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The I shall TINU whic Mapi diffei entiri begir right requi meth This item is filmed at the reduction ratio checked below/ Ce document est film6 au taux de reduction indiqu6 ci-dess : nis. 10X 14X 18X 22X 26X 30X y 12X 16X 20X 24X 28X 32X Stalls 8 du todifier r une Image The copy filmed here has been reproduced thsnks to the generosity of: Harold Campbell Vauflhan Memorial Library Acadia University The images appearing here are the best quality possible considering the condition and leg'biiity of the original copy and in keeping with the filming contract specifications. L'exemplaire f ilm* f ut reproduit grice d la gtn^rositA de: Hare '■.: **For twelve honest men have determined the cause, Who are judges alike, of the facts anti the laws." Live*,M the Chaneeiori. FOR THE PROSECCTION. I RotH JAJf £S W. JOHNSTON jJfcri'ORNKT Gbnkbal, and W. J. JOHNSTON, KsQ. ^! FOR THE PRISONER. ^'^ i HOK. WrLLIAli YOUNa, HOK. JONATHAN McCULLT, W. Q. SAWBBS, Es ■ m 4\ ■ 'M'."' '*mm ''si'' :■! I A THE QUEEN vs. GEORGE PREEPER. The trial of Georee Preeper, indicted for manslaughter, and charged with riaying one Patrick Hurley on the 12th day of May, 1859, at Grand Lake, in the Ccanty of Halifax, having excited unusual interest has been considered of sufficient importance to deserve publication in pamphlet form. -Lhe Vth of May, 1859, was the day of a General Election m the Province of Nova Scotia. Patrick Hurley, the deceased, lost his life, as will be seen, in a dis- turbance of the peace, which occurred near Schultz s Inn, on the mam post road leading from Halifax to Truro. , r xu n w. On the day after his decease, Edward Jennings, Esquu-e, one of the Coro- ners of the County, held an inquest upon the body of Hurly, and a verdict was returned, charging Preeper and nine others, with wilful murder. Ihree of the parties so charged-Preeper. the defendant, with John Kenty and James Keuty-within a day or two afterwards surrendered themselves, ex- pecting to be admitted to bail. The case of the Kentys v/as laid twice before the Judc^es of the Supreme Court at Chambers, onee before Judge Wilkms and a seSond time before him, associated with Judge Bliss Affidavits denying the charge were produced and read, and bail offi^red to any reasonable amount. These applications were opposed by the Attorney General, and their Lordships decided, under such circumstances, not to admit the prisoners to b^l. Petitions were shortly after presented, on behalf of the prisoners to Hw Excellency the Lieutenant-Governor, protesting their innocence, and asking for a special session of the Supreme Court, at which to take their trials de- daring their readiness to meet the charges against them and their ability to vindicate themselves from the imputations resting upon them.by reason of the Coroner's Inquest. At the time this inquest was taken, it would Beem. that the excitement produced by the death of Hurley was at its heigh , and the only witnesses examined before the Coroner were voters ^^^^supporters of the Government candidates, Messrs. Falconer and Gladwm. The^faxst, and one of the principal witnesses called by the Attorney General on the trial now re- ported, as will be seen, wa.s one Brian Keniiedy, and on «™f «^^;^^^^^^^ • discovered that ho had axjted as a juror, and actually signed the Coroner s Inquest. , ■ /> i- ^-m n-,J =. »r«'«5«l The prayer of the petition of the prisoners for an cany uial, an.x a g^^.«- «3esion of the Supreme Court, was refused, and they were all consesuently « 3^1"] Jury an indiclraon*, otarg „g Ct/, ,':'r„ r?' 'f'' 'l''''"'-" "-oOrand others, ^.pportors of the 'Opp„,,it,V,rjanJ d-, I Mo? ^\ '"'"'""' "'^ *™'> <«« >« ««, with the crime of murder ' ''''"• ^'»'' ""'I Annand, he Attorney General „,„v d 1 t™a™i™l'''f r""? ""' "'" ""'' l^th May bemg charged as aiding and aTeti,,.!^l^',Crr "" ^^"'"■'-■''''vcn othe,i the three prisoners t» defer the amV„„r„;'^- ? '™ """ "■"'" ™ '»l'--'lf of Wietment had been found wSSr&ZA" «™""''.""" *« «»' «f Moss ?,r«ra«. ^ * """' '"<""' •'''"■«•«, being a ,mJorit,j of , " Affidavits were read, disclosing the fict (h-.t „ A-a- mg arisen among the jury as to whetlu^r S. ,f difference of opinion hay- one of their number was denuL ,„ ? • *"" *™'™ """M find a Bill wa.,.t„n,ed-whiehr„stTcl4eh:v:S7°f */ '"'^^ > » anf«r » majorit;,, it was sufficient '^" " mistake— that, if found by thati^-nnt^f^h^Ltit^othZofrh^'^ rr *« ™p-- for, or against the fiiSnfwhalir or tW^ ' '° '""" ''""' ™'<^ *> &r from it being a secret to bo tent ?I ^. ■'"?'"™ ^■'''^ »'■ *''■ YO' Aat they feel themselves bould to stateThe t •"'' '^" ?«'™ f"™-' *<> «" ■n a matter where life and dlh are concerned if"" """ '^ ""'y ''«" «"■« /ore K is too late. concerned, the error may be rectified be- ThiswasunoppoJby "he Atoevrt"f'''T'"\™S''' «" '» adoS " r« »»enTndicted for »«;rf™5„E.^r • ""■* ?" "■" """«"■■ "'ands/ -and the indictment, to a morar^rSntv TTl' T^ "^ ™ a,«,essorie,. Jurymen ! We have nothing ftrtheMosa'/rl^ .'^ *"""" '"'" '^""^ . ' In the next issue of the »ai>e mn!.V ^ j , ™''J'"* at present." -••In our last number wXrnE r^^!?!?.f ?i°"«™S f-*-" -— a ,.....,, atuiumunt oi facta connected lie mid'Ue of ruesday, tho ro the Grand '', and Heven id Annand, I Jury com- ho next day i. The fol- m'cle ncwa- t:— »ral having al with the 12th May ven others 1 helialf of he_Bill of lojority of >'nion hav- ikI a Bill, 'n answer found by lU doubt, fact, and Hired the npresslon i of them ho voted yet that, the Bill, ve en-ed tified he- norning, idoptod. ds. 3ssories, 3 Grand tmected with the Bill of Indictment for murder found against Geo.-ge Preoper, and nine others, charged with killing Patrick Hurley, at the election not, which occurred at Schultz's on the Pith May la.st. "On Thursday morning the prisoners— Preeper, and the two Kentys brothers, who have now lain in jail since May on a voluntary surrender-— were again brought down to the Court, Mr. Justice Wilkins presiding. The Attorney (leneral again moved for their an-aignment. This was opposed by the Hon. Mr. Young and Hon. Mr. MeCully, two of the prisoners' counsel on the ground that the indictment had been illegally ioxxw^—hnt nine Grand Jurors concurring. They proposed to submit an affidavit of the Foreman of the Grand Jury to that effect, and who, it was alleged, was then m_ Court ready to attest to the fact, providing the presiding Judge was of opmion that it would not involve any violation of his oath of office. Several authorities were read to show what were and what were not the secrets which Grand Ju- rors could or could not with propriety disclose. Further time was taken to consider the subject. His Lordship commenting upon the case, aaid that un- less such a course were permitted, he did not see how such an errors-suppos- ing it to exist— could be remedied. As matters were before him, however, ho was bound to assume that all was right, and he declined to advise the Foreman of the Grand Jury, leaving the matter to his own judgment and those with whom ho might see proper to consult. The Foreman declined, un- der these circumstances, to make the required affidavit, and the pnsoners were subsequently placed at the bar. On the indictment being read, they severally protested against the proceedings, alleging that "the mdictment had been informally found," and severally pleaded "not guilty under pro- test " " Being asked by the Court when they would be ready for their trial, their counsel replied that their witnesses were all at a distance— some m this, and some in adjoining counties— and they required until that day week, Thursday, 10th November. This the Attorney General ( , rsed, and named Tuesday, tlie 8th. Some argument arose between the Atto. aey General and Mr, baw- ers, the Attorney General refusing the later day. The Judge theu fixed the trial for the 8th, with leave to the prisoners' counsel to move on alhdavit tor the later day. ■, -nr t r -wt-i "A few moments before the Court rose, on the same day, Mr. Justice Wil- kins stated that he wished to make a remark in the presence of the Attorney General and the counsel for the prisoners, on the subject of the indictment found, and what had occurred in the morning relative to the proposed affidavit of the Foreman of the Grand Jury. , . " He had since thought over the matter, and he saw no impropriety m a Grand Juryman disclosing a fact which had no tendency to implicate any par- ty but merely to disclose some supposed error or mistake which might have occurred. He thought that substantial justice might be defeated altogether, unless it were allowed, and especially in a case of life and death. He had Buice the morning, had an opportunity, he said, of consulting upon the subjec-t with His Lordship the Chief Justice and with Mr. Justice Lhss, and iiiCj- o«*d;"" "™ """"" '"■ "^'''"' "'» P««- SStut not in p4 Cats r.Kr :f 1^2;^"™ - *« '"*-- »^>in- find a bill or L Tn'nM l J ■ ? I ™-i"'''*^' ''•''''S '"'«' "'^» twelve, conid ooncnrrelin the find"ng. '^ "'"■"^''Ives. whothor k^ than twelve had «>fe agaii^ufobm. ™" *"•"'"«-*"' there were m«. for, and qullho?" ^"^■'' "^ '"'' "™ «""•' "■"«»"■ ""on orfei-ed the bill to b. J ity to maH umod in a that, under the Grand se of tliesw iH, and, w« but not in )nt against directed 1 Jury for »en Court, ■ twelve of e arraign- arther, af- ps are to )inued on I by Mr. Supreme and Jury tcntion to Preeper which it ding was I solemn ! of their m if the had re- r, would question e, could at point. £)lve had rere sev- for, and 1 to b« " The Attorney General iu^mediately .submitted a now bill for manslaugh- ter against the same ten parties, and a great body of witnesses for the crown were re-sworn. After some deliberation, the Grand Jury returned, finding % true bill against Preeper only, for manslaughter. •• The prisoners were then again brought down. Preeper, upon bemg ar- raigned, protested against the indictment aa illegal— it having been found by this Grand Jury called together on a new venire, but who were not re- iionrn, — and he again pleaded ' Not Guilty, under protest.' " The two brothers, John and James Kenty, who voluntarily surrendered themselves in May last, and were refused bail, and had laid in prison ever since, were then discharged by proclamation. They were put under recogni- zance in £10 each to give evidence for the crown on the trial, if required. The trial of Preeper was fixed for Monday, the 14th inst. " Human life has been taken. Justice, and a due regard to the majesty of the law, demand a full, fair, public investigation. And we. are glad that an opportunity for it will now be afforded. " When the facts connected with this riot and homicide are made public, tlie country will be in a condition to form a just estimate of the conduct and criminality of both the accused and the acjusers." On Monday, tlie 14th November, the cause was called, and the following persons answered as jurors, namely : — ,^ ^ ^ -iv i -n Wm. McCulloch, Wm. Compton, Geo. E. Morton, H. G. Laurilliard, Par rid Sheppard, Richard Phelan, Alex. Dow, Evan McPhee, Thomas Condon, John Dunphy, and Dennis Shea. None other of the jurors being in attend- ance, the Sheriff was instructed to summon other jurors under the statute, which provides that if a sufficient number of jurors do not attend, the names of those wlio do not attend shall be relumed to the box as if they had not iKjen drawn, and the Prothonotarj' shall draw the names of others liable to serve, and shall cause the Sheriff immediately to summon t^ whose namea have been so drawn to attend forthwith. '^ The prisoner was then remanded, to be brought down on Friday. On Friday the Court met, and the jury having been called, eighteen an- swered to their n;: ';s ; of these the followmgwere empannelled and sworn :— Charles C. Tropulet. Thomas Morris, Archibald Morton, E. W. Chipman» David Sheppard, John Parker, junr., Evan McPhee, Wm. McCulloch Alex. Dow, John McNab, H. G. Laurilliard, Jolm Geldert. Mr. Tropolet was chosen foreman. , r\ t* i, ^ The following jurors were challenged by the prisoner :— Owen l^ononoe, P. S. Kelly, Geo. E. Morton, John Dunphy, Richard Phelan, Dennis bliea, John Murphy, Wm. Casey. . , At the suggestion of the Attorney General, the witnesses on both side* - were ordered "to remain out of Court while the examinations were going on. The jury being sworn, and Ih. Tropolet appointed foreman— The learned Attorney General said : t • * xi. Gentlemen of the Jury, — Yon are empannelled to try the pnsoner at the bar, George Prccpcr, for the manslaughter of Patrick Hurley. The indict^ *l!r 5" ^7*'' At. omcy Ooneral h.Me explained to the jury the nature of ^rnl f "•••^n^J'7/^^ter. to estaMi.sh wLicli it k not ne/emtry to r L phcutions whteh wou d have «unounded it hu\ the charge been that of .nu^. only necessary to prove ttiat the prisoner ci.usvd tL .leath of Ijurley The want of mahc^ could not excuse the offence. It merely reduced the crime ^rvTrnr. ?l""""^'^^^^^^^ There was only one difficulty that could p'v mbly perplex the jury, and that was, to fix upon the prisoner the very act e trTZVf ^t^^^^^^^^^^ of Hurley to prove tl/at he waJ the man who ;^llt;d man wl,n fi 1 .1 \ '^ ""'r^/'^^ necessary to prove that the prisoner was the rvK^nll I .1 ' «V*- T^^ ^'''^ '' '^''''' ^l''^t ^»'«" ^ number of persons he LllveLt . 