offence, againft any perfons now in cuftody, as far as they
have come to nriy knowledge, 1 leave to be colleded by
you from the witnefTes, and forbear to anticipate ; beta-
king myfelf rather, to what is giore peculiarly the pro-
vince of the Court in this ftage of the proceedings, i, e,
to give you a fhort direftion, upon what principle you
will do well to govern yourfelves, as refpefting the evi-
dence that (hall be laid before you, in turning it into a
Bill,
That you come to this enquiry with no palTions but a
defire of public juftice, nor with any worfe fentiment than
that of an honeft indignation, at a fuppofed offence, of
the deepeft dye, 1 am fo convinced, that I have not a
Ivord to fay but in commendation of the motives, by which
I believe you to be aftuated, upon the prefcnt occafion.
Permit me oniy to entreat you, not to let that indig-
nation, which, as applied to the crime, is laudable, tranf-
port you too far, againft any who may be innocent of it.
At the fame time, if you have ground for a probable
opinion, that Murder has been committed, it is that cry-
ing offence, that will not fleep, but will have inquifition
made of it in open day.
In this cafe, lefs than dired and full evidence will be
Ct 1 PR r^'tanf
[ 4 ]
fufficicnt in point of law to juftifjr your prcfentmenti
made upon a faiisfadlion in your own confcienccs, that
there is fufficient and juft caufe, to put the party upon a
Trial. For it ts the part, and at the peril of every mani
to be fo clear in his conduft, as not to be the obje£k of
that /u/picion even, which is fufficient, in a cafe of blood,
to put the party to anfwer.
With this Charge only, I difmifs you to your office j
and God flireft you in your enquiries, and us in the ilTucs
of them !
The Court then adjourned to fix o'clock the fame even-
r-
""uejday. May 3^, 17 91. Six o'clock P. M,
The Court being again met, the Grand Jury returned
a Bill found againft George Frederick Boutclier, and John
Boutelier, for the murder of Frederick Eminaud, upon
"which the pcrfons fo indided (who were in cuftody) be-
kig fent for, and fet to the bar, they were arraigned j the
indi(5Vment fetting forth in fubftance :
THAT George Frederick Boutelier, and John Boute-
lier, not having the fear of God before their eyes, but be-
ing moved and feduced by the inftigation cf the Devil,
on the I9ch day of March, in the thirty-firft year of the
reign of our Sovereign Lord George the third. King of
Great-Britain, &c. with force and arms at Lunenburg, in
the County of Lunenburg, in and upon one Frederick
Eminaud, in the peace of God, and our faid Lord the
Kmg, then and there being, felonioufly, wilfully and of
their malice afore-thought did make an aflfault, and thac
they the faid George Frederick Boutelier and John Bou-
telier, and each of them- v.'ith certain large fticks of no
value, which they leverally in their hands then and there
held, him the faid Frederick Eminaud in and upon the
head, bread, back, belly, fides and other parts of the body
of him. (he faid Frederick Eminaud, then and there felo-
nioufly, wilfully and of their malice afore-'hought, divers
times did ftrike and beat, giving to him the faid Frederick
Eminaud then and there, by Oriking and beating of him
with the flicks aforefaid, feveral mortal ftrokes, wounds
and
[ 9 ]
and bruifes in and upon the head, breaft, back, belly,
fides, and other parts of the body of him the faid Frede-
rick Eminaud, of vhich mortal itrokes, wounds and
bruifes he then and there inftantly died.— And further.
That the faid George Frederick Boutelier and John Bou-
tclier did wilfully make an aflfault upon the faid Frederick
Eminaud, with a certain inftrument of wood and iron com-
monly called a Tomahawk, which he the faid George
Frederick Boute'ier in his right hand then ?nd there had
and held, and himthe faid Frederick Eminaud, in and up-
on the head of him the faid Frederick Eminaud then and
there did (Vrike and cut, giving to him with the Toma-
hawk aforefaid, in and upon the head of him the faid
Frederick Eminaud, one mortal wound, of which mortal
wound he the faid Frederick Eminaud then and there in-
ftantly died i And that the faid John Boutelier at the
time of committing the felony and mui'dcr aforefaid, by
the faid George Frederick Bouteliei in manner and form
aforefaid, felonioufly, wilfully and of his malice afore-
thought was prcfcnt, aiding, helping, abetting, aflifting,
comforting, and maintaining the faid George Frederick
Boutelier the felony and murder aforelaid.. in manner and
form aforefaid lo do, commit and perpetrate, &c. &c.
To this indifflment they feverally pleaded, * Not Guil-
ty }' and (upon a queltion put to them by the Coiirt)
having declared thcmfclves ready to take their trial, the
Court gave them notice that it would oe proceeded upon
the next morning at lo o'clock ; upon which rhey wer«
taken back to the prifon, and the Court adjourned to that
time.
IVedneJday^ 4// of May,
The Court being opened, and the priloners fent for^
and fet to the Bar, and infot mfcl of their right to chal-
lenge the jury, as they fhould come to the book to be
fworn, and one Matthew Emit only (who was upon the
Sheriffs panel, and called) having been accordingly
challenged by ihem, the following gentlemen were fworn ;
Alexander M'Neal, Chriftian Tanner,
Martin Minick, James Dorcas,
John Mci'cncr, Leonard Young,
B John
"•'' Kl
John M'Gregorj
John Hiltz,
Georse Bichler,
.0 ]
Edward Mullock,
Jofeph Bailey,
L.conard Arenberg^
The indi«5lnr!cnt having then been read over to thcju-
ry by the Clerk of the Arraigns in the ordinary way,
Mr. Stewart, as C .unfel for the Crown, opened the pro-
fecution by Hating, That George Frederick Bouteiier and
John Bouteiier, ftook indided by the Grand Inqueft of
the County of Lunenburg, for the Murder of Frederick
Eminaud on the nineteenth day of March laft ; that to
this indiftment each of the prifoners had pleaded, not
guilty, and had put themfelves upon God and their coun-
try for trial, totally denying the crinne laid to their charge
and trufting to an inference of their guilt or innocence
from the proof which wouid be produced on the pare of
the profecution and in fupport of their defence — That the
indidmcnt contained two Counts, the firll for ftriking and
beating the dcceafed with flicks upon the head, breafl,
back and other parts of the body and bv that nieans ai-
ving him mortal ftrokes of which he died ; — the fecond
for llrikingthe deceafed upon the head with a certain in-
llrument of wood and iron commonly called a tomahawk,
with which the prifoner George ftruck and killed the de-
ceafed, \vhile the prifoner John was aiding and afnfting ;
— that it was not necelfary under either of the two
Counts to prove the fj^ecific mode of killing laid in them;
—Thar evidence of a killing with any other Vv-eapon or in
any other mode would be fufficient to fupport the in-
diflment. Mr. Stewart then obferved, that to him was
afTigned the difagreeable taO^ of adting in behalfof the
profecution. As Counfel for the Crown, it was his duiy
to bring forward every circumdance of proof that could
in any degree tend to fuftain the charge againft the pri-
foners ; — He lamented however, that to cllablifli guilt up-
on a charge of fuch enormity the teflimony he had to pro-
duce was fnorr of pofitive proof, though he had no doubt
it would operate upon the minds of the jury with thein-
Ikience oi firongp-sjumptive evidence. To the Jury it be-
longed, as arbiters between the crown and prifoners, to
^veigh, with deliberate caution, fuch fa(fls as would ap-
pear on both fijies- and from thofe fafts alone to draw the
conclufion which was to fix the guile or innocence of the
\ prifoners.
[ " ]
prifoncrs. That under the oath they had tiikeh they
were to give a triie verdiSf according to the evidence ^ and,
though profecuting for the crown, he would take the li-
berty of cautioning them in a cafe of life and death not
to found their judgments upon furmifes, conjectures or
reports that had originated out of doors. That in dating
the fubftance of the evidence in fupport of the profecuti-
on he (hould confine himfelf ftridly to fuch matter as he
was confcious would be laid before them, and dtrciine
making further obfervation upon the teftim.ony than what
the duty of his office rendered indifpenfable. That being
a ftranger to the fituationof the country he could not be
lb well acquainted with many circumftances that would
♦urn up in evidence as the jury themfelves, and on that
account would be under the neceflity of leaving to their
confideration the chief fubjefls of obfervation and infe-
rence. That under the indidlment there were two fads
for their inveftigation i the fadl of a Murder having been
committed, and the faCt of the prifoncrs at the bar having
been the perpetrators of that Murder. That in deciding
thefc two important points they were to be guided by the
rules of legal evidence, of which there were two kinds,
pofitive and prcfumpiive. That pofitive proof was cer-
tainly the moft latisfadtory upon occafions of ferious en-
quiry and in this cafe it would be particularly \o ; bur that
the lecret perpetration of the crime had rendered fuch
proof inacceffible. That their verdia muft therefore be
founded upon prefumptive evidence alone of which there
were three kinds, lighty probable, and violent. That thi
firfl: in the eye of the law was of no confideration what-
ever i that the fecond depended vipor? the circumftances
compofing it and the judgments of thofe to whom ic
was fubmitted, and might on many occafions amount to
full proof; and that the laft was of icfelf equivalent to
pofitive evidence. That the major part of the fads that
would appear in fupport of the profecution would come
under the fecond clafs, and as fuch claim the mod pointed
attention and remarks of the jury.