'l ^^ """* 'Wohond that any such question could aiise. a« thtt fIm^" r ^^^^ \?f 'f^^ t^^«, 'i^'-^th of Hurley. It would be proved that Fatrck Hurley was kdled on the 12th of May hist, durinf persons rpose, and principals. 1 arise, a« a the miin be proved 5 the last tern road. us quietly had been r of men returned rhe party id in tlie n carried eath was vho were J merely julet and it a good scited by homicide 3 for the ick Hiu-- d a gun iO others 'a h«,-ij?e Halifax ^'ern. I , several it would not he right to have two or throe killed up there, A lot followed me. I Haid to l)avid King, why dld'ii^ he put av^ay his gun ; what did they want of gims there V I took hold of one of the guns. I .^aw prisoner shmding on Home h)gs. ITurli^y was near uio. I was either knocked down or fell when the shot went off. 1 heard tiie dis(!harg(^ Pree[ier juni])ed off' the end of the log. I could n<»t tell that the discharge v/as from the gun held in !*roeper's hand. T .^-.ghter,) I intended to vote for Gladwin and Falconer, I felt pretty cross a:*. : that, A disturbance took place between Rutherford and Gilfoy, I took Giitoy off him ; the scufillng wasn't worth while. This was the first difficulty that day. The next was at White's, Our party had a separate room. The Opposition party were there also. There was some squabbling in the hall. I went to see what it was. Mr. White was there ; John Reeves was there. Reeves and I went into the Opposition room ; they g;ive me a drink. I asked if there was any pei'son in the room who had challenged Gilfoy ; they said not. This was about two o'clock. This is what I understood the squabble was about. Mr. Wliite was trying to stop our men from going uito Opposition room. 1 saw no other difficulty there. This was about an hour and a half 10 t^iTtSl ^'^^^^^^'^'^0 at ^^^ F^inS booth. It was about four o'clock when 1 left White's house and heard of the row. I met Carrol, who said George Orray had strack him and cut his face. I said, where are they ? He replied they have gone up the road. I saw three or four men coming up the road' I then saw men coming from Kenty's. I didn't see the guns with them the hrst time. I didn't see the guns at all until I heard the first shot I can't say who fired the first shot. I brought a stick from the house with me • I had It at White's house. I couldn't see any other sticks there. I had it concealed under White's house. It was an oaken stick. I didn't take the stick until I saw how the thing was. John Reeves and I tried to keep peace J^rom the time I left White's until I got at the polling place I saw iio fight on the road. I. saw Reeves there ; he didn't look as if he had been in a fight. Crray had blood on his mouth, and he told me Jolin Carrol had struck him. There could not have been any other fight there without my knowledge. James hulliyan, who was very groggy, went up before me. Hurley was not there when I went up ; he came up after me. I called upon Michael Kear- uey to come up after me ; he was the only person I called upon to follow I said,^ "Mick, come along with me, and I will send them home if I can " I didn t think there would be a row then. I wasn't afraid of any person being killed. Our men were gioggy ; I don't think the Opposition men were Ihere were about 15 or IG men there with guns. I did not count them. When our party came too handy to the Opposition party, they told us to keep back, ihe Opposition were not advancing— tliey were standing. The first gun had been discharged before I got there. The guns were not presented when I first went un. I had hold of David King's gun ; he didn't crive it up. King said he did'nt intend to do any harm ; he didn't want to°come but was forced to do so. By this time our party mustered eight or nine I dare say a greater part of our people were on the road coming up at that time. Ihey had no sticks. The only stick I saw there on that day was my own 1 didn t see any of our men with stones. I didn't see any stones in Hurley s hands. When our party halted, they were within five or six yards ot the Opposition party. Some of our men were groggy, and wouldn't keep •^-1-' I saw Dennis Ring there ; I also saw McDonald, Martin Smith, and back. J. Donnell there. The men with guns didn't retire back— they held their g-ound.^ Preeper was standing on the logs. I went in between the two Opposition ranks ; it was then when I first saw Preeper en the logs. I do not think I put my hands on any man in the rear rank. The front rank men were very much exciied. (The witness refused to state what he did • the Court said he must answer.) John Reeves turned traitor, and T up with ray stick and knocked him down. I struck him on the back of the head. I then knocked down two others. I do not know who the}' were. When I got three or four down, I made a rush at Preeper ; I slipped, and he wheeled round on the log. Preeper was on the Lake side. When I got up, the rear rank were gone ; the front rank men were there, but their guns were pretty much taken away from them by our party. Our part"^ w.as too gtronn- for them. When I fell, the gun had not been discharged ; there was one^gun 11 lock when lid George le replied, the road, 1 them the . I can't ith me ; I I had it t take the eep peace, w no fight been in a had struck :uowledge. sy was not liael Kear- follow. I can." I rson being nen were, unt them, us to keep The first presented I't give it to come, nine. I ip at that ly was my stones in six yards dn't keep mith, and held their I the two >'s. I do ront rank > he did ; I up with head. I WheTi I 3 wheeled , the rear re pretty trong for one gun taken that was afterwards discharged at White's house. There was only on« whole gun left ; the others were broken. As soon as I got up I followed after Preeper; I don't know whether Preeper took the gun away with him. I don't kii'^w whether Preeper received any blow. When I made at him it tipped him on the back of the head. If I had made a good mark the man would not have been shot. When I turned upon Preeper, he turned side- ways, and I hit him on the collar ; if it had taken him on the head it would would have brought him down. While I was chasing Preeper I heard that Hurley was dead. The Kentys had left on my return. Reeves was still lying there pretty much over blood. David King was also down, and another man whose name I don't know; they were Opposition men. When our party found Hurley was dead, they turned round on Reeves, King, and the other man, who were lying down> and beat them more. There were four more of them down ; some of our side wanted to kill them, and others would not let them. King was not struck down by me. Some of them were taken pris'^ners by our party. I caught one of the Opposition party in the wood* and made hiti prisor --^ ; he was hid under a log. I assisted in making Reeves prisoner ; I c. ^^ged Reeves by the hair down the steps of the house to the car. I was told the evening before the election to be prepared to defend ourselves at the election. Barney Deegan told me the other side would be armed with guns. The Court adjourned, and resumed at half-past two o'clock. John Skerry, Esq. Was at polling-place No. 18, for eastern district of Halifax, at last elections ; was sheriff's officer. A little over 200 votes were polled. Things went on quietly until about half-past two, wher a riot occur- red about 300 yards from the polling-place. I was inside j heard the report of several guns; a man came in and said a person was shot. I 8Wor« in seven or eight special constables, who brought in two persons injured ; knew one, named Reeves. Guns wore brought in. Some parties rushed in and attempted to beat the men brought in ; they were prevented ; they then beat Mr. Stephen ; I got knocked about pretty well myself I got the poll- book and left ; on my return all the guns had disappeared ; a few person* were about the polling-place. I went up in the room where Mr. Stephen was, and made a note of the hour when the riot occurred. No man had been pre- vented from polling ; all had free access to the poll up to that time. Cross-examined by Mr, Young. My attention was not attracted by any row before the shots. The house was on the opposite side of the street. The men were much beaten : they were brought in by the constables ; a number of men were inside who wished to beat them ; I prevented them. Mr. Stephen represented the Opposition ; Paul Parrel and Captain Mitchell re- presented the Government candidates. Mr. Stevens was perfectly quiet ; did nothing to (!reato disturbance except swearing persons during the day. Stehpen was carried into the house by Mitchell. I closed the poll after the row. J think I heard throe or four shots. There were nine or ten guns twisted and broken. I recollect swearing Captain Mitchell and Mr. Gauld. It wa» about half-past two when 1 heard the guns. 1 went up in the train the even* ing previous. I saw a few sticks, but nothing to create fear of a row. 12 I Dennis Ring sworn. Saw Hurley wlien he was shot. 1 55uppose Goorj>o Preeper shot him. T went to polling-plnce between nhie mid ten in the mornmg, and continued there. Uilfoy and Rutherford had some quarrelin^r «utside the polling-place. I saw a number of persons leave pollinjr-placo and go towards Kenty's. They returned back with guns. Tliis was the first time I saw fire-arms. I heard a shot go off. I heard them shoutino- for party near polling-place to come on. Thoy were advancing towards the pollmg-place. Some of our party went up towards them ; they had no arms. r followed up. The parties met eaeh other ; saw them taking guns away and breakmg them. I saw Hurley— he was ahead of me ; he made a rush at Preeper to take the gun away from him. Preeper jumped up on mill logs at the Hide of the road. Hurley was pressing forward to take the gun from bim, when he discharged the gun at him. Preeper stumbled into the brook, and lost his hat there. He then went in the direction of the woods, and took bis gun with him ; it was a double-barreled g-un. Hurley lived about five minutes after the shot was fired. Didn't hear Preeper say anything. I heard one shot fired before the parties met ; wouldn't swear by whom 1° was fired. I couldn't say who had guns except Preeper. I afterwards saw six or seven gun-barrels at polling-place. I saw one of the guns discharged after the disturbance. John Kenty, James Kenty, John Lane and Charles Sillier were in the party with Preeper. I