Mr. Stewart then proceeded to the fubftance of the evi-
dence^ by dating, That on Saturday the 19th of March
laft, about four in the morning, »he houle of the decealed
was difcovered on fire ;— that his neighbours having re-
B 1 ceived
[ 12 ]
ceivcd an alarm, were aircmblcd upon thcoccafion bef<yc
the houfe, endeavouring to extinguifh the fire ; that, by
the time they reached the ground, little remained but the
chimney and a beam acrofs the cellar, the floor being
iunk i that their attention was direded, as if by the fin-
ger of Providence, to fomething lying acrofs that beam,
which by the help of a claw-hoe, they pulled out and
found to be the remains of the deceafed confifting of part
of the trunk, the limbs of which were entirely burnt off
and the infide confumed ; that this trunk lay with its back
to the beam prcferving a fmall part of its Iltin j that the
renriains of clothes were difcovered upon it, pan of a
waiftcoat, handkerchief, and (hirt, and that upon the
piece of the (hirt were diflindly difcerned feveral marks
.0^ blood ; that fufpicion increafing with the dawn of day,
they made further fearch about the fire and at length
found the hat of the deceafed lying within a few feet of
the door, and a quantity of blood within four or five feec
of the hat ; circumitances of this alarming nature could
not but imprefs the mind with the ftrongeft probability
of violence having been committed.
Mr. Stewart remarked to the jury, that here reiUd the
full amount of the evidence he had to produce relative to
thii fa^ of ths murdery and he left to their judgments to
range it under what degree of prefumption they thought
proper, according to the diftindlion he had laid down to
them and the oath they had taken. That for his own
part he had already given it its full confideration and
could not hcfitate in pronouncing that the prefumption
of a murder having been committed was in his mind
vioknt. Thar the tnormity of it ftruck at the boafied
dignity of human nature and called forth every means of
exertion to wipe off the general ftain and fix it upon the
inhuman individual. That it would be unneceffary to
define or comment upon the crime ; the feelings peculiar
to the heart of Man would anfwcr every purpofe of defi-
nition or remark. — It only remained, therefore, for him
to (late the evidence in fupport of the fecond point and to
guide the jury by every pofiible legal evidence in the in-
veltigation of the moft important queltion, Who were the
perpetrators of ihc Murder r — That the priioners at the
bar Itood charged with the crime upon the folcmn Inqueft
of
^m
I '3 ]
©f the couAty and were now left to fhakc off that Heavy
burden of fufpicion which fo ferious an inquiry had laid
upon thenn j — That the talk no doubt was a momentous
one, but :hc facility with which it might be cffcaed de-
pended upon their Guilt or Innocence j — And in juftiec
to the profecution he could not but add, that the Man
whofe ill fate had caft upon him the imputation of a crime
of which he was innocent, would be unfortunate indeed
if by feme circumdance of proof he could not (hew the
fallacy of the charge. That the defence to be made by
the prifoners would prove how far the prtf^nt grounds of
the public fufpicion were tenable, and the proof which
remained to be produced on the part of the Crown would
manifeft to what length they were warrantable. That at
the evidence was purely circumftantiai he fliould proceed
to detail it with all poflible method, and leave the mattef
of condufion to the jury.
Mr. Stewart then ftated that it would further appear in
evidence that the prifoners at the Bar were brothers, na-
tives of Lunenburg, and refidents of Tatamagouche.on
theeafterncoaftoftheprovince; thaton Monday thefeventh
March lall they left Tatamagouche together, and after a
week's journey arrived on the Sunday following at Mar.
garet's-Bay where they remained all night j that they
borrowed a flat the next day in order to proceed to Lu-
nenburg, but, the wind blowing too fre(h, they declined
going i that on Tuefday morning they fee out for Lu nen-
burg, and it would be clearly proved, that in the evening
of that day they arrived at the houfe of the decealed and
there flipped and remained all night , that on WeJnefday
morning they went to their mothers houfe near the town
of Lunenburf?, and there remained the whole of that day,
the whole of the next day, and the major part of Friday,
without quitting the houfe, without exprefling any defirc
to vifit the town, oi an inclination to go beyond the
threfiiold of the door ; that on Friday about two or three
o'clock in the afternoon they took their departure from
their mother's with the profeflion that they were goino-
to return to Tatamagouche by the way of Indian Point'^
that at fix o'clock in^ the evening they were feen pafTint^
the mill at MartinVBrook, and a little while before can-
were dilcovcred coafting the weftern fhore of
the
diK-ligh:
[ 14 ]
the fccond peninfula and feen endeavouring to crofs upon
the ice over to the ftrft peninfula where the deceafed reft-
ded, and here they were loft for the time. That on the
morning following about four o'clock they arrived on
board their brother David's fchooner et Indian-Poinr,
where they remained a Ihort time, and from whence they
fet fail in their flat for Margaret's Bay in great hafte^
That the evidence would further relate, that on Satur-
day, the day on which the fire was difcovercd, the trafts
of two perfons in maugafins were found going to and re-
turning from the houfe of the deceafed j that thofe trads
were carefully followed, and their progrefs, after having
been traced in a very indirect, fufpicious line, through an
impervious wood and a very unufual courfe, led to the
fpot where the flat of the prifoners was fuppofed to have
laid ; that the witnefl'es who purfued the trads vvould be
particular in their defcription, and would teftify to hhc
very material point of its not being cuftomary with the
inhabitants of the county of Lunenburg to wear mauga-
fins during any feafon of the year.
Mr. Stewart here remarked to the jury, that the evi-
dence thus far in its advancement would, in his opinion,
reach the definition of probable proof; but that he would
be loath le refl: it in this ftage of the profecution as a
foundation for a verdid, particularly when he had other
corroborative circumftances in his power. — That the pri-
foners had been fully examined before two magiftrates at
"Halifax,* and that "their examinations would be read as
evidence on the fide of the crown. — That thofe examina-
tions contradicted the related proof in feveral interefting
points;— thar the prifoners alledged in them, that they
were not at any nme in the houfe of the deceafed during
their Itay at Lunenburg ; ihac they were at fea all tht;
Tuefday night— when ihcy were known to have been at
EminaGd's ; and that they reached their brother David's
fchooner, at Indian Point, between eight and nine o'clock
on Friday evening, the night of the murder , when, by
the teflimony of their own brother David himfelf, it would
appear that they did not come on board the fchooner un-
til two hours before day-light.
' .Mr.
• The PrlforciS v.er« apprehended within 30 railis of Halifax, on their w?.y tc
Ta(;iaia^ouclie.
[ 'S ]
Mr, Stewart then obferved, that this being the fub-
ftance of the chief evidence that would appear for the
profccution, it would naturally lay an ample ground for
inference. — That the jury> he had no doubt, would draw^
i'jch conclufions as, under oath, the fa£ls would warrant*
thenrj in drawing. — That it was their peculiar province
and duty to decide upon the evidence before them, let it
be ever fo light, aid if from any inference to be drawn
from the teftimony they were convinced in their minds of
the guilt of the prifoners, they were bound in confcicnca
to convid them. — That the burden of prefumption lay
heavy upon the prifoners ; that the circumftances of
proof, (landing unconne6ted with each other, were to ba
fure flight, but when taken together and united, fell upon
the mind with all the force o^ Jlrong probable evidence.
That from the firft to the laft of their condu6l there ap-
peared fomething to be accounted for, fomething incon-
fiftent with the plain ^jath of truth and innocence. Their
remaining at their niother's three days, by their own con-
fefllon, without quitting the houfe, carries with it a dark
fufpicious fecrecy, from which the jury could infer no-
thing favourable to the prifoners : Their having been at
the houfe of the deceafed on the Tuefday evening, when
contrafled with their pofitive contradiftion of that fa<5t,
was unfurmouncably fufpicious : Their arrival on board
their brother's fchooner at Indian-Point at fo late and fi-
lent an hour of the morning, after having been upwards
of twelve* hours in performing a journey which might
have been completed in two or three, left an awful fpace
of time to be accounted for, and gave vaft room for
drawing a difmal inference : That the (raS^is were cfthem-
Jelvcs no great weight in the fcale n^ evidence, but when
viewed as component links of the f/^me chain of proof,
they appeared pvovidential and ftr iking : And that when
to thcfe circumftances were added, the clear evafions fo
diftiaguilhable in the examinations, with rcfpcft to the
moft material fa-fts, the jury could not but receive an im*
prelTion truly dangerous to the prifoners, unlefs it could
be effaced by teilimony in fupport of their defence.
Mr. Stewart concluded by obferving to tiie jury, that
the crime under their confideration had met with aftomfh^
ing diligence in the fearch of its perpetrators, and, to the
credit
^
I
[ i6 ]
CFcdit of the magiftrates of the town of Lunenburg and
every inhabitant within it, he could'fafely pronounce, that
no Clime of the like fecret enormity was ever brought by
pwbHcinvcftigation fonear the bound of detcftion :— That
the evidence vas important and numerous, and from the
nat'ure of it would require rtrift attention and thorough
deliberation -.—That he was confcious the jury would view
it in that light, and, upon whatever conclufions they might
found their verdift, that it would be the refult of a ftrong
confcientiou- convidion, confiflent with the oath they had
t^cn. If fuch were the imprefTion of the evidence upon
their minds that they doubted not the guilt of the prifon-
crs, he cxpeded of courfe a verdiA for the crown ; .hey
were bound to give it. But, Ihould the amount of the
proof produced not lead them to that conclufion, they
were equally bound to acquit ; for, though counfcl for
the prolecution, he would be happy to remind them of an
ancient maxim, well known to the humanity of the Eng-
li(h law, that ♦* it is better that ninety-nine^ guilty men
Ihould efcapc than one innocent man fuffer."
Mr. Stewart then proceeded to call his witncffes, v/ho
beine: fworn and examined,
Jojeph Contoy depofed, Thar he knew the late Frede-
rick Eminand, whofe houfe flood on the eaji fide of the
firft peninfula, near Lunenburg ; and that he (the wiinefs)
lived oppofite to him, upon the weji fide of the fecond
peninfula. Upon Saturday, the 19th March laft, about
four in the morning, he received an alarm from his neigh-
bour's fon, of Eminaud's houfe being on fire. He im-
mediately fent to his neighbour, and they croflfed toge-
ther over the ice, and found almoft the whole of the houie
burnt down to the ground, little remaining beiide ti;e
chimney. They immediately fent for Frederick, the fon
of old Frederick, who lived at no great diftance from
him. it was not yet day, but by the light of the fire,
looking at a beam that remained acrofs, the floor being
burnt, or funk away, they perceived fomething like the
remains of a dead body. Upon the beam giving way,
they went up to it, and it appeared to be the remains of
old Eminaud. The limbs were all burnt off, and the in-
fide burnt out. The remaining trunk lay with its back
to the beam, part of the (kin remaining, burnt and (hn-
velled
[ >7 ]
vdled up, like parchment ; where the back touched, the
cloaths remained nnconfiimed ; and he appeared to havti
had on his jacket, a woollen garment below, that he wore
for the rhcumatifm, and below that his fhirr, with a hand-
kerchief round his neck. Upon examining, they found
blood upon his cloaths, between the fhouldtrs, dried, and,
as it were, burnt by the fire. This was about the middle
of the room, within what had been the houfe. As to his
wife and grand-daughter, who lived with him, there were no
remains of them to be found, but here and there a bone j
being entirely confumed. As day broke, at the diftance
of about eleven feet from the door of the houfe, they found
his hat lying, with the marks of one or two fparks of fire
on it J and about four or five feet from the har, was a
quantity of blood, in a thick mafs, mixed with the fnow,
apparently about three quarts. The deceafed ufcd to go
to bed about nine. He never knew him to fleep in his
cloaths. He had known him as well as his own fon.
Being crofs-examined on the part of the prifoners by
Mr. Lombard, who had been admitted Counfel for them,
he faid. That the diftance of the deceafcd's body was a-
bout one foot from where his bed had ftood ; that he had
not heard him cry out ; but that in truth the night had
been thick, and the fea had rolled a good deal ; and tliat
he could at no time have heard him, even in the day, at
his houfe. That he did not make any obfervation as to
any mark of violence on the body; that the blood was
between the (hirt and the woollen, and that remarking
that, he had been fatisfted murder had been committed,
and looked no further ; that there was no mark of blood
upon the hat, nnr any fprinkled about at the outfide of
the lioufe, befide the mafs he had fpoken of.
Nicholas Eijenhaur was then fworn, who faid, he was
neighbour to Contoy, the lad witncfs. He too lived
oppofire Eminaud's, near Conioy. About four in the
morning of the 19th of March, heobferved from his win-
dow Er^Vmaud's houfe on fire. He ran our, frightened as
he was, without his cloaths. Having returned in again,
while he drefied himfelf, he fent his fon to alarm Contoy ;
as foon as he was dreflfed, theycrofled over together upon
the ice to the houfe, which was friil burning, and fen t for
youne Eminaud. In the mean time, he, Contoy, and
C iiis
(■
[ i3 ]
|iii two fons, went together up to the houfe. Upon look-
ing, they thought they faw the rcnr>ainj of a body upon a
beam that ftill lav a-crofs, but they could not innmedi-
ately get at it. But the beam at length giving way down
into the cellar, they quenched the fire, and then raked
the trunk out with a Claw hoe, and put it upon a piece of
board. It had on the remains of a (hirt, a red baize gar-
ment, and a linlcy-woolfey waiftcoat, and upon the {hirt
was blood, having a baked look. Day breaking between
five and fix, they difcovered a quantity of blood at a fmall
diftance from the outer door, about eight feet.
Upon crofs-examination, he faid, he had not made any
remark whether the blood upon thefhirt appeared to have
proceeded from any wound or blow. He faw no perfon
near the place at the time.
J^^"!. m Cheney, faid, he lived with his mother-in-law
:"/irs. '^. icr, the mother of the prifoners. On Wed-
r .id: y the i6ih of March, they arrived at their mother's,
v' ire he then was, coming round the houfe, and (baking
hands with him, as they turned the corner, where he was
at work. They all went in together, and breakfafted.
He (the witne.^) being that day to go to Indian Point,
where David Boutelier (brother to the prifoners) was with
his (choo,ner, to help him to do fomeching to the fchooner,
■ the prifoner George bid him tell Davie, that he would go
with him in his fchooner, to Margaret's-Bay. The wit^
nefs accordingly went that day to Indian Point, where
Davie was. He was about two hours going from the mo*
ther's, Mrs. Boutelier's, There he remained until the
Friday following, when he left rhe fchooner, and returned
to Mrs. Boutelier's between five and fix in the evening.
Upon reaching home, he found the prifoners gone. It
•was by this time dark. He had come the common way,
and had not met them. The prifoners upon their arrival,
on the Wednefday, had told him they had come from
Tatamagouche, and that, at Margaret's-Bay, they had
borrowed a flat of one Mr. Minego, to con^e over in.
Upon crofs-examination, he faid, the meffage from the
prifoners to Davie was, that provided the wind was fair ^
they would ^o with him. Whether it was fair or not,
when Davie^went he could not tell. He had underilood
from them thcv had come in a fiat, and thinks it likely
they
'
*
[ i9 1
they would rcfirn to where they had left their flat, arid
proceed in it to where Davie's fchooner lay, in which cafe
they would purfuc a different courfc in getting to itj
from that which he had taken to return. When he left
Indian Point on Friday evening, it was very foggy. The
ice in the Bay was not broke, where he paflcd over, but
thinks it might have been below, among the iflands.
Sujannah Cheney't wife to the laft: wirncfs, andfifter to the
prifoners, depofcd, that fhc lived with her mother. Shfc
rcmembc ed the prifonershavingarrived at theirmother's,
on the Wcdnefday in the week that the deccafed's houfe
was burnt. They faid they had come from Tatama-
gouche, by Margaiet's-Bay, where they had borrowed a
flat of iVlinego, in which they had come on. She did not
underftand where they had laft come from. She under-
ftood from them» they had been at Eminaud's, where the^r
faid they had had a good fupper, fweet milk, and bread,
and a good bed ; but did not remember that they men-
tioned when. As Ihe recollected, however, it was upon
the Wednefday night at fupper that they mentioned thi?,
the converfation being about their journey from Tatama-
gouche. They never went out of the houfe, but to the
door, the whole time, from their arrival to their depar-
ture ; remaining conftantly at home all Wednefday, the
whole of Thurfday, and Friday until they fet out upon
their return. They once wanted to go and fee their un-
cle, but their mother and fhe would not let them, wilhing
to have as much of their company as they could, and
faying they would fend for their uncle there. They took
their departure on Friday, between two and three in the
afternoon. They had in their knapfack two ' javes, and
fome meat ; they had between them two pair of mauga-
fins, and fnow-flioes, with a tomahawk. She heard them
fay they would go to Halifax, by Margarec's-Bay, and
that they were going to their flat ; but did not recolledl
whether they f^id they were going to Davie's fchooner.
Upon crofs-examinatiop, fhc remembered them to have
faid, that, if it (hould be a fair wind when Davie was go-
ing, and that he did not ftop too long, they would go
with him j otherwife, they (hould proceed in the flat.