can't say who had guns. I saw Brian Kennedy running up ; he was engaged taking guns away from some of the party. Cross-examined hy Mr. Mc Cully. I live about two miles this side of polhng-place ; I was born there. I did not vote that day ; I tried to vote, but they said I was too young ; I intended to vote for Gladwin and Falconer. T saw Thomas Gilfoy attack Mr. Rutherford. I was not in the Opposition room that day. When I first saw Preeper's party they had proceeded about 200 yards from White's hotel ; tliey were going homeward, and pretty nearly all together. I ^ must have been inside the hotel when they started. I saw a^ lot of people in a bunch, as if a row had been going on. I saw George Gray and old Mr. Reeves through the day. I saw Thomas Lowiy going off the road ; couldn't say there was anybody after him ; may he there were per- sons going after him. I don't know any of the i>er.sons who were chasing LowiT. When I saw the persons with guns, they were half-way between the polling-place and Kenty's— about 50 yards from where Lowry was. I saw persons with walking-sticks : Mulligan had a walking-stick : my father, Dennis Ring, had a walking-stick ; Brian Kennedy had a stick. ' I did not see any stones thrown that day. There might have been about 15 or 20 there when I first came up. Our party outnumbered theirs. Our party still Jtept run- ning up. The other party cried out, Come on, you b rs. This was said before the parties met. I heard tliem sing out to our party to keep back. I didn't see Kennedy until after the man was shot. I didn't see anybody knocked down. Tlie guns were pretty well taken from them and broken before Hurley was shot. Preeper was on the western side of the road. The first thing I saw when I came up was the man fall. I saw Preeper as I was 13 lose Georgo ton in the quarreling ollinsr-placo lis was the n shoutins: owardvS the id no arms. !2;uns away ade a rush •n mill logs e gun from the brook, 3, and took about five Vthinfj. I lom it was :1s saw six diseliarged id Charles IS. I saw )m some of his side of y^t-i tu V yJlVf \ Falconer. Opposition 2ded about 3ttj nearly d. I saw iw George 7 going off ) were per- re chasing utween the IS. I saw ler, Dennis 3t see any here when kept run- is was said p back. I 3 anybody lid broken lad. The r as I was coming up. There was nobody near Preepor at the time except Hurley. Hurley was chasing Proeper, who jumped up on the log. I saw the gun before ; I know it by the brass on the stock. I was examined twice before the Grand Jury. I was examined on the coroner's inquest, I didn't hear any words pass between Preeper and Hurley. I saw Hurley in the act of catching the gun. I have never said on any occasion that I didn't know that Preeper shot Hurley ; I never said so to John Preeper. I remember having a conversation with John Preeper on the subject. I saw John Reevex on the ground. I saw John Lane lying under a log ; Martin Smith went into the bushes and got him out. I did not see anybody beating Reeves. I saw him brought into polling-place ; he was cut and bleeding a good deal. Preeper was pretty handy to the logs when I first saw hhn ; I did not see him cross the road. About a minute or two elapsed from the time I first saw Preeper until the gun went off. T was examined on the coroner's jury ; it was taken down, read to me, and signed. I put my mark to it. [Witness'*; evidence given before the coroner's jury was produced and read to witness, in which it appears he stated as follows : — "Preeper retreated across the road, apparently for the purpose of going into the woods ; Hurley pursued him, and almost had his hands on Preeper 's ' gun when the latter fired the gun."] Witness continued — Preeper did not run across the road. William Kelly sworn. I left polling-place about two o'clock or a little after. I met Preeper about quarter of a mile this side of polling-place ; was carrying a double-barreled gun on his shoulder, without any hat on. I asked him how he came to bo there without his hat ; he said he left his hat behind him in a shower of stones. He said there had been a row, and he had done his share, and if others had done the same he guessed there wouldn't hav# been such a row. Preeble was with him. Cross-examined by Mr. Mc Cully. I voted for Falconer and Gladwin. I had Prentice and anotlier man with me. When I met Preeper I underfetooi ho was in a row. I did not live at Grand Lake at time of election ; I wa# employed by Government on the road ; had charge of a piece of road under Mr. Fectliam ; I am still in Government employ. I spent all that day in the election ; the Government paid me for that day's work ; I got 6s. 3d. for that day. I saw no fight on that day. I saw Reeves after the row ; they had him standing up. I saw some kind of a scuffle when they were beating Stephen ; he was not badly beaten — he was able to run. I saw him struck with fists. Bernard Deegan sworn. Was at Shultz's on day of election. I am section master on the railway. There was a slight disturbance about ten o'clock between Gilfoy and Rutherford. About two o'clock heard word* between Hurley, Gray, and Carrol ; Gray and Preeper had their heads out of White's window ; Carrol and Hurley wore on the road ; both parties used abusive words ; Gray said he would mark Hurley, and the latter said if Im was outside he would not do it; didn't hear Preeper say anything. Mr. Skerry requested me to quiet them, but Ihcy did not mind mo. " Saw Hurley and Carrol go couiid and go up White's steps; about 8 or 10 minutes after- 14 wards I saw a body of men go out of White's back door and go up tbe road ; T thought they were goinr away ; I recognised James and John Kenty, and George Gray — I think piisoner was there — in all about ten or twelve. A young man named Ring came to vote ; I invited him to take beer ; we went to White's, and while in the act of filling glasses, a young man named Wash- ington ran in and said. "They are coming down the road with guns ; men, turn out." I requested Benjamin Doull to make peace, as their party had guns. I heard guns discharged ; I saw men with guns — can't tell how many; I was 200 yards off; they were near Kcnty's mill, which was des- troyed by fire the day before. I saw the party with guns coming down towards White's ; I could not identify any of the persons. After the dis- charge, James Kenty came down the bank and said, "I am clear;" I don't know what he meant. I was told by Messrs. Smith and Wells that John Kenty was shot. While in converaation with Mrs. Kenty, I met prisoner ; he had a gun ; I asked him if his name was George Preeper ; he said it was. I asked him what induced him to bring a gun there ; he said he was advised to do so. Cross-examined hy Mr. Young. I was there about ten o'clock in the morning. I voted for Falconer and Gladwin. I saw no violence. The expression Kenty made use of to me when he came down the bank was, " I am safe." There was a fight and confusion as soon as the Government party went up. I asked him his name, because his head was bare and wet, and I didn't recognise him. The day before, Mr. Feetham sent me a note to let the men go to the election. The men and myself got paid for that day. I «aw neither sticks nor stones in the hands of the Government party. I saw neither Lowry, Gray, nor Reeves knocked down. [The Court adjourned at 5 o'clock. The Judge stated that he could not allow the juiy to separate for the night.] SECOND DAY, Saturday, Nov. 19. Mr. Justice Wilkins. — I am sorry, gentlemen, that the requirements of the law render it necessary that you should be confined during the continu- ance of this trial ; but I feel it necessary that it should be so. Charles C. Tropolet, Foreman. — The jury are desirous of performing their duty to the letter, but they wish, through me, to ask whether, if the case extend over Sunday, the jury wlil be permitted to return to their , homes, under an obligation not to communicate with any person. Mr. Justice Wilkins. — The law must bo respected, gentlemen. I have no desire to confine you, and will look into the subject and answer your question. IHB . 0RF,MAN.==1 am atrai-a, my jjoru, that wc will not bo able to hold o*t, — ^but few of the jury obtained rest last night. Mr. Justice Wilkins. — That may be obviated by counsel confining them- up the road ; Kenty, and twelve. A ir; we went amed Wash- guns ; men, r party had I't tell how ich was des- tming down fter the dis- ■;" I don't 3 that John Qt prisoner ; said it was. was advised ilock in the [ence. The nk was, "I nmcnt party wet, and I note to let lat day. I rty. I saw 3 could not ^ov. 19. lirements of he continu- performing ither, if the rn to their n. I have nswer your jIo to hold ining thenH ■■i 15 selves to questions pertinent to the issue, in which event the day would be sufficient to finish the case. Some conversation ensued with respect to the relevancy of questions. Mil. YouNa proposed to cite a case bearing upon the question of confine- ment of the jury. Mr. Justice Wilkins. — I iiave looked into the questions thoroughly, and made up my mind on the point. Even if the discretion were vested in me to allow the jurors to return home, I should not exercise it in a case like this. Jajies Sutherland sworn. — Was at District No. 18 on day of election ; I was there from commencement. The election was very orderly until about mid-day. I heard angry words spoken. The first I saw after dinner was the deceased, and Carrol, and Gray, and prisoner, quarrelling. Gray called Hur- ley a d Catholic son of a b , and wanted to fight. Carrol and Hur- ley said, come out of the house and we will fight ; afterwards saw Carrol and deceased go up White's stairs. After this, on looking out of polling- booth, I heard them say the men had guns ; I looked out and saw some eight or nine men with guns. I saw one shot fired immediately after I went out — it appeared to have been fired in the air. I heard at least four discharges. A few of the government men had sticks. I took them from them in the morn- ing and threw them away. I remember Bryan Kennedy having a stick — I wanted to get it from him but he refused. I didn't see a man on the occar sion with a stick in his hand ; saw one of the liberal party put stones into his pocket. I did not know the prisoner at the bar on that day. Cross-examined hy Mr. Mc Cully. — I am son of old Mr Sutherland — cl^rk in his employ. Had been overlooking men at the time of the election ; my father had from thirty to fifty men ; there was not more than half of them at the election. I suppose some of the men with sticks came from our work ; I suppose I disarmed two or three ; I suppose they were beech sticks ; they were good heavy walking-sticks ; I considered them dangerous weapons. The polling place is directly opposite White's hotel. The liberal party had a room by themselves there that day ; I was in it in the morning ; it was full. The government party had not the bar-room that day ; the bar-room was occupied by both parties that day ; I was in it on two occasions. The parties in the room were about equally divided ; I didn't know all that belonged to the lib- eral party. When Carrol and Hurley went into the house, seven or eight of the liberal party left the house immediately after ; they came towards Halifax ; they had no guns. I did not see the government party pursue them ; they might ; I heai'd angry words pass between them. I saw Carrol after Hurley was killed. I didn't see any fighting there that day. The votes polled were seventy-eight for the liberal party and ov(;r two hundred for the government. I remember two shots being fired, as if two barrels had been discharged at one time. I saw Bryan Kennedy putting his stick into the porch of the ho- tel. I saw an old man very much beaten ; I couldn't tell the color of his hair, it was so covered with blood. I knew Hurley for two or three years. r* W ! 16 I don't kuow that the gun was taken from the liberal party; it was told WiLLTAM Mackintosh .mwn.— Went to Schultz's on tlio day of election at eleven o clock, and remained there until two or half-past two o'clock I saw no disturbance until on my way home. I saw two guns dificharoed • it came m the duection of the mill. I said to the party wlio were with ine hold on there are the guns now. When the shots were fired the men ran ur> against them. I can't say who fired the shot that killed Hurley. I saw the man that was shot moving leisurely along, and another at the end of the log Ihe man who fired had one foot on the mill-log. The man elevated the jruii "• 1 saw him from the field on the hill ; there was not more than thirty feet dis- tance between the party with the gun and the deceased. The eovernment party were not armed ; both parties wore civil. 6Wrmmn.rf^^3-J/r. J/cC'7%._Istayon the Guvsborough road. I voted for Falconer and Gladwin. The fir^rt two shots I heard wont pop-pop ' l^rom where I was standing I was in a position to see how far the deceased and the man with the gun were apart. I didn't see any sticks that day 1 saw one old man with a staflf. I heard it talked of in the neighborhood be- fore the election, that there would be a row. , Martin Smith sworn.— Was at election ; there pretty much all day t heard two shots fired ; came out of White's house and saw men with guns on Kentys road; John Eeeves, Alexander Taylor, Jolm Lane, and Peter fepriggs had guns. Mr. Doull and I went up the road and mot Britton on the way ; at this time there was no fighting ; our object in goins forward was to induce the men to put down the guns. I c?me up in front of Bryan Kennedy ; I went right up to them and advised them to put down the guns • they said if 1 didn t go back tiiey would shoot me; Alexander Taylor wa.s one of them. I can't say who fired the two guns. They pointed the gun^; towards us but didn't fire. Preeper was there with a doulile-barrelled gun • 1 reeper IS accustomed to the use of a gun ; I have been with hiiM hunting' VVhen Bryan Kennedy came he did not say much to them, but struck at theS with a stick ; the row then commenced. After two or three of them had been knocked down, the men with guns retreated and faced ac^ain. The gov- ernment party twisted the guns from them and tried to beat tlem with them Ihe men were knocked down before Hurley vfixs shot. Hurley came up af- ter Bryan Kennedy; Preeper was facing Hurley ; saw deceased with his hands up as if he wanted to take the gun ; the men were close up together • I was SIX or eight yards from Hurley. Britton took Taylor's gun and hit hira with It, and then got another, and held them both. Two men came up with stones m their hands and were going to hit Britton ; they thought he bo- onged to the opposite party, because he had the guns; I said are ?ou going to strike one of your own party ? they said " is he." I can't say Pieeper shot the man ; he hold the gun low down ; I saw the smoke after the report • saw Preeper run across the brook ; Mr. Doull fired a stone after Preeper I didn t know the position of the gun, but Preeper's hands wer^ dnJn wl,«n the snot went off. 17 y ; it was told lay of election o'clock. I Uncharged ; it irere with me, e men ran np y. I Haw the id of the log. ated the gun ; hirty feet dis- ) government igh road. I ent pop-pop ! the deceased that day. 1 iborhood, be- 1 all day. X with guns on , and Peter I) Britton on )lng forward )nt of Bryan r'li the guns ; ■ Taylor was id the guns rrelled gun ; iiA hunting. :uck at them )f them had . The gov- I with there, came up af- ed with his p together; juu and hit >n came up >ught he bo- ) you going ii\y I*reepe"r the report ; Preeper. I down when Cross-examined by Mr. Young. — I was not there when the men left White's, and therefore can't say what induced them to bring the guns. They were all peaceable and respectable farmers in the neighborhood. The Ken- tys are very decent men. I think their intention was to keep us off; they warned us not to approach. Bryan Kennedy struck the first blow. John Beeves, Alexander Taylor, and Lane were knocked dowr ; Kennedy struck down John Reeves ; he is an old man ; McDoull and Britton knocked Tay- lor down. I saw Kennedy striking amongst the crowd ; he cracked on like fury, and some of them went down. Taylor swore he would shoot Britton, and then McDoull knocked him down. At the time the men were knocked down there was only four or five of the government party. After Taylor was knocked down Britton took his gun and gave him a clip over the head. Af- ter Kennedy struck the blow, and after Taylor, Lane, and Reeves were knocked down, Preeper and his party retired back three or four rods; It was just at this time the two men came up with stones. Preeper's party wheeled back again, and by this time they were all huddled together. Preeper was standing on the road, alongside of a mill-log. Hurley must have passed mo and advanced towards Preeper. The men were not all together ; some of them were a little further up the road. Hurley advanced towards Preeper with his right hand up ; I can't say what his mtention was. Preeper's hands were down ; they were lower than the other man's. I will not swear that Preeper shot the man. When Preeper crossed the brook McDoull struck him with a rock. I didn't see Kennedy strike Preeper. I saw Reeves after the shot very much beaten. I brought Lane out of the woods ; he had blood about him. Alex. Taylor had a bad cut in his head. I voted on the gov- ernment ticket. Re-examined. — Saw Hurley after he was shot ; the ball entered his neck. There was only one report of a gun when the man fell. Judge Wilkins stated to the Attorney General that if the last witness' impressions are substantially correct, and not hereafter to be contradicted, he didn't think any witnesses the crown would produce would vary the legal ef- fect of the case on the part of the crown, and suggested this with a view not to multiply testimony. The Attorney General said he felt the force of the suggestion. James McDoull. — Saw fight at Election. Was told in White's a row was going to commence ; came out ; and saw men rush towards Kontys with guns. They numbered about fifteen or eighteen. They were pretty much all in a line. I recognized Alexander Taylor, John Reeves, and Preeper. They were standing. About three or four of us went up — Martin Smith, Dennis Ring, and myself. I had nothing in my hand. I approached Taylor and begged him not to make a row ; he cursed, and swore that if we did'nt keep back he would blow our brains out. I put my foot behind Taylor, and put him down gently. Saw Preeper with a gun in his hand ; he came out by the side of the road ; he faced towards the crowd ; the rest of our party were eomino" von. Thev retreated and turned round afain, and some of their guns w«e presented. I believe Hurley was anxious to catch the gun from Preeper 2 18 when the latter fired. Hurley was ninnin.s? hnnl ; I think he raised his lian.l Preeper was holding the gnn down until Hurley came up, when he ra eS gun to his shoulder and fired. I did'nt hear a word exchanged between th^ Preeper fired and retreated I took up a few stones and Mowed him. He tad a stS "" f n ?T^- 1 ^^" ««ve-ment pai-ty was not armed. Kennedy hada stick. I only heard one gun discharged the whole time Cross-examined by W. Q. Sawers.-UyQ on Guysboro' road. I worked TvoST Z ^"^"" ^^^^r^ ?' 'H'"" ^^« ^"^"^ «^ ^^«^ ^ «-ved there. I >oted for Falconer and Gladwm. I was in White's house. The riot was aln'ti?^ T r' '^^""^ '^'' ""^'^^ '^ '^' '^^y- When I was in conver! stono. T ^'{ V '" 1 "^^^f ™^ ^-""n^ng "P- »Wn't see anybody there with stones. I didn t pick up the stones until Preeper fired. I had'nt stones in S t^ m1rf.fr". ^^'w^ ^S" 1 ^^^"^ "« ^^^-^«d Alexander Ta'lor a ttt "V , I r • ^^'^'^ ^^'^'^ ^'^* *^^^^^^« ^^^««P«^- 1^« went back L fi- ■^«.''^r^<^'^\ ^ g^"^ r"" ^ "'^^ *J^«^« ' I couldn't say he was doino- anythmg offensive; he strugg ed; I didn't strike him; I knocked him dowS and broke the gun ; kept the barrel and fought my way the best way I codd Some were forced to go away; we followed diem; they took into ti woods because I was sworn in as one of the special constables to keep the peacc^ t.AiN Mahaney.— I saw men coming down armed; heard the shot and subsequently saw Hurley shot. It was sometime aft^r dinne tlm 1' Irst eard of any disturbance. Up to that time all was peaceable. I saw a dis- turbance before— Lowry and a man after him Cross-examined by Mr roung.-Kra contractor under Government for getting out stone. I employ about thirty men and pay them. I took an couhr ^Nonoof7' ^'"'"°r r^y'^''^^ P^"^'^ for the Government as i could. None of the men employed by me had sticks. I saw no sticks but one wi^ ail old man. I neither saw nor had a pistol. Saw a paity of n^n leave White s house and go on towards Halifai. A row occurred; LowJv was knocked down ; I tripped him; he fell over the bank ; as far as I could see nobody else did toucli him. I tripped him because I saw him mi nb. stone that day. I was m the room that was used by the Opposition side There was a room set apai-t for the Liberals and one for Government The Libera s had the south room. I went in the front door and went thi^u.h t le hall, (the witness here contradicts his statement that he was in the Opposition roorn. ) After Gray fired the first shot I went away. Gray pu dieC t his side and fired at random. I heard only two shots that day Gra^ was Keiity s house I saw no men cross the road with guns. While ad vane in" towards the poling place the first shot was fired by tht Opposition party tl e? came to a stand still on the road. It was before'this th^^the slXwIs^fi^S^ I saw no persons advancmg towards them with sticks or stones. I saw three S„t-_?'''- ^'■'' '''"'% ^--r ^^^P^^^^ ^^''^' I only saw one man stiu.u h:m. X uad a contract to Uii up tiie cove at Grand Lake". I conduofced 19 ised liis liand. he raised tlie jetweon them, ed him. He 1. Kennedy i. I worked irrived there. The riot was IS in conver- >dy there with I'nt stones in ander Taylor he went back ho was doing- id him down way I could, to the woods ilvo Stephen 10 peace, ;he shot, and • that I first I saw a dis- remment for I took an emment as I 10 sticks but paiiy of nien •red ; Lowry r as I could him running d no stick or Josition side. iment. The tlirougli the e Opposition t the gun to Crray was place than e advancing party; they Jt was fired. I saw three iw one man myself as a quiet, peaceable and inofFonsive man that day. I never figured in any other riot in Nova Scotia. I squared oft' accounts with Izatt. GrEOLGU MircHELL. — I was inspector at polling place eighteen, spoken of. Nothing occurred previous to the firing of guns, to create disturbance. Mr. Stephen had a pistol ; he represented Mr. Esson. After the guns were fired two or three men came into the booth very umch bruised ; one was a white- headed old man, the other about forty years of age. I saw a gun and fired it into the lake — from the disturbance in the water I concluded that it was loaded with slugs and shot. I saw no riot ; to the best of my knowledge all was quiet before the firing. Cross-examined h/ Mr. 3Ic Cully. — Was at election as inspector for Fal- coner; I voted for Gladwin and Falconer. Did not see the party with guns until after tlie shot was fired. Heard no quarrel. Was not up tha road until after the shots were fired and the man killed. Saw a pistol picked up in the house ; j\Ir. Stephen admitted it to be his. I saw no one strike him, but could see that ho had been struck. I was struck ; no blood was drawn. Stephen was a mass of bmlses. Don't know whether the men brought into the polling place belonged to the Goverament side or not.' I saw an old man brought in. JouN SiiKiiiDAN. — Was at the election at Grand Lake. Saw a small scrim- mage