John Peter Bouteliert brother to the prifoners, faid he-
lived with his mother. He remembered the arrival of
G 2 his
%
his brothers, the piifoners, and their mentioning their ha*
ving been at Eininaiui's, and having Tupped there, and
got good bread and milk. They never went out all the
time they were at their mother's. When they took leave
on the Friday, they faid they were going back toTatama-
gouche; that they (hould goon board their brother David**
fchooner, and, if it was fair, go with him cither to Mar-
g;iret*s-Bay, or Halifax. The tomahawk was in the hand
of John. They had maugalins, and fnow-fhoes, each a
pair, with a pack. They left their mother's about three
o'clock. He had been fent out by them, the day before
iheir departure for fome rum.
Upon crofs- examination, he connected the account he
had given, that each had a pair of maugafins, and fnow*
Ihoes, and faid that John carrried both pair, flung on the
tomahawk.
Jojeph Boutslier. He was at his mother's when the
prifoners arrived, on the Wcdnefday. They faid they had
come from Tatamagouche. Upon their mother's alking
them, in his prefence, where they had lodged the night
before, their anfwer was, at old Eminaud's.
Being crofs-examined, he faid, he was prefent when
they came in, and repeated his teftimony in chief as to
their having lodged at Eminaud's the Tuefday night.
David Bouteliery was at Indian Point with his fchooner
the night the decealed's houfe was burnt. The prifoners
(his brothers) came to him there about two hours before
day upon the morning following, the Saturday, the 20ih
of March. Upon their arrivil, being, as they faid, cold,
they went to fleep, and, as foon as it was broad day, went
off again. He wanted them to ftay, and go v\jih him ;
but they faid ihey could not, that they wantfd to gee
back to Tatamagouche, before the fnow was off the
ground. He did not particularly fee what they had with
them, but upon his allying them if they had an axe, to
cut down wood for tire, they faid ihey had.
Upon crofs-examination, he faid it was within but two
hours of day when they came on board, to the beft of his
judgment. He had not aHced them where they came
from, nor did he recoiled their having told him. They
fippt until broad day, having talked together a good
while, before they went to flcep. They would have gone
with
[ 21 ]
^Ith him, if the wind had been fair ; but it was not, and
thcv could not wait. The ice in tlie Bay was at this time
broken in cakes, floating about. The Friday night had
been foggy. W' lien they came on board they faid the
rcafon of their being fo late, was, that they had been loft
in the fog and ic, of which there was a deal drifting a-
bout. That when they thought to have lowed in a clear
place, they were obftru(5led by the ice.
George Michael Smithy faid, he had been at the deceaf-
ed's upon the Vv^ednciday preceding the burning of his
houfe : That he, thedeceafed, mentioned the Boutdiers,
from Tatamagouche, having been at his houfe the pre-
ceding night ; and having -".rrived through the woods ;
and that they had (laid with him that night. He faid he
was forry he could not afk him to drink, having drank all
the rum he had in the houfe with thtfe Bouteliers. He
mentioned his being to receive ^.50, upon the following
day, the Thurfday.
Upon his crofs-examination, he faid the deceafed had
not, in talking of them,fpecified Chriftian names, defcri-
bing them only as the Bouteliers from Tatamagouche.
George Bohner depofed, that, upon Saturday the 19th
of March, after the houfe was burnt, having been inform-
ed of a track that had been obferved, he went to trace it.
Upon going there, he perceived the track of fteps coming
right up to the deceafcd's houfe. Upon tracing them
back, he traced them to Catliber's, and from thence to
the ice, where they were loll, till they crofled the ice,
when he took them up again, and traced th.m to the back
of Peter Wambole's landj where he met another track re-
turning from the houfe ; the formtr being that of pcr-
fons going to it. From this he traced a double track of
fteps going, and returning, till he came to the next ice,
where he loll them again. From this he purfued his
courfe round Calbach's mill, co Cafper Young's, without
finding any, till he came to the back of Ocker's land, up-
on the oppofite fhore, where he fell in with them again
upon the beach, and traced them to a place, from whence
a f^an had been evidently launched into the bay. The
track was of maugafins, two pair, one pair larger than
the other,* Both the tracks, going and returning, had
been
* The two Prlfoaers were of different fiz.-s, one confiderably taller than the other.
[ J» ]
bffn made with the fime maugafin.% and they had been
ffcently made, for the fnow was difTolving at the time.
No part of thcfc tracks lay through the common road, but
through woods and unfrequented paths. He faid mau-
gafins were not in ufe in that part of the county.
Upon crofs-'cxamination, he admitted there might be
Iwo or three perfons who had them in the county ; that
he had fcen people about Chefter with them, who fome-
times came that way, by Calbach's mill ; that he had feen
his own brother in town that winter with a pair— and that,
he had noticed in particular, one Bejancon with mauga-
fms at the place of the fire, that very Saturday morning.
Cajper Hickman^ an accidental witnefs, who happened
to be in court, was fworn to give an account of Befancjon.
He fjid he lived in Lunenburg: That Befan^on had flept
at his houfe, the night the deceafed's houfe was burnt.
That he had come to him feme time after dark ; and had
rrmained wuh him, till the news came, the nextdiy, of
Eminaud's houfe being burnt.
yJndreas Toung, He traced the tracks with George
Bohncr, and knew of nobody in the county wearing mau«
gafins.
Peter Lcngille depofed, that he lived upon the North-
weft Range : That upon the evening of the Friday, upon
the night of which tiic houfe was burnt, being with one
George Titoff at Martin's Brook mill, about 6 o'clock,
G. Tiioff remarking two men pafllng by, took notice of
them, and afked him who they were. He immediately
knew them to be the two Bouteliers from Margaret's Bay,
and faid fo. John had two pair of fnow-Ihoes on his right
flK)ulder, hung upon a tomahawk. Geor'^e Frederick
had a bundle, that looked to * i like a loaf of bread.
T hey took the ice juft below ' i" j'S-, and prucoeded ftrait
forward, till he Jolt fighr or them.
Upon crofs-examination, he faid the road they took
upon the ice v^as a common road, that had been u'fed all
the winter, to go to Calbach's mill, but that it would
lead equally there, or along the fhore.
George Titoff confirmed the account given by the laft
witnefs.
"Vohn Battkmatl. faid he livprl nn tt\p {'t*rnn(\ r^f^n1n(\^^;t^
" ' --— — -- — — - — • I ' — -— J
about half a mile from Calbach's mill. Being at home
the
[ ^3 ]
the night the dcceafed's houfe wai burnt, he obfcrved twa
men vipon the ice, between his houfe and Rotunbaufen's^
«/n the oppofuc fide the bay, where the dccealed's houfe
was, trying the ice with their axe, if it would bear them
over, i he ice not being (Irong enough, they went back
towards Calbach's mill. This was betwixt fix and fevcn
in the evening. One of them was taller than the other.
The taller one had the axe, trying the ice.*
Being crofs-examined, be faid he did not know th«
men at the time. He was in doors, looking through 9
window.
John Lay faid, he likewife lived on the fecond penin*
fula, near to Bauku^an, the laft witncfs ; and was at homf
upon the evening when Eminaud's houfe was burnt. Be-
ing at his window, he obferved two men paflling upon the
ice, from eaft to weft, towards Calbach's mill. At firft
bethought they might be Baukman's two boys: but then
rccollefting how bad the ice wa:., he concluded they m\i\
be ftrai gcrs, or they never would think of going upon it
in its t*:en ftate. Upon this, he went out to fee who
they were. One of them appeared to have a bundle, who,
upon feeing him, drew off ftiore.
Upon crofs-examination, he faid he did not know whence
ihey came, nor where they we.e going.
This was the whole of the viva voce evidence.
The examinations of the prifoners were then produced,
taken at Halifax before John Newton "".nd William Tay-
lor, Efquires, Juftices of the Peace, being firft duly
proved by Mr, Wood.
Firft, the examination of George Frederick Boiitelier fta»
ted, " That theExaminant went from Tatamagouche with
his brother John Boutelier to Margaret's-Bay, where they
arrived on Tuefday the T5th of March, which they crofTed
in a flat they borrowed of one John Minego and landet*
the next morning at Martin's-Brook about funrife, ani.^
immediately proceeded from thence to their mother's
where they llayed that whole day and night, and the whoU
of the next day and night, without going out of the houfe,
during which time they /aw their uncle who called to fee
them — That they left their mother's houfe about Twelve
o'clock
* This defcription correfpondsd with the prifoner, Jobn, \yho was the taller cf
the two, and mentioned by all tne witneffe* to have cauied the tomihawk.