neru-ly in front of the polling place, about two o'clock. George Gray put his head out of the window and shook his fist at Hurley, and told him ho would trhn or di-ess bun before he went home. Saw Sprigs pick up a stone. We went round tlie house to go in the back way. Hurley and Carrol were under the window on the road. A few minutes after, fifteen or twenty men — Gray, Peveril, Preeper and others — came out. No row occuiTcd on the road before ; there were some clips and clouts, but Preeper's party ran toward Kenty's. I have often seen as much disturbance in the streets of Halifax. Shortly after, these men returned with guns. Hurley, Carroll, and others were wandering about mixing with each other. The whole distance from the polling-booth to Kenty's is about 300 yards ; they returned about half way. I saw Taylor flourish a gun and challenge the others to come on. Twelve or fifteen had fire-arras. I did not approach any nearer. Preeper was one of those who left and went towards Kenty's. I was chiefly inside the booth ; saw no sticks or other weapons. Cross-examined hy Mr. Mc Cully. — Livo on the old Truro road. Voted for Gladwin and Falconer. I saw in the Morning Chronicle that it was stated that it was proposed at a meeting in Halifax where Mr. Jennings was president that fire-arms should be used. I heard some ill language pass l)etween Rutherford and Gilfoy. Hurley and Carroll remained on the road. I was not in the room of the Liberal paiiy that day. I did not hear the party who came out calling to each other to go home. I did not see Kenty, Taylor, Lowry or K-utherford come out ; when they got cleverly out on the road the scufile took place ; I did not see any mo'^ of the Liberal paiiy down ; I did not hear the cry of murder ; I did not see Peter Spriggs after he picked up the stone ; it might have been a handful of gravel, Thomas Gaull. — Was not present when Hurley was killed; saw men 20 saw no 4ks orttoncs ' "'"""' ™" »" """'"«°'' """^ l-i^Hy ! interfere to tako the gut awayZn^^^^ !!¥ Mr. Srophen to there until w„,e timfafter I Z nif™ V '" ""* ''•' *■ ' •"'°*'""«'l the poUin^plaeo with a »« in h^'^Y^rsL; r^ro" ' " v"^ f™" wet tui -" "" -* " «»"^'— -nZ„"t;," tnteZ ^n^ ™t'i^a™k^<^j:^?;HT^nrrT^^^^^^^^^^^ there was another wound behind the "eft Zl lor %,e If ,.'''' "","*'','''*■ ' tho mam arteries of the neck were severed S „„ 1 , ' "°" '"■"'"" -' He died from loss of blood oel LedX the wouT tH IT," f""*"'; £";irthruirh^tsrth:;ir^^^^^^^^ .». charge of poWw^' J^^^rTo Stetutt'S- bl^ the wound about an inch Cllv w-T^l • ^ ■" T"" "^ ™'' »>" »? medium height. H,rfey mus havrL k', "\^' "• '"'igl't-^hout the gun must have been depS "" '^'°'' "'^ T"™" "''» ^''^'i; ""> The case for tlie Crown here closed. ' Hon. Mr. McCuliy opened the defence He «-,id • Tt i, gentlemen, as counsel for the prisoner at ib. h '•'."',—" '"'"»">'»' n-yduty, ings_, to ask your careful StenCrl ^ifc "' 'J"l "'''S^ "^ .*« P^^S- ttlfKe'l™s^ag:sthri^bill7"l"^^^^ ^ -- ■»- «f --i defence sbouli' bar^omeT^r^f iZtZ^'jTf *? °P^""S,°f ""' known the family of the Drisoner i„tm!,l r "'"*'"' ^"™' *''» ''"^ health, amon« oth'or eon:idSSs. t^^r'f preveS?:ril fb' dT "' consequence devolves uiion mp tLv« • '^'''' P^^^^"^^ nun, and the duty m this office. The cTeTone necelS ^ ^""'^ ^""™^^^ difficulty arose between trjiSi^^^^ 5,1^^ "^"'T'' • ^^^ ^^^"'^« were inflicted, and one man'; fe wr?.!?' ^ • * ^^^^^ d, serious injuries said, apoliticdcaseTnTat asnecf h'l h-\ ^f.T ^'"P'^^t'^'-^^J. as I have friend, hi the exerSe of a w?e dis^^L ^'-t ^'"^ ''^'''^''''' my learned sought to assume thr;sitiorW^^^^^^^ ^^^^ ^^'^^^^^^ ^-« -S-ly witflfgLSll^'t^oSe?^^^^ ?^*f *« y-' g-tlemen, and, if not ^ntirX fnis A' W ^ ^'' ''^''^-'^' P''°P^«« *« ««* '^P -^ misn„.-t.«G.,u, X may venture to predict that you will find, 21 before the evidence ftjr the pviHoner is exhausted, that the case for the Crown presents a very, very nieaj^ro and iiupert'oct sketch of the transuetions wliich took place at polling-district No. 18, on the 12th of May. It is matter of utter astonishment to me how the witnesses for the Crown, who pretend to have been present during the occurrences which led to the death of Hurley, should have given you such a one-sided version — should have seen all that militated against the prisoner, and been blind to everything that oiMjrated in his favor. I'reeper stands hero indicted for manslaughter. Ho, with the Kentys, has already lain five or six months in jail, not on this, but on an- other diarge of a mu(!h more serious nature, which the Grand Jury refused to countenance. But ho has now to meet the indictment as it stands, and, in my judgment, he will be al)lo to do so successfully. It will be shown to you, gentlemen, that great and good reasons existed for apprehending that if, on the memorable 12th of May last, any elector dared to present himself at Shultz's Inn to vote for Messrs. Esson and Annand, the Opposition Candidates, ho would do so at the peril of his life. It had been intin'iatod, the rumor was prevalent, that they wlio were going there on that errand liad "better take their coffins with tliem." The whole country side, gentlemen, was in a most disturbed and unsettled condition for many days previously, as we shall show you, and a state of things existed, rarely if ever known in this peaceful country. You will find that on the morning of that day, Mr. Mosse and, I think, Mr. Scott, left Halifax in the cars on their way to Shultz's — that from the time they left Richmond Station until they arrived on the ground, these gentlemen were busily employed in collecting together as large ti number of railway navvies as possible. That these men came there annod with sticks and small crowbars, — that so great were the apprehensions of miscliief about to be perpetrated, that some who went up in the cars seri- ously contemplated returning forthwith to the city. That on their arrival at the polling place, these sticks, with pick-handles, crowbars, and other wea- pons, were piled away for use. It will be found that the parties occupied different rooms at Shultz's, now White's Hotel — that the supporters of the Op- position remained in their own room, peaceably and quietly attending to their duties, and in the same manner exercising their franchise. That on the con- trary, the supporters of the Government, in the early morning of_ that day, obtruded themselves unbidden and uninvited into the room occupied by the Opposition party. That they then deliberately insulted the supporters of the Opposition Candidates in their own room; broke a tumbler in one man's foce, threw their liquor out on the floor, wasted their provisions, did everything they could to provoke a quarrel, and that the assistance of i\Ir. White and his staff had, on more than one occasion, to be called in for the purpose of pre- serving peace and compelling these lawless intruders to withdraw. We shall show you that a man named Gilfoy, early in the day, seized, old Mr. Rutherford l)y the throat and attempted to choko him ; and that another peaceable and inoffensive man who was quietly seated upon a log, was kicked by this same Gilfoy and driven off. In fact, gentlemen, we shall show to you a'sories of aogresslons antecedent to the riot, outrageous beyond human eudu- 22 fleS up (he mnVrKontvXl"?, "; ; 'r".r™ '"■•'<'• '""1 "'» ■'""■""''or thcv ™t "nn, .,n 1 ^ i^ T ' ' ''^ "'" G»viM-mm.nt iiuity. There then they cnme " » »t™7.H i ,„ ,1 ," '' "' ''■"'' "" '"«' "^"'P«''' "'"' this second attack a nnmlior nP ti.„ '^'^ '!■ h'luic av.is mado Uuvin"' Won. ..™i,c,i::„;,;„7;'L:yt«zr'"" ""^^ ™-° ''""^•'^•'' "«"• ehargefl the mm I think v,™t-ll J"", ''^ '^"'T' """• ""> "'•■"' "l™ '«■'• only Th^ princinle blf „^ . mans anghtcr bnt of exoussWe horaicWo lifc of thit o'thorfrler h n te hi ™, "'if "ir '^J-'^"',"' '^'k-g ,ho ™o,.e „ae,.d to English„,cn thanan S^ t i, "atru'Lll,;'^ ■!""" 'l"'^' i-tor TlTn!. 11 ^^ ^^ '"^'^''^ '" "^''^'^''"^ the laws you are to admin suited »,, inj;S^<*'nL:"'„fIXli '': „ in the'o""" ■'™*""^ t^' ^j^ IS S-^ l^t^ tr;j;:r 7?;s cau'iuf;. „es The ff tith whiV^ . " '" s^PPorters of the government tho);i,.h s Imust^ I JI ^ ^^'' supporters of the oppoltion armed assai LVe/rT-^llr"'/.^"^ taken-not fo/tV purnose of . -., tne.r opi.v.cx.., as i« eviaout frum their having been left a quar- ^f:.M ■ the tiihabit- ilcsi^ricd and Shultz'H Inn 1x1 together loiivo accdrd- loy weru set lo men, who 3d thoin like ronijiinder yty. There •esene thoso scjiped, and n increased f" During 2ked down, It is a m el- an who dis- liorongh in- e liomicido 1 wlioso life taking the Hioro (lear, le^-e which ly protects -ith a still • 1 the selec- i to admin- m to know >f the con- of acts of vo popiila- 'ime hcap- 1 stand at brutally I's peace. lart of the regard it irce from instiga- of these vermnent ">n armed irnosfi of a quar- 23 ter of a mile from tho poUincr ])laco, but for the protection of thcmsolvcH from threatened injury on their retiu ii home ; and the right to arm fur self pro- tection, while danger to life or prop.ity bo reasonably apv)i-ehcnd('d, belongs to every individual inomber of w-iety. .My learned frien.' Mi. Vuung, who is with us in this cahu, wdl, on the .Iohc, go fully into tho facts, commenting on tho whole caee, and I fthall therefore not occupy moro of your valuable time, or trouble you further u. present, but proceed to call tho defendant s witnesses, « • 1 1 ti, GuACB CiiANnLER.— T llvc at Grand Lake; have done so for ciglit months ; live about ten yards from White's ; was there at tho time of tho election ; niy husband was assisting Mr. White at the hotel ; I recollect tho noise , ..d riot ; no one was in tho house at the time but myself and two littlo clnldren. . Ihe first thing that frightened mo was seeing men with guns ; I was looking out tho window; tboy came from the direction of Kenty's house; I saw thre- men with mms opposite my house, which faces towards tho lake ; tliei'^ was :' good deal of noise ; further up towards Kenty's a figlit was going on I saw men pointhig guns at other men, and telling then, to keep back ; they would not I saw one man point his gun towards tho feet of Hurley, but there tlid not seem to be anything but powder in it. Hurley picked up two rocks, one in each hand; they then told him to go back, and |ointed their guns at him ; I saw one man with his finger as if he was going to } nil the trigger, so I drew back and dropped the blind. I heard a shot; abo it a minute after I lifted the blind and saw the man shot running towards the ( her men ; he fell down on some planks about twelve or thirteen yards from vhere he was shnt; he got up again, ran some twelve or thirteen yards furth^ r, and then fell deatl. There was a very great noise— a noise from the men who were getting b-at— moaning and groaning. I saw the man removed away he laid several min- utes before he was picked up. I saw people beatiu,^ an old grey-headed Gross-examined hj Mr. Johnston.— \Yent to live a^ Grand Lake on the last day of April last. My husband was coachman to Tv. Henry Boggs be- fore he left the city; he is now farmer's man to Mr. ^\ lute. My house is nearly opposite Kenty's mill; tho mill was burned in J lay last; my house was rmly three or four yards from the mill-stream ; the bi -ok runs across the road ; I saw men i-unning past the house : I did iioc km v them ; there was a large crowd, more than thirty , they ran pretty much U] ^o the mill brulgo ; they met the men with their guns. The number of men who first went up and came back with gun&— there were twenty or thirty, if not more ; some ot these went out of sight ; the guns appeared in a few minutes after they passed the house ; T saw no more than three men with guns ; I Ion t know wliero the gun^ came from ; some of those who passed the house came back agam with guns; I only saw three. Tho men who came down with guns, came down abreast of my window ; the three men lined the road. When the men first passed up the others followed, just as if they were cha. n^ one another I can't say where the three men with guns had gone through the crowd which was fio-htino-. The man nearest to the house was about three steps from my I 24 house ; the other two close alongside Hnrlov woe i.,, i,- li? The court adjourned. THIRD DAY. ■p -r, T Monday, Nov. 21 ing about evidently .iivin.r to kkkm^yn^VT' i /''"««'»*'» *«« gO" who I was going to vote fo° I^idTwa, L ^ , ^^''" " '^''«<' ■»» "InGod'/nanfeyoutadtetorl^^^t folf 1^^^^^^ '° ™/M ""^ '"^ ^"' your coffin." Mi^ael Kyafwa "a kSo^ nCte ^n" '""' '""'"^ P"*?