[ H ]
fc'ciock at noon, and returned to Martin's-Brook, where
they found their flat and proceded in it to Indian Point,
and there went on board of a fchooner owned by their
brother David — That this was about 8 o'clock in the
evening — That they remained from that hour until the
next morning on board of their brother's fchooner — That
they left the fchooner in the flat a little after day-break
and proceeded for Margarets's-Bay, and crofTed it about
fun-down, leaving their flat with Minego, from whom
they borrowed it — That they flept that night at their bro-
thcr-in-law John Daufine's, and paffed the whole of the
next day and night with their brother John Boutelier at
Iviargaret's-Bay — That on Monday they arrived at Hali-
fax about 3 o'clock in the afternoon where they remain-
ed until Wednefday morning, and then fet out for Tata-
magouche— That he knew thedeceafed Frederick Eminaud,
and was in his houfe about three years ago — ^^That he was
not at Eminaud's houfe while at Lunenburg this laft time,
and that he was in no other perfon's houfe except his
mother's—That the firft he heard of Eminaud's houfe be-
ing burnt was in Halifax.
The fdid George Frederick Boutelier, on his further
examination, faid, " That his brother and himfclf wore
nothing but maugafms on their feet from Tacamagouche
to the prefent time."
The examination of 7^/^^ Boutelier ({sited, « That the
Examinant fet out from Tatamagouche in company with
his brother, George Frederick Boutelier, on Monday the
7th of March, and arrived at Margaret's Bay on Sunday
the i3tli. On their way from Tatamagouche to Marga-
ret's B.^y, the fuft night they Qept in the woods : the fe-
cond night they riept\itMr. Mauger's, in Cobiquid : the
the third night' they flept at the houfe of Mr. Fletcher's
fon-ln-law, on the Shubenacadie river: the fourth night
they flept at Mr. Hall's, about eight miles ditUnce from
Mr*. Fletcher's : the fifth night they lotlgcd at a houfe on
the road from Sackville to Halifax, from which houfe
they fet out for Margaret's Bay, and, in their way, Hop-
ped at the Dutch Village, and called in at the houfe of
one Calbeck, from thence proceeded to Calbeck's fon-in-
law's, at whofcihoufe they flept that night : on Sunday
tyiorning they proceeded to Margaret's Bay, and arrived
V ;■
. >
[ 2S ]
at the houfeof Mr. John Daufine in the afternoon, wher^
they remained that night. On Monday morning they
borrowed a flat from John Minego in order to proceed to
Lunenburg, but the wind blowing too frefh they put back
and went to the houfe of their uncle James Boutelier>
where they remained that night. Oh Tuefday morning
they fet out agaiii in the fame flat for Lunenburg ; and
being out all night in the' open boat, they did not arrive
at Lunenburg until Wednefday morning about fun-rife,
and landed at Martin's-Brook, where they hauled up their
fiat above high-water riiatk, and went to their mother's
about three miles difl:ant. The bufinefs that the Exami-
nant and his brother came on was to fee their mother and
to purchafe things for fome people at Tatamagouche j he
brought with him four letters, One fT the Hon. Henry
Newton, two for Mi*. M'Nab, of Halifax, and one for his
lincle John Milliar at Margaret's-Bay. That they re-
mained at their mother's hdufe all Wednefday, Thurfday
and Friday, until ^ o'clock, from whence they went to
their boat at Martin's-Brook, and went on board their
brother David Boutelier's veflel lying at Indian Point, at
about 8 or 9 o'clock the fame evening, where they re-
mained that night. The next morning they left their
brother's fchooner and proceeded in their flat to Marga-
ret's-Bay, at which place they arrived the fame day. In
their way they Hopped on board their brother John Bou-
telier's fchooner lying irt South-weft harbour. Upon
their arrival at Margaret's-Bay they delivered the flat to
John Minego, and went to the houfe of John Daufine,
where they remained all night. The next day they went
to their brother John's houfe, and remained there that day
and night. The next day they came to Halifax, being
Monday the 21ft of March, about 3 o'clock, and put up
at Laycock's tavern, and remained there that night. On
Tuefday they bought fcveral articled in town, and return-
ed to Mrs. Laycock's, where they remained that night.
On Wednefday morning about 8 o'clock thv?y fei out for
Tatamagouche. That he knew the deceafed Frederick
Eminaud, and was at his houfe about four years ago.
That during the whole time he was at Lunenburo- he did
not go into any other houfe but his mother's. That
when he went on board his brother's fchooner at Indian
D Point
■
'* I
C »6 ]
Point hf carried a bottle of rum from his mother's houfe^
which bottle he left on board, and defired his brother
David to return it to his mother."
Here the evidence on the part of the profccution clofcd*
The prifoners being feverally called upon for their de-
fence, alledged merely, that they were nor guilty, and
called no witnefles j upon which the Chief Jurtice imme-
diately fummcd up, as folluws :
Gentlemen of the Juryy
George Frederick Boutelier and John Boutelier ftand
indi(5letj for the Murder of Frederick Eminaud j— in o-
ther words, for the wilfully killing h'lm^of malice prepgn/cd,
or aferetkought i that isj not by accident^— not in their
own defence — not under the influence of fuch provocati-
on as the law admits to be fomc palliation of the crime
of wilfully taking life from a fellow- creature — but in
purfuancc of a wicked defign, preconcerted, and prede-
termined upon, for a wicked purpofc ; which the law dc-
fcribes by the term malice.
This is the general nature of the charge, contained in
an indidment confifting of (as they are called) two counts^
or parts.
In the frfj they are both charged alike with having
done this, by means of blows given the deceafed upon his
head, and other parts of his body, mth Jiicks j whereof he
inftantly died. In the latter, John is fuppofed to have
given the fatal blow, with a tomahawk, George aiding and
abetting him at the lime ; which would make him equal-
ly guilty.
Such is the way in which the offence imputed to them
is laid in the indictment, in order, one way or the other,
to meet the idea yoii may colleft of the fa(5b from the evi-
dence : But it does not at all fignify, in point of law, up-
on this indiflmenr, with what fpccific weapon or inftru-*
mcnt the deceafed was murdered, if you are fatisfied he
came to his death by the kind of violence fpecilied : For,
though you fhould not have rcafon to think it was by a
flick or a tomahawk, yet, if you fhall be fatisfied from
the circumflances, that he came to his end, by that kind
of death, which thefe are calcuiaied to procure, that will
be fufficient, as far as concerns the inflrument. So,
thougti
[ »7 3
though the probability, and your opinion Ihould be, that,
blows not having been ftruck by both, George ftruck
them, and not John, and that it was John that /as aiding
and abetting, inftead of George, as laid in the indiftment,
neither will that fignify j you may (lill find them both
guilty, whether you thi-nk that each gave his blow, or on*
ly one, (whichever that one was) provided you are fatisfi-
cd that a blow, or cut was given by one of them, the
other aiding and abetting at the time ; and that the de-
ceafcd died of the fame.
In fupport of this indiflmcnt, a nuipber of witnefles
have been called ; and what you will have to confider,
will be, whether you are I'atisfied, from the circumftances
that have been given in evidence, that the deccafed was
murdered by the prifoners at the bar, in either of the ways
laid in the indidment, explained to you as it has been z
For, after all, be the confequences what they may, it is
upon evidence^ and the evidence alone as given in court,
(not upon furmifes, or fufpicions formed out of doors),
that the fate of men'? lives, in courts of juftice, muft uU
timately depend.
At the fame time, before I proceed to fum up to you,
"what that evidence has been, I think it befitting to ftate
to you certain points, rei'pefling the nature of evidence
jn general, as applicable to the particular cafe here.
Undoubtedly, the defirable thing is, in every cafe, civil
as well as criminal, to have dire6t, demonftrativc evidence
of the fa£t to be proved ; but particularly in criminal
cafes, and more efpecially fliil where they touch life.
But wickednefs often devifes fuchfecret times and ways
to perpetrate its evil dcfigns, that if nothing but pofiiive
evidence could be received for a jury to go upon, in de-
termining fadts, crimes would forever go nnpunifhed, and
the condition of fociety be rendered mod infecurc.
Prefumptive evidence, therefore, has been let in ; and
that which is pofuive not being to be had, circumftances
are reforted to : For, when the faft itfelf cannot be de-
monftratively evinced, that which comes the nearefl" to a
proof of the fad:, is a proof of furh circumftances as
cither neceflTarily, or ufually attend fuch fafls : And. in
proportion as thefe turn out, in number and application,
the ftrength of the prefumption arifing from them be-
comes more or l«fs forcible, and perfuafive. If
m-r>
t 1? ]
If the prcfumption arifing from fuch evidence be but
light, it is as none at all, and ought not to weigh iji your
minds in the leaft, but to be difmilTcd entirely from them,
as that upon which no reliance ought to be had.
On the other hand, the prefumption arifing from cir-
cumftances merely, may be fo ftrong, as to be irrefiftible,
and, if poffible, even more concjufivc than a fimple tefti-
mony of the faft itfelf, which is the nature of direfl evi-
dence. Thus, to put a familiar inftance, that has relati-
on lo the prcfent cafe, fuppole a man having been ftab-
bed in a houfe, another i§ feen running immediately out
with a bloody knife in his hand, and no one elfe in thp
houfe at the time, — here pofitive proof is wanting, for th^
pcrfon is not Teen to have done the faft ; but a prefumpr
lion arifes fo violent froni thefe circumftances againfthim,
as hardly to admit of proof to the contrary, allowing the
circumftances to be true.