™ ^eked me a,^in. Both p'acerof ^.^t::: ™ fLe h tnThU!" T" "'; into both rooms, took a glass of beer in owh ■ Iwlk " ' ^ *™* tempt to force their wayito tl e r 1, of Th ^^t on «7'r « ffia'- be erected, and 3Ir White wis cnll..,l ,;„ f "PP"»'"™- . A barricade had to them did go in TleZSon mrlvw''"^?"' "'^*" S»'»g »; »>"'e of all the skulling w^ o^ th^t'Tf is^t'i:!";:,;'^ "*'^ -""-•■ J^^S:^^^^ fif J% I.wa. as. se^dme by the throat; I shoved hinfout rfdZ; two oth™ t'en tli''^ ine ; I was rescued bv some othpv ivnfmo . t i v i ""^"^ "^^n attacked part of the day I was'aStcl'in ^^iJZlJ^Vts ^' ' ^^^^^ s^e in the hall, tu^y .r;kTiu.£^£^;KS:S^^. t' 71 ed to mjui-e me severely but missed his aim. /d d not leav^ until n f' man was shot. All our party had left their waggons J bi IWv' T '^'' I am a farmer, living on the Guysborough road"'' '"'^ ' ^^™- ^ross-examinedby 3fr. Johttstov T Unr. 'p n i» i um. 25 If; none with side the mill, aid there four ins. I came Nov. 21. )r the Inland o'clock train (imenced. I ;ween twelve tartin Smith, behind me, ikside; they - picked up an like me. d Archibald )ut you are ten were go- d asked me il; he said ter prepare two men at- ise ; I went it party at- 3ade had to n ; some of ly manner ; I was as- e him ; he n attacked A-t a later le man. I of others ; the room, he intend- after the ty's barn. [ went up !. When an hour : *. i went in there to save my life ; continued there till a man told me I had a chance to start. I left pretty soon after Hurley's death. Had no gun with me ; did not know that guns were to be there Wednesday ; saw no guns. I did not learn this from Preeper. Preeper came down with me the night be- fore ; no mention was made of guns. Had not been at Kenty's after I left in the morning until I went home ; lleeves, Henneson and otliers were there. I think Preeper stayed at Mr, Taylor's the night before the election. I lieard no talk of guns at the time of the election. My son came along after the death of Hurley, and told me that now was my chance to escape. The long bam is situated nearer Halifax, say by twenty rods, than the house ; I should think that it is four hundred yards at least from Kenty's. Thomas Loiory. — I was at the Grand Lake at the election in May ; voted for Esson and Annand ; had been living there for two years. I went there a little while after the polling began ; Cain Mahoney struck me ; I was stand- ing at back of crowd ; he walked round the crowd, came up behind me, seized me by the shirt, and stmck me across the face. I told him I did not wish to have anything more of that kind ; he then walked away ; this was about nbie o'clock. I saw Gilfoy have hold of Kutherford ; he was trying to choke him ; he would have been choked had it not been for myself and others. There was a crowd ; some were aiding Rutherford, and some were trying to injure him. There was a crowd' round the hustings. The government party hustled the opposition men, and attempted to prevent them from voting. Gilfoy caught me round the waist after this, and wanted to hustle me into the poll ; he said I had not voted correctly. I was in the opposition room twice ; the second time I saw parties of two or three of the government side conie into our room ; Mr. White wished to keep them out; at last a crowd came in, and I thought it about time for me to leave, for I knew what was coming. Tho rest of our party had left and gone up towards Kenty's ; I made up there ; when I got about seventy yards there was a gang of rowdies around George Gray beating him ; I knew him by his hair and figure ; his face was as red as blood could make it ; I called out, let him go, don't kill him ; they let him go and ran after me. There was a gang by Kenty's mill of government men. I ran back to Schultz's ; as I went Cain Mahoney and others ran out ; Ma- honey tripped me up ; I got up, and Mahoney strujck me ; others behind me kicked me ; there was such a gang around that I lay quite still and allowed them to beat away as they pleased. The man who kicked me, I believe, wished to kill me, but Cain Mahoney said, come away, we have beat him enough. They left us, and I got up and tried to get into Schultz's ; the door was locked ; Mrs. Taylor was standing at her window ; she let me in. I was in fear of my life. I saw smoke of guns ; I saw smoke as if men were shooting both ways ; this lasted about ten or fifteen minutes. These men came down again. The room I went into first at Taylor's was on the left side as you look towards Kenty's. A girl came in and looked at me pretty stead- fastly; I suspected her, and went up stairs and locked myself in another room. T found out aftoi'wai'ds that she was a Catholic girl, and carried news to the other side. While in the room I heard a noise of persons beating 26 others. I staid all night m the house because gangs were around it, and one James bullivan called out, there is one more in the house, and I'll have him before I go. A few minutes before this Peveril was beaten by a gan^^ of these rowdies. I remained all night because I was afraid of my life, \fter 1 voted Mr. Skerry said, now you go away; but he never said this to any of his own party ; I could see what he was about. ^ Cross-exammed by Mr. Johnston.— I was in the house and about the poll- mg-place all day. I knew Gilfoy ; I don't think he was tipsy. I was on ray way up the road when I saw the men beating Gray ; I did not know them : they were the op^iosite class to us ; I don't know whether there were any per- sons with him of his friends. I had not reached George Gray; I kept on the opposite side of the road ; Mahoney endeavored to trip me; I iumped down about seven feet into the place where Schultz's barn was burned; he came off the road and struck at me with his fists; there was another man whom 1 do not know; I can't say how man> there were beside ; I believe there were more ; I fell down ; I was nearly upright when Cain stmck me ; while down, the man I have spoken of kicked me I can't Kav how many reports I heard^; I believe there were four or five. I saw, I think, ten guns at John Kenty s ; I don t recollect seeing any powder or bullets ; the ^na were ma room at the end of iXia house next the polling-place ; there tv?is a bed 111 the room ; you went out of the kitchen into the room ; a door leading into the front of ^le house, and another door opening to the left led into the bedroom. John Kenty showed me the guns about ten or eleven o'clock • the guns were fowling-pieces, some single and some double-barrelled. I came trom Grand Lake ; was living close by. I had no gun. I saw Mr. Skerry come out and speak to the Irishmen ; I could not hear what he said. It was some time before I heard the guns. ^ John McKenzie sioorn.—l live at Lake Thomas ; have been livino- there nine years ; voted at the election for Esson and Annand. I was in th? oppo- sition room ; three of the opposite party came in; one came up, forced his cheek against mine, ground his teeth, and drew off to strike me ; I told him he shou d be ashamed to strike an old man like me ; I did not know them I turned round to Mr. Taylor and told him we had better go home as there was appearance of a row. I went out and saw a good many men round one man ; they were beating him severely ; I heard the cry of murder several times ; he was down a long time ; I could not tell what became of him Fur- ther down 1 saw Thomas Lowry go over the bank ; I saw several men go af- ter him ; I think four or five went over the bank. I made up Hiq road • I was lame ; I walked as fast as I could ; a little way up I saw a man with his left arm full of rocks, and one in his right hand; they were good sized stones ; he was advancing towards a party of men who were ahead ; a good many of his party— the government side— were along side of him on the side ot the road; they were not far apart ; the others were pressing for^^ard to- ward the opposition side ; I passed the government party and our own party • no guns were fired until I got past them ; the two parties were in an nffifnde of war: I"" '—•' . . — . . -. . -"« expected a row, and tried to get out of the way. There was a 27 md it, and one I'll have him i by a gang of ly life. After this to any of ibout the poll- I was on my -J know them ; were any per- y ; I kept on le; I jumped 3 ijurned; he 3 another man le ; I believe in f-tmck me ; :{\y how many ink, ten guns its ; the guns ; there was a t door leading led into the I o'clock ; the led. I came V Mr. Skerry said. It was 1 living there 3 in the oppo- p, forced his ; I told him know them. Dme, as there 1 round one irder several •fhim, Fur- J men go af- the road ; I man with his ! good sized ead ; a good I on the side forward to- ' own party ; 1 an attitude rherc was a 1 ^1 I good deal of excitement previous to the election. After this I met seven men with two voters belonging to the opposition ; I told them thoy had better turn back, that I did not think they would be allowed to vote ; they did turn Cross-examined hj Mr. Johnston. — I went early to the poll, and left be- fore the firing. I was at my daughter's, a mile from the polling-place, a por- tion of the day. John Spriggp, George Taylor, and, I think, Donald Scott, and others were in the opposition room when the occurrences I have described took place ; when I came out I stopped on the platform for some time. I did not notice the guns until I wont up the road ; I cannot say who had the guns. I went close by ; I was a good deal agitated and eager to get out of tiio way ; I did not speak to them ; the only words I hoard were " kce-> back." I had passed Kenty's house before I heard the report of a gun. George Robinson, Benjamin Donald, Henry Miller, and Anthony Weston, wereln the waggon when I requested the men to turn back. I cannot say who first told me that a man had been killed. I heard it was John Kenty when I got about a»mile and a half on my way. I did not hear that it was Hurley until I got home. Alexander Stewart. — I live up the road about seven nnles from the polling-place. I went tliere a little after 8 o'clock on the 12th May. I saw some Strangers there ; they were railway navvies. The first disturbance I saw was between Rutherford and another man ; the people thronged around ; that soon got over ; there was not much about it ; some of his own friends tried to take him away ; the majority surrounding Rutherford were of the Government party. I did not see anything material after that, except som hindrance from a crowd of men to voters going up, until the riot. They crowded round the polling-place and obstructed voters. Mr. Skeny request- ed them to withdraw and make way several times, but they paid no heed. I did not see anything further until the commencement of the main riot. I was in front of the polling-place ; there were very few persons there. I ob- served a rush from White's ; I ran out, and saw two men down and several beating them ; they were down ; one of the two was over the bank ; those who were beating them were railway navvies. I believe that Lowry and Gray were the men beaten ; thoy continued beating them until a shot was fired ; they then left off. A body of men came down from John Kenty's ; three of the men who were beating the others were running up towards the Opposition party. The men with the guns were at this time about 400 or 500 yards apart, when I first noticed the guns ; they went on till they got within twenty yards. I put my arm around one man and looked in his face, and said, for God's sake let's have peace ; he said, mind your own business ; some voices called out to me to go back if I valued my life ; I heard voices calling out to the man with stones to go back ; I turned round and went back. The prisoner is a peaceable and quiet person, so fiir as I know. When I heard the report of another gun I was near Kenty's house ; before this the men who had the guns were running in all directions into the Tvoofln. Th.o first gun fired was fired into the air. Young John Kenty and I were going tw^ 28 gott n. be^ tt iLl?' ^'^ 7'^' ^^^ y-'^^^^ ^^«^« ^^«^« these men were Sthe%oaf nearest bl T" ^*'"*'^" '^f'P*^'^'*^ *'>« ^^™ «^ ^^^ ^^^^ side of he menholT t^ ^'^ ' *''''' ^'^ P^'^^^^^^ ^^'^"^ ^^ree to four on each tl In Sea T ; 1^''' f'"^^"S '^^t*''^^'^^' ^^« I Pa««ed them I heard toners patd me ^^^^'^'^' '^'T' f'"'"^'' '^ '^'' g"»« ^^^^ *!'« ^^n with Zr nr . ■ ^^^ r^P^*^ ^^^^ ^^^^^ g»^»« continued to advance up to that tnne ; both parties were between 15 to 20 f^of .»^.,vf t '7;'^""^ "P. ° "^V, any of them Pv..,».f .>..^ m, ^^ "^" **^^'^ ^P'"*^ I could not distmo;uish of the G^^^rnm^^n^ JrX • '^"''^ '"^i^^^' ^'-^^ ^^^^ ^^^^ «^"^ ^he main body guns ^i::::^^ <^--- ^ - - I oreraan of jury asked for recess and I do JtStl t. '' '\po»nected account of this particular case, Fesctt lei^th °^' "''"'^'"^^ '' ^' '''^y ^^^^ P^-^^racted beyond it^ witl^ei^flI^;-^P^^«^-^ ^^ *h« ^^' that there is still a number of A recess of half an hour was allowed the jury. At 2 clock the Court resumed. at eSdon^ votornn T"r~~^''^' ''" ""^^^^ ^'''^' I>'^rtmouth. Was present n ne oYlock Tn f Goveinment side ; I got there between eight and Tties had sen.^1 J T ?^^"^ '^^^ack old Mr. Rutherford. The ki 1 h m ffuli^, J ^ ^'''1 ^"" "Pi ^ ^^'^^t over, and coaxed the men liot to • would do ^12 T ''"' ''"^' ^ '''"' '" ^''' ^''"'^' *'^"^«''''^^ ^^^"'^ /'^ ^/200 «ltl; «" M ^ *^'j T," '""'""^ '^P- ^''^^'^ '""«t have been ^..// o;. didn't pfwond 1 ""^"^^ ^^'F ''''' "" P^^^h^"S' "" towards Kenty's. I t^w^TJCi!^: !r ' '^^"^^ ^^^-'^ f ^^:^^t half-way between White's house o^/it t ! . "• '''?' -^""' ''^^°"'^- I «^^ ""<^ ^-^^ ^0 off in the air. T ' -L. .c. thu navvies trymg to get the guns away. I heard three gun. 29 ne up and told [ never said I lot commenced ay almost the niH not present f the window. At that time lese men were the east side 3 four on each them I heard tlio man with aoe up to that lot distinguish IS called upon he main body be in danger. }. I saw no re have, from irticular case, id beyond its a number of Was present sn eight and uford. The I was stand- > Opposition r wanted the ■. I was in and saw the : : it appear- ! men not to iiff what he ip the road icen tvell on vcnty's. I bite's house the air, I three guns. V altogether. The next one was fired on the road. I saw eight or ten press- ing upon one man; I saw him going back in the direction of the mill — oppo- site where the mill was burnt ; I then heard the shot, and saw the smoke ; I heard a man was shot ; I saw Reeves brought down by a number of men. When Lowry voted, some of the Government party said he had promised the day before to vote for the Government ; they said they blamed the Kentys for it ; that Kenty's barn had been burned down, and it wouldn't be long Iwfore'his liouse would be burnt too. This was in the morning ; things looked very ugly, and I anticipated a row. The Opposition party did nothing to provoke anybody. I saw stones jired at the time of the row. Cross-examined by the Attorney- General. — Ahont the time I approached Lowry, I saw the men with jjuns ; when I first saw the men with guns, I couldn't tell who they were. I don't think more than five minutes elapsed between the discharge of the first and second guns. It appears that they had broken into them and taken their guns away, and were chasing the man on the lake side when I heard the gun go off. When the last gun went off, it appeared that some men were being beaten on the road by the main body. John Holland sworn.— hive 2^ miles this side of White's. I voted for Esson and Annand ; went there about 9^ o'clock in the morning. Saw Gil- foy attack Rutherford. Some seven or eight of us— two Kentys, Preeper, Peebel, Taylor, and others— started from White's house to go home ; when about forty yards from the house, some of the Government party rushed in amongst us and knocked down George Gray ; heard one of our men say he was killed. We all ran on. I never stopped to look behind. The rest out-ran me. I went on road opposite the old mill ; I waited^ there ; I saw men returning with guns; the Government men kept coming up. Saw Government men coming up with stones in their hands ; some of them had stichs. Heard the men with guns tell them to keep back and they wouldn't hurt them. Saw one of the Government men with a stick knocking men down. The man that was first beaten— George Gray— got a gun from one of them and fired it in the air. Government party took guns out of men's hands and beat them with them. I saw Britton, a Government man, beaten by one of his own side. I saw four or five of our side knocked down. I saw the deceased when he fell ; was about forty yards from him. It was nearer Kenty's house — about forty yards beyond Chandler's house. I heard a shot just before he fell, and saw the smoke ; it was more towards Kenty's house ; I suppose it was the shot that killed the man. The fighting was getting a little slack at this time. I saw some of the men running back towards Kenty's with their guns before Hurley was shot. A young man named O'Donnell threw a stone at me ; he was one of the Government party. Cross-examined by Attorney- General— 1 stopped at the Cobequid roads, and looked over just opposite'the mill side. About nine or ten men came down with guns. Before a blow was struck, there were between thirty and forty of the Government men very close up to the men witli guns. I can't sny who fired the last srun. I saw a man fall by the logs aftpr the shot was fired ; he staggered and fell sideways. Those that the Government men had i 30 not knocked down dispei-scd . After Hurley was kiUcd. saw one of the Goveniment men fire a nmskot in the air. > i^ i iiit James D H. White «t^w>«.— Keeps Grand Lake Inn- was 'iT)T)i;pd fn to accommodate both parties. The south end was set apart' for ' the Libera par^ and the centre room for the Tory party. On two occasions I took the Tory party out of the Ldjera party's room. I forbid each party visiting e other s_ room I had difficuhy in preventing Hurley (the^ decea idTfrom gomg into the Opposition room ; he appeared to be the head of a pa t Snortly before the row took place, I had no fault to find with any party E" I kept Lowry at my house that night; I was afraid his life wa at Se' There was no excitement before the row commenced George Gkay sworn --^Y us at election ; lived at tliat time as hired man with John Kenty. I didn't vote. Saw Rutherford's face cut with tumbW Prisoner and I wore looking out of the window. Hurley and Carroll ^^3^ below in front of the hpuse ; Hurley said, ''Draw in yom- head, you Prott tant son of a b ." I said, "Ditto, brother." I had said nothinrto provdce this I put in my head and said we had better leave and ata ten 01 a dozen of us left for Kenty's. When about forty yards off semfoi i of them got me down and jumped on me ; I was fearfully woundJd Low v came along and told tliem not to kill me, when they set after him ': this ei^ abled me to run ; I gamed the party with guns, and seized a gun from one of them, and in the act of pulling it, it went off into the air. About fifty of the Government chaps came running up. I took the gun to defend m4lf agamst these men; they stdl continued crowding up. I don't know what became of the gun ; I was so beaten and bruised that I lost my seller The wound now on my head was received at that time. — [Exhibits a deen ff-ish and indentation of skull ]_I was laid up a whole moU : I aid a / cfo's bi 1 of £11. John Kelly, one of the Government party, aid he h^d a quar rel with Kenty and Peveral, and he would mai'k them on the day of eleS as there was no law on that day. ^ ^^^^uovi, Cross^xamined by Attorney. General -I didn't see any guns at Kenty's Didn t call Hurley or Carroll improper names. "^ James Kenty —Live near ^chultz's ; was at election. I have been in .lail all summer, from the time of the election until last Tuesday week I voted for Lsson and Annand I heard there was a warrant aginst me • I came down give bail when I was arrested. I voted about 9 or 10 o'clocic I saw disturbance which took place in our room. A number of the Govern' ment party came in ; one man threw down a cheese and broke a dish • ^om-' ot them were gritting their teeth and trying to provoke a quarrel. Wo left he house ; some of our party was ahead ; saw some of tliem poundin. Gray- he was crying murder. One of them chased mo, and throw a larqe stom at me. I said nothing to provoke him. I ran to my brother's house I m.^d the men with the guns ; they took their stand at the mill brido-e ' I didn't come back again ; I saw notlmig more of the row. I ran down to the Zl road. I saw Barney Deegan and Benjamin Dowell, wlio . enquired if I had seen Taylor. I hid myself under a log; I was dreadfully^ frio-Iuened I am { 31 iw one nf the vas applied to )!' the Liberal )ns I took the ■ty vii^iting the eceasod) from <1 of a party, ly party there, was at stake. i as hired man with tumbler. Carroll were 1, you Protes- id nothing to and about ten seven or eight ded. Lowry lim ; this en- ^un from one A.bout fifty of 'efend myself t know what senses. The a deep gash id a doctor's 3 had a quar- y of election, 3 at Kenty's. lave been in ay week. I gainst me; I r 10 o'clock, the Govern- dish; soma 1. We left iding Gray ; rge stone at Q. I passed !. I didn't to the rail- ed if I had ^'IitC'hed. I f; /', saw the road full of people ; they were commg up ; could hear hem shou ing and holloaing ; there was a great noise. There was a good deal of ugly talk in the nelrdiborhood for some time before the election. 1 had to remove my f-vrailv from home for fear of their lives. I canH tell what I was put m jml for. I have a wife and three children. I was sent for as a witness on the ' * ■ """"'aZs-exammed hy Attorney- General —1 went straight on to my brother John's house. Gray didn't overtake me ; I met the men on the mill bridge ; I passed so quickly that I couldn't tell who had the guns. I found iMr. Stewart, who makes buckets, at my brother's, tackling his horse, i can t say where the guns came from. Alexander Stephen sivom.