So, though the prefurnption be not fo violent, if it be
probable only, provided that probability be ftrong, and
tio way explained, nor any anfwer given ir, (much more
if one be given, which you muft be convinced is untrue)^
this likewife will bp a ground upon which you may le-
gally cxercife your difcretion, and form a verdifb of guilt.
Enjoining you, the efore, to diveft yonr minds of eve-
ry thing like a precc ceived opinion, and having thus
opened to you the nature of the charge againft the pri-
ibners, and the indidment, with as much of the law of
evidence as is immediately applicable to the cafe in handj
give me leave now to proceed to fum up to you what that
evidence has been, as 1 h^ve taken it down, while the wit-
neftTes were giving ir, '
(Here the Chief Jufticp went through the whole of the
evidence i;s ftated abovf, obferving upon particular part^
of ir, as he went on, and then proceeded thus :)
The prifoners having faid nothing in their defence, nor
ca^ed any witneflcs, this. Gentlemen, is the whole of
what you are to deliberate upon, and upon which their
lives are, in your hands, to depend. And certain it is,
that there is liere no pontive proof of their having beers
at the houfe about the time the deceafed, v/ith his family,
are rjppofed to have been deftroyed j nor any of an actu-
al Murder having been committed. But their guilt refts
upon
''
'
[ «9 ]
Vpon the fappofition of their having been there, under
circumftanccs, which 1 will ftatc to you by and by, and
upon the (late in which the remains of the deceafed were
found, together with the appearances about the outlidc of
where the houfe had ftood, the next day after it was burnt.
And, no doubt, but that, if aperfon is found at a place
where a murder has been committed, near about and be-
fore the time of it, a fufpicion (fubjeft always either IQ
be explained or corrpberated by circumftanccs) more or
iefs ftrong will fall upon fuch perfon, provided it be firft
clear, that a murder was committed.
Therefore, you will confider, firft, whether you are fa*
tisfied, upon the evidence that has been given, that here
has been Murder. For if you have the leaft doubt upon
your minds, notwithftanding appearances, that this unfor-
tunate family, particularly old Eminaud, may have come
to their death not by violence j but that he and they have
accidentally been burnt to death: — If you are not per-
fc6tly fatisfied of the contrary, and that it was in the way
the indidmcnt has alledged it, then, there is an end of this
profecucion, which founds itfelf upon that fuppofed fa6t.
You will therefore be perfe<5tly fatisfied, that he has died
no natural, no accidental death, but a violent one, before
you proceed to your fiibfequent enquiry, to whom he has
been indebted for it. But, in deliberating upon this point,
ds to the fad of a ^4urder, you will confider whether fuch
pregnant marks are not found here, as can leave no doubt
upon any reafonable mind, as to this previous queftion.
For, you fee, in the firft place, his body, though found
at no great diftance from his bed, is found in its cloaths,
and you are told by a witnefs, who could not but know,
that it was not his practice to go to bed with his cloaths
on, fo as to preclude the idea at leaft of hjs having been
burnt in his bed. Then, blood is found upon thofc
cioachs ; and though, upon the crofs-examination of old
Contoy, no mark of violence is fworn to upon the body,
yet confider the ftate in which it was found, and by whom.
Contoy was no furgeon to examine it particularly, and he
tells you he was fatisfied in his own mind, the moment
he faw it, with the cloaths on, and tlic blood, that there
had been foul play -, and fo looked no further. But if
jie had, confider what probability there was, of any rnark
being
[ 30 ]
i t-
being vifible, in thcftate to which the body was reduced.
What was it ?— the limbs all burnt off — the infide burnt
out— what remained, little more than a mere bony trunk,
with a fort of Ihrivelled parchment, (that had been fkin)
upon fome parts of it. How poflfible, how probable for
any mark of violence to be no longer difcernible but by a
critical ey^, if at all. Then confider the circumftance of
his hat, found at fome diflance from the houfe, and flill
further from the body j and at fome little diftance from
(he hat, a quantity of blood, (the witnefs, mifcomputing
it probably, called it towards three quarts j but) a cer-
tain quantity, whether thefe things do notfpeak for them-
felves ; and how they are to be accounted for in any rea-
fonable manner, but by fuppofmg Murder.
You will, therefore, take thefe circumftances into your
confideration. If they do not entirely fatisfy you, if they
leave any the leaft doubt upon your minds, you will de-
fifl from all further enquiry, finding the prifoners nor guil-
ty. If you are fatisfied from them that Eminaud wa^
murdered, you will thc^n confider, upon the evidence,
whether you believe the prifoners were at his houfe, the
night upon, or immediately fubfequent to which the Mur-
der was committed. And in forming your opinion of this,
you will confider, firft, the profefTion with which they left
their mother's upon the Friday between two and three,
that they were going to Indian Point, (which is at the
diftance from thence of about two hours walk) to their
brother Davie, to proceed with him to Margaret's Bav ;
You will then confider how they were (ten, lo late as fix
in the evening by L,ongille who knew them, and by
Titoff, from Martin's-Brook Mill ; then fubfequent to
this by BaukmaHy (who plainly defcribcs them) trying the
ice with their tomahavvk, oppofite to Eminaud's fide of
the Bay, to get over ; then higher up by John Lay^ (who
jikewifc Hefcribes them) ftill trying in vain to get over,
and finally traverfing along the ihorc, round by Cal-
bach's-Mill. You will, in the laft place, confider th?
circumftance of a frefii track traced to the houfe, and
back from it, to where a flat had been launched, with that
of their having; come and crone awav in a flat : the track
recently made by two pair of rnaugafins of different fizes,
a fpecics of we^r but litttle known in the county, with the
circumftance
^
[ 31 ]
ejrcumftance of their having had maugafins, through
ways noc commonly ufed, and the prifoners thcmfclvcs,
as far as fccn, (kulking, as if afraid to be noticed.
Putting all ihefe circumftanccs together, if you think
they were the perfons that had been there, the remaining
confideration will be, whether they were the Murderers 5
and this will rert, upon the fufpicion arifing from the
fad of their having been there at fo critical a time, provi-
ded you are of that opinion, with the manner of their go-
ing — infinitely ftrengthened, firfl:, by their having denied
tjpon their examinations, that they ever had been at Emi-
naud's houfeat all, during their late vifit at Lunenburg,
whereas the affirmative has been pofuively fworn to this
day by numerous witnefTes, all of their own family, de-
pofingfrom declarations made by the prifoners themfelvcs^
the morning of their arrival at their mother's houfe : Se-
condly, by their pretence that they reached their brother
Davie's fchooner fo early as nine on the Friday evening ;
whereas it has been impofTible for Davy himfelf, (their
bwn brother) fpeaking upon his oath, to tell you other-
wife, than that they did not reach it, until about two
hours before day, upon the next morning ; alledging,
when they arrived, as a reafon for their latenefs, that they
had miffed their way in the Fog, and had been obftrudbed
by the ice.
It may be faid, indeed, (and I leave it to your confide-
ration) that it is not necelTarily conclufive againfl a per-
fon charged with a crime, that he has endeavoured toclear
himfelf from it, by an account, that turns out to be falfe
• — for, that, pinched, and prefTed by fome untoward cir-
Cumflance, that he cannot otherwife get rid off, he may,
being innocent all the while, endeavour to fhift it by pre-
varication, not trufting to his innocence: But this is not
the courfe of innocence, which commonly trufls to itfelf,
and a contrary courfe is always fufpicious; but I leave
the obfervation to be confidered by you.
You will therefore. Gentlemen, confider, upon the
whole of the cafe, whether you are, or are not of opinion,
that the prifoners at the bar murdered Frederick Eminaud,
the deceafcd.
If you have the ffnaileil doubt, whether it regard the
faft of the Murder, the fatt of the prifoners having been
ac
[ 3» 1
it the houfc, dr the defign and end with which they might
have been there, it is my duty to tell you, and your'^ to
mind what 1 fay, that you ought to acquit them j upon thd
htimane principle, mentioned by the learned Council for
the profecution, and candidly mentioned by him, I'hat it
is better any number of guilty perfons ejcafe punijhmenty than
that one innocent Manfuffer,
If youhave no doubt, but think that the finger of Pro-
vidence has as plainly pointed the prifoners out, doing
fhis deed, as if one had come and told you he faw them
do it, in that cafe, and in that cafe only, you will find
them guilty.
With one (ingle exhortation more, 1 leave the matter
to you. Take the whole into your ferious confideration,
but be not hafiy informing a judgment of guilt ; remember-
ing, that no delay, or deliberation can be too great, where
life depends. Therefore, weigh every circumftance ; and
in giving each its due weight, give it no more ; but do
equal juftice, leaning to mercy i and draw fuch acon-
clufion from the whole^ a4 is proper fof you to draw,
judging iipbn your oaths.
The jury withdrew j and -^fter having been out about
an hour and a half, returned into Court with their verdift.
That George Frederick Boutelier. and John Bouielier,-
were both Guilty.
The Chief Juftice then faid,
*^Mr. Sheriff, L.et the prifoners be carried back, and
taken care of, for their lives are forfeited ; and let them
be brought up again to-morrow morning at ten to receive
their fentence."
The Court then adjourned to the next day at ten.
^hurjday ^th of May.
The Court being met, the prifoners were fent for ; and
being fet to the bar, they were feverally afked, what they
had to fay, why Sentence of Death Ihould not be pafTed
npon them according to law ; and neither of them offer-
ing any thing in arrell of judgment, the ^Chief Juftice
(proclamation having been firll duly made for filence,
v.hile Judgment of Death was paffing upon the prifoners)
addrciled them as follows :
Georgi
' >
I 33 ]
George Frederick Boutelier, and John Boutetier : You
have been india^d by a Grand Jury of the county, for
the Muv<^tY o^ Frederick Emittaud; and, after a long, and
impartial trial, upon the teftimony of a multitude of wit-
ncfTcs uncontradi<fled, all concurring to the fame concJu-
rion> by a chain of circumftances, chat has left no doubc
upon the minds of your Jury, that Jury, upon which,,
under God, you put yourfelves for your trial, have, by
their vcrdift, found you both Guilty,
In dating a verdia:, that is to be the foundation of the
dreadful Sentence which it remains for the Law to pro-
nounce, and of which the execution muftfurely and fpee-
dily follow, it is fit I fhould publicly declare the en-
tire concurrence of the Bench, in its juftice and wil-
dom.
That you came into the country with the exprcfs, and
with no other intent, than to perpetrate the horrid aft, of
which you have been convifted, there is reafon to believe,
as well from the manner in which you lurked, while you
remained in it, as from the circumftance of your
having gone out of your way, to (top at old Emi-
naud's houfe, on the Tuefday evening, inftead of pro-
ceeding ftrait to your mother's j and that it was your
purpofe to have perpetrated it that very night, had the
time been ripe, is highly probable : Bur, be this as ic
may, that you did, upon the Friday following, (choofing
your particular day for reafons belt known to yourfelves)
by fecret and untrod paths, find your way back to this
peaceful and defcnceiefs habitation, and did then and
there deftroy this helplefs Family, that had, according to
your own declarations, received you with a kindnVs,
which they could not afford to all, no perfon living, that
has heard ycur trial, and the verdid, can be fuppofed ta
have any remaining doubc.
That your inducement to this deed, was, to poflefs
yourfelvesof that money, of which this molt unhappy man
was unfortunately but too apt to be talking, beyond (as
it has turned out) what prudence could juftlfy, and which
you probably knew he was about that time likely to have
received, in a confiderable fum, this likewife there i^ not
wanting reafon to believe. For this, neither grey hairs,
nor tender youth, nor lex was fparcd. For this, the
^' remembrance
I
[ 34 ]
remembrance of hofpitality was done away — the cries and
entreaties that muft be taken to have been oppofed to your
cruelty were ftifled, and difregarded by you ; and a whole
family (doubtlefs) firft bathed in blood, before they were^
with the houfe that covered them, reduced to afhes.
This happened in the dilmal hour of the night, when
nothing but wolves and beads of prey are fuppofed to be
upon the flir. It happened in a peaceful, and virtuous
fettlement, which having ever been incapable of crimes,
has ever been unconfcious of alarm, and unprovided a-
gainft danger. It happened to a family, which, by its
innocence and exemplary labours, had rendered itfelf at
once ufcful and dear to the community ; and which, con-
fidering its hofpiiable entertainment of you, fhould, of all
others, have been the lafl: objects of fuch a deed at your
hands : which was made the more dreadful, in that it was
managed by you \n a way, that admitted little hope of the
perpetrators of it being found out.
No wonder if an alarm fliould have been taken, and
deep terror ftruck in the minds of this wliole fettlement.
But, as if Murder, (of all crimes) was never to go im-
detected, and unavenged even in this life — with all your
fecrecy, with all your choice of time, and contrivance of
means, by an accidental word that led to the fufpeCting
you, ai d by a coincidence of circumftances that would
havcjulURed your convidlion, even if it had not been, as
it was, corroberated by the falfe account you had givenof
yourfelves upon your examination, — you, whofe very ar-
rival, and that you had been in this part of the country
was fcarcely known, (lb clofely had you kept yourfelves
for the execution of your dark deligns)— -the finger of
Providence has fo pointed you out, that u^l who fee you,
fee now, to their perfe^^t conviction, the hand that deflroy-
cd the wretched Eminaudi and his unfortunate wife, and
grandchild ; though they fee not perhaps the immediate
me;'.ns, by which that dedrucflion was effefled.
As the punidiment whicli you mult fufFer for this will
be a dreadful example to all who fhall witnefs it, of the
confequences of fuch an a^il, fo I trr.fi: that your convidi-
on will be a lcflc">n5 how iriipoffible it is, according to all
experience, for Murder j fooner or later, how fecretly foe-
ver perpetrated, to go undifcovered.
With
[ 35 ]
With this view, I have dwelt upon that conviclion -, as
I have opened to yourfelves the nature of rhe crime it
fixes upon you, not in order to aggravate or afflidl, but to
awaken your minds to a due attention to, and conddera-
tion of tlic unhappy fituation, inio which you have
brought yourfelves.
For the crime itfclf, it is incapable of aggravation;
and therefore unnecelfary for, as it is painful to me, to
dwell longer upon a fubjefl fo black and dreadful.
Ic is wii:h much more fatisfaftion that I can remind you,
that, though from the prcfent Tribunal, before which you
now ftand, you can receive nothing but ftrid a..d equal
julHce, yc 1 arefoon to appear before an Almighty Judge,
whofc unfathomable wifdom ^s able, by means incom-
prehenfible to our narrow capacities, to reconcile Jufticc
with Mercy : But I truft you are not fo ignorant as not
to know, that fuch Beneficence is only to be obtained by
deep Contrition, — -found, unfeigned, and fubftantial Re-
pentance.
To bring your minds to this defirable (l:atp,you will be
indulged, during the very fhort remainderof your lives,in
the converfation of a Holy Clergyman ; who will tell you
with better efFe6l than I can, how indifpenfible a mark of
repentance it will be in the eyes of Heaven, that you
make a full and genuine confclTion of all your crimes.
But this is, as between yourfelves, and your own con-
fciences, under his falutary cxho -rations.
Therefore, only recommending it to you, with his af-
fidance, to lofe no time in making that peace for your-
felves with Heaven, which this world can "o longer allow
you, what alone remains for me is, to pronounce that
Sentence which the law has appointed for crimes like
your's } — a Sentence full of horror ! — -but fuch is Reli-
gion itlclf has direded, and Mankind have in all times
given and executed in the like cafe ; to be a terror to evil-
doers, and a fecurity to them that do well.
Tlv.u Sentence is, and this Court doth award.
Thai you George Frederick Boutelier, and you John Bou-
teller, and each of yotiy be conveyed back to the place from
whence you came, and from thence to the -place where flood
the Houfe of the late Frederick Eminaud, or as near to it as
conveniently may be: and when you come there, you muji
E 1 each
[ 3« 1
tach of you he hanged by the Neck, * till you are dead\ fop
the fpeedy execi^tion of which I bid you prepare : and
may that God, " who hateth nothing that he hath made,
** and doth forgive the fins of all them that are penitent,"
of his infinite goodncfs have Mercy upon your Souls I
The prifoners were then taken back, and the Court
being adjourned, a Warrant was the nejct day delivered
to the Sheriff, appointing their Execution to be on Mon-
day the 9th of May, between the hours of nine in th<?
morning and one in the afternoon; at which time they
were accordingly executed.
CONCLUSION,
THE candour, deliberation and folemnity of the fore?,
going Trial, joined with the charadcr and fituati-
pn of the Jury, who were all of them well known to b?
confcientious, unprejudiced men, pofiVfied of freehold
property, and of courfe ftanding in the moil difinterefted
view, are circumftances which, independent of all fubfc-
quent matter, ought of themfelves to have removed all re-
iudlance and fcruple witii rerpe(5\: to the awful end of fsj
lerjous a:"i enquiry. Bur, fuch is the rtfllefs turn of the
human mind, that even the facred bafis of a verdict would
nor, perhaps, in this intlance have efcaped the indelicate
attack of rcfleclion and obfervation. 1 he doubts, how-
ever, of ♦'he mod fcrupulous confcience are now efTeflu-
ally quieted, and a full confefTion of the horrid ^cc^y at
the place of execution, muft afford that fatisfa6lion to the
province at large, and p irticularly to thofe more imm.edi-
^t^ly intereflcd in the happy event, which every heart ca-
pable of receiving the ftciiiig nuUt natur^Hy experience.
There gire many incidents, iingularly providential, which
ferved to corroborate the general fufpicion of the commif-
fion of this crime, but could not have operated as evi-
dence. The conduct of the unhappy wretches from the
4 moment
[ 37 ]
ptiomcnt of their apprchcnfion till the day after their fern*
tence, though under cover of the moft hardened counte-
paiice and a conftant denial of their guilt, could not fuf-
t»in the fimple character of innocence. Upon their arri-
val at Halifax from Lunenburg, on their return to Tata-
magouche, they remained two days in town, expended
their money ac different (hops, and never left the houfe
but under the clowd of night. Early on Wednefday, the
^jd of March, they were preparing to quit the town,
when one of them was arrefted for a debt, which he im-
mediately difcharged wit^ the trepidation of guilt, and
they inftantly proceeded on their journey. Meanwhile,
intelligence having arrived from Lunenburg of their bar-
ing fufpeaedof the murder of Eminaud and his family,
the SherifFof Halifax immediately made hue and cry and
difpatched the Under SheriflF, with aflrong guard of con-
flables and others, in purfuit of them, by whofc extraor-
dinary diligence and care they were taken, about one
o'clock the next morning, afleep, in an uninhabited houfe
on the road leading to the Shubenaccadie river. Upon
their nrreft they dilcovercd little or no furprife, and, when
examined in Halifax at the magillrate's office, expreiTed
not the lead (iegree of aftonifhment at having fo abomina-
ble a crime laid to their charge.
Circumftances of this nature certainly juftify fufpicion,
but it is not upon fufpicion that queftions of fadl, particu-
larly thofe refpe<5ling life and death, are to be determined.
A trifling incident led to the whole colledlion of proof
that appeared or the trial. — An inhabitant of Lunenburg
recollcifling that ,.e had met a younger brother of the
Bouteliers coming into town from his mother's upon aa
errand, as the boy informed him, for his brothers John and
George, who had arrived from Tatamagouchc, created a
furprize that they had never been feen abroad, from which
lurprize the firft idea arofe.
A variety of other matter relative to the affair, partly
real and partly fabulous, might be introduced as well
worthy of recital and remark, but the compafs of this
publication is too confined to admit it. The behaviour
of the penitent, though suilty, fufferers at the place of
execution, together with the chief authentic circum-
ftances relative to tweir ronfefTion, will appear in a letter
from
[ 3S ]
from the Reverend Mifiionary at Lunenburg to the Chief
Jufticc, the fubftancc of which, for the latisfa<5tion of the
public, is, with permiflion, here introduced.
This Reverend Gentleman, who had been fent for
by the Prifoners themfelves on the Thurfday morninir,
(hordy after they had received their fen^cnce, to vific
them on the awful occafion, flates, *' That they at firft
perfiftcd in denyin^L; the deed with as much if not more
jfirmnefs than ever j that .hey denied their having been at
the hoiife of old Eminaud and having it:cn him ; that they
complained that all that had been aflTerced and fwora
againft them was falfe ; they acknowledged rhey had been
mtn of loofe lives, but that it was hard to fuffer for a
crime they had never committed ; they complained much
of the injury their family nnift fuftain, and lamented not
(o much'thc iofs of life as the hardfliip of their fentence.
*' That at fix o'clock the next morning he again at-
tended them 5 that they feemed very refigned to their
fate, and were not wanting in artful means to imprefi his
mind with their innocence againft his own convi6lion ;
for more than two hours they afferted with firmnefs they
had not perpetrated the Murder. That he had recourfe
to prayer, and that at lafl after long exhortation the Hony
heart ber .ime moUihed, and in a flood of tears they owned
tbetrif elves Guiliy.
" That they told him, they had determined to do it for
fome months before ; that they came on purpofe to do it
the Tuejday nigh iy and intended to ha.. ,t off direflly
back ; that upon his putting the queftion to them, Why
they did not do it then ? they gave no other rcafon but
that they believed God prevented them ; that they did
' not, however, lofe light of their intention, but kept cloje as.
their mothers in thc'fame determination until the Friday
night on which they did it.
" That the elder brother John was thcfirfl: who propo-
. fed it to George the younger, and George faid he as rea-
dily agreed to'it ; that when they firft came they carried
the flat as far up Marlin's-Brook'as the ice would permit
v/here they then hauled it up ; the neareft houfc to the fpot
was Cafper Young's. On the evening when they were
obferved by Longille they were then going to tranfport
the boat to the back of Baukmaa's land where they were
traced
[ 39 ]
traced to, and there they embarked far Indian Pointi
they owned they were the perfons (cen trying the ice.
** That loon afterwards they went to Eminaud's ho«(r,
pretending to wifh to flcep there, and while the old Man
was going to the barn for a bundle of flraw to make them
a bed, they followed him out, and upon his return they
killed him with fticks found by them at his own door'j
that he made but little refi fiance, and that both of them
gave him repeated blows ; they did not think that any
ifiood was fpilt j that they then left him, re-entered the
houfe and murdered the old woman and grand-daughier
in the fame manner; that, as near as they could guefs, it
happened about the hour of nine o'clock ; that the'y broke
open the cheft expedling to find more money than they
did ; that the amount was under ten pounds ; that they
burnt all his papers -, that tht-y were not in liquor, nei-
ther was the old man ; that they had not any converfation
with^ him about money at anytime j that the time they
remained in the houfe after the fa6l was little more than
half an hour -, that before they departed they dragged in
the body of the old man, piled the three bodies one upon
the other, covered them with the ftraw, their intended
bed, and fet fire to the houfe, but did not know it was
burnt until they heard of it at Halifax.
" That the * fhirt, the piece of red chalk, together with
other things found in their packs they owned to be the
property of the deccafed ; that it was true they were en-
tangled in the ice, infomuch that they doubted reaching
David's fchooner, and were apprehenfive they would be
taken on the water ; that the blood on the f blanket they
believed was not Eminaud's they having had fome wild
meat in it ; that no pcrfjn was concerned with them or
ever privy to their intentions."
The Reverend Gentlemen farther (bates, " That he re-
qucfted them to tell him hov/ they could perfilVfo long
in afiVrting that they were innocent ; the reafon they gave
him was, that, they were advifed while in gaol at Halifax
to hold out to the laft, and that if no one was prefent to
fee
* Thcfe articlcG were fliewn to the friends oC the deceafed, and would have been
given in evidence, h^d nor the proof of their identity airived ioolatej t:;ey vvtrc,
however, recognized and would have been fworn to.
■|- A blanket which tliey borrowed of Minego at Wargaret's-Bay, and returned
Spotted with blood. Minego's tertimony could not be procured at tiie trial.
I 40 ]
fee them do it, no murder could be proved, and they
woMld not be hanged. Upon which, is fenfibly remark-
ed the impropriety of admitting perfons indifcnminately
to converfc with prifoners without a proper pcrfon prefent.
" That the reafon the prifoners gave for objeding to
one Ernft being on the Jury was, that, alio while in Hali-
fax gaol, they had been repeatedly told he had pofinvely
fvyrorn to a piece of calico, found upon them, having been
bought at Lunenburg; that their minds nri.ght not b«-
imprcffed with foul play againft them, and for their own
fatisfaaion, Mr. Ernft was fent for and feen by them, and
it was fully explained to them, to their own convidion,
that Mr. Ernft hjid faid no fuch thing. '
« That the condemned fermon was preached on the
Sunday at church to a crowded congregation ; that ap-
plication was made for the prifoners to be brought to the
church, but they were unable to attend.
** That there was mvrh folemnity attending the Exe-
cution J that they confcffed their guilt at the fatal place >
that the people were exhorted as direc1:ed by them j that
thev acknowledged the juftncfs of their fentencej confel-
fed'they had no wilh to live; appeared truly P/mtenr,
Georoe particularly To; and that the behaviour of both of
thtr/wasfuch, that, had they not been Murderers, they
rr.ight have been called Chriftian Heroes." This is
the fubftance of his very intcrefting letter.
Ore obvious ai.i comforting remark may now con-
clude ihc whole detail.— The origin of the fufpicion,
xhc apprt^hennon of the Murderers, their inexphcablc
conducl, the concurrence of contingent circumftanccs
corroborating the firft lufpicion, the new openings of evi-
dence, the concatenation of proof amounting to le^jal
conviaion, the rapidity of juftice, and the reticular
difpUy of a fuperintcndin^r Providence, give to lae honelt
man i onfidcnce and fecurity in his habitation, wherever
fituated and however defencclefs, and flalli on the mmds
of the RuiUy '* That there is nothing hid which (hall
'^notbe'manifelled. neither any thing kept Secret but
*' that it fliall come abroad : For a bird of the air (bail
" carry the voic,-, and that which hath wings (liall tci! the
«(
mstter
the