—l am a merchant— partner of Mr. ton I am a J P I was at the election at Sliultz's, acting in the capacity ot representative for Messrs. Esson and Annand. There were not many present at the opening of the poll ; almost immediately after the railway navvies crowded in at polling-place, and took particular notice of voters for the Oppo- sition. I had occasion to object to voters and swear them. I was threaten- ed, and called them to account for it in the presence of the presiding oflicer, and told them I was there in the discharge of an important duty, and would not be intimidated. They did threaten and try to mtimidate me. We ad- iourned a short time for refreshment; they crowded into our room, and 1 entreated them to go to their own room. One man said. By G--, you refused my vote, and you shall pay for it hefore you go home. Jllj« J^^ took place about half-past 2 o'clock. I looked out, and said to .Mr. 1 arreU let us go up and try and quell the row. Mr. Fariell came out and left me I sawtt wouldn't be prudent t« go up alone. I then returned to «^ PoH, and asked Mr. Skerry to swear in special constables. Mr. Gaull ^ ^'^^^ «^^^^ me to swear in constables. Mr. Skerry swore m several, with Capt M tcheU at their head ; they returned with Reeves and Lane, who were dreadfully di^ figured ; they' we/e brought into polling-booth. Between 30 and 40 navv es crowded in and beat these two men who loere already covered with blood , i said, for God's sake leave the men alone— they have got quite enough ; i heard the words murder him, murder him, when they commenced an attack on me. , i • -j Judge— All of this is subsequent to the homicide ,.,,,. .. Witness proceeded-I recognized Bryan Kennedy; he twisted his hand in my hair, and I was laid on a table and beaten. Judge— I have already given my opinion that this is not legitimate evi- '^'llon. Mr. McCuLLY-I must say that I cannot see how Mr. Skerry's evi- dence was allowed on this point, and we are precluded from f l^'^^f^^^ ^^^ testimony. A party may be an accessory after the fact. Mr. Stephen was %T s'tephen-I was seriously beaten ; I was confined to the house; I feel the effects of it now. They had me on the table Poundmg^^^^^^^^^ I threw myself on the floor ; ran over to Mr. White s, and aeuiui-ou xxxjr^at a. a vi-.-ei 'l-i 32 in a r(^m in which fiome ladies were; I was afterwards taken np stairs Bryan Kennedy voted for Falconer and Gladwin ; he did not split his vote In consequence of the threats given me on that day, and knowing I was to remain after the cars left, as I was to bring homo Gay's River poll-book I borrowed a pistol from a friend there about two o'clock in the afternoon Freeper was the only man that gave a cross vote on that day ; ho voted for Jjsson and Gladwm. No person wa.s prevented from voting that I know of The voting was quite slack towards one o'clock. Just before the row com^ menced no voting to speak of was going on. Was not informed that there were guns on the ground j it was after the man was killed that the violence I have spoken of was committed I can't say how long the pistol had been •TVi, /if '!u^ ^"^ f^ V* ^'''™ ^ ^™"^' don't know how Ion. M,e pistol had been on the ground. I saw a considerable number of mer^' mt\i stones on their arms and m their hands. They were navvies. There was great danger of our men being killed. m/T ^^^^.^^^--Tho prisoner is a brother of mine. I was talking with 3Ir. Dennis Ring ; he said he could not say whether George Preeper shot the man or not. This was across the fence a few rods from his own door, about three or four weeks ago. ' Cross-examined by Mr. Johnston.— I asked him if he heard two shots- h': :i'irdidttSw"' ' ^^'^' '™ '' '^^ '-'' --^ «-^«^ -*^ «^-- '^ The Court then adjourned. , FOURTH DAY. Tuesday, November 22, 1859. David King called and sworn.^Been residing lately at Meagher's Grant Worked m the employ of Messrs. Sutherland & Sons last sprii|. Boarded at Bryan Kennedy's ; was at his house at Grand Lake the iight before elec- tion ; saw fire-arms there— two pistols and one gun. They were oilino- the locks, preparing them m case they should be required for the election There were nine other railway navvies there ; Carroll was one of them I was at polling-place on day of election. Sutherland had a large number of men workmg there About a week before, a gang of them was sent to Stewiacke Jiryan Kennedy gave out on that day that the men who voted for the Govern, ment party would receive their day's pay. Sutherland's men came to the polls ; they had sticks with them ; they were brought down after I came • they put them away after they came down. An old man named Reid was asked by one Gossm if he was going to vi)te ; he said he had no vote, but if he had he would give it for the Opposition, when Gossin up fist and Locked km down. Was in Opposition room and saw Rutherford struck. I left the house and ran up towards Kenty 's. I saw seven or eight men beating Gray Hurley was poundmgat him. Ifurleywa, acting skipper for Cain Mahoney «f tn. c„,.^. «iay c-iicu ior mu to assist Jilm ; I couldn't render him assi£ mg. 33 en up stairs. split his vote. ing I was to • poll-book, I he afternoon, ho voted for i I know of, he row coni- id that there he violence I l;ol had been low long the yf men with There was talking with eper shot the door, about i two shots ; w^ith stones ; I, 1859. her's Grant. • Boarded before elec- » oiling the 'on. There I was at ber of men Stewiacke. 'he Govern' ime to the r I came ; Reid was 'ote, but if id knocked I left the ting Gray. I Mahoney him assis- tance. I ran up the road ; they cried out to kill me. I approached the men with guns and seized one of them to protect myself; I clubbed the gun to defend myself when T was knocked down. The crowd pressed on. I knew Hurley well ; ho had sto7ies in his left arm, and a stone lifted in his right, hand. Hurley was close upon Preeper ; the latter gave way, and frequently told him to keep off or he would shoot him. This was botweun Kenty's house and Chandler's. There was a man between Preeper and mo ; Spriggs wa» the man ; I never saw him after that niyht. Tiie mob came close "up and .surrounded us. Some of tite Government party struck me at the back ; I. was knocked down and dragged. One gun went off' when I fell, and wliile I was down two guns went off* in quick succession ; I was near the mill side of the road, and con(!ealed ntyself under the bridge across tlie road ,- I wa* ..severely cut and bruised, and had lost my hat and shoes. I ran to James Kenty's house. Cross-examined by Attorney General.— I didn't vote at election. The bridge is about one hundred yards from Kenty's house. They were on this side of the bridge when they wore beating Gray. I think there were eight or ten people with guns. The other party numbered between one and two hundred persons. I don't know the man 1 took the gun from. When I la«t saw Preeper he was on the wood side of the road. John W. Wills, examined by 3Ir. Sawers.--WaH at Grand Lake on day of election. Left Halifax about half-past nine, after I voted ; arrived there between eleven and twelve o'clock. Staid at election some time. After ob- taining some refreshment T went over to polling-booth and found them smok- ing. Was amused to see nay y'les fencing each other with short sticks. Saw a number of men come round from the back of tiie hotel. The rin«'-leader of the navvies cried out, that is the fellow with the grey trowsers on ; they yelled out like wolves. When the countrymen saw them coming they ran ; the navvies pursued them, knocked three of them down and beat them un.- mercifully. I never witnessed suoh brutal treatment. While the three raeu were being beaten the rest were pelting the opposition men with stones. Saw a respectable looking man set upon by the navvies, who threw him into the river and nearly murdered him. The navvies who had beaten the three men returned back to polling-booth. The men with guns went back and returned. 1 heard a gun go off", and supposed it was fired in the air. The navvies num- }>ei-ed fifty and over when they ran up. Saw Stewart amongst the men. The navvies rushed on the men, seized their guns and beat them ; al'nost mvts^sir iiVQdthem with sticks and st07ies. I heard another shot right in the muse. I don't think anybody could tell who fired the shot. I saw" nothing in the conduct of the liberals to provoke the others to fight. Cross-examined by the Attorney General.— Tho three men were beaten about the same time. This occurred about the length of a square — ^from ("row's corner to Morton's— from White's house. I didn't see anything of the men after they were Ijeaten. Some of them ran away, and the others were taken away by their friends. They went in a northerly direction from the house. After the fii-st row the navvies returned to the polling-plaee. It o 34 was at the time they returned to pollinp;-l)ooth tliat they rlrove the man into the water. I lieard the alarm and one other .shot. I heard tlio men with guns say, keep off, if you cOme any further we will shoot. I furnished Mr, Stephen with a revolver when I was coming away. When I go to .such a place Jis the Grand Lake, I always take a revolver with me. William Cox sworn. — 1 taught .school for some time at Grand Lake ; was living in Halifax at the time of election. I went up in the morning train, with the intention of assisting Mr. White in liis house on that day ; Horton went with me. I am acquainted with Mr. Mo.s.sc and with Mr. Hunt, con- ductor ; they went up that morning. Mr. Mos.sc was engaged that morning putting on railway navvies at the diff'rent stations on the Avay up. I thought it strange that they did not pay for t leir fare. I had to pay. Everyman had a gi-een beech stick, with the bark peeled off. I said iit the time to the man with mo, "this looks warlike ;" some of them had crow-bars. These" men came off the cars at No. 18. They piled their weapons under Wliite's long barn ; T Saw them piled under there afterwards ; nnderneath the barn next the lake. On going into the polling-booth, Hurley (the deceased) caught hold of me roughly and tore the buttons off ui}' coat ; this was early in the morning. There might be over one hundred navvies there. I didn't vote anywhere. I was in rooms ou both sides that day. 1 hoard there was some fuss there. I .saw a party about Mr. Rutheiford, and jjut him into the stable and put the bar up. WlioU I went out of the otlier door they were beating Thomas Lowry ; there might have been over a dozen on him ; they yiQXQ\iBxi\mgh\mvi\\h sticks and stones ; ho was crying out "murder;' I rescued him and took him into Mr. White ^ house ; he appeared to bo hadJy hurt. I saw an old man with a white head-^— John Reeves — dragged into ' polling-booth hythe hair of his head ; they aiievfiSixAi^ jumped on him, picked him up and threio him on the table. I heard guns discharged ; I heard one *li,scharged first, and two others that Went pojhpop. The road a})peared to be full of people. I saw men beyond i\\Q bridge. The road from polling-place up was literally full of people. There must have been a hundred and fifty persons on the road. I saw Hurley brought down almost immediately after the two guns went off. I heard the man was dead. I saw him afterwards, washed his face and closed his eyes. John Kenty sworn. — Live at Grand Lake ; I was born there. My house is between three and four hundred yards from White's ; It may be four hun- dred yards. Michael Kearney and two other railway navvies came to my house a week or fortnight before the election, challenged me about canvass- ing, threatened to heat me, drew a stick across my head, and droi'e me out of my house. From circumstances that came within my knowledge, I appre- hended serious disturbances at the election. On the morning of election, while I was .shaving, Peverel came in and told me somebody wanted to see me ; I found four or five men — George Taylor, Mr. Stewart, and others out- side ; they asked me if they could put their horses and waggon up in my barn ; others came — I was a.sked to put some things in my house ; I was told by Augustus Robinson that they were fire-arms. I said what are you going I I wont i home 1 My wi tlier J booth were t loft the arms ; the otl: thougli Gray i .sometli * people off a.s ! went ri and m guns. sake ; caxie u auned i blood, I don't o I heard jam. ' A lot slept in lake, and car ,/uro ^ Witn within i Cros Mr. Mi were al: ^ didn't a D man into i men with iiished Mr. to .such a Lake ; was ning train, y ; Ilorton Ilnnt, con- at morning I thought Every man tiirie to the rs. These ^ !er "White's 1 the barn ctccoascd) ; was early / didnH there was im into the • they were him ; they lurdor;'' I to he hodhj agged into * 'iim, picked heard one eared to be oiling -place ' and ffiy iately after afterwards, My house four hun- !aine to my Lit eanva.ss- e me ovt of e, I appre- jf election, itcd to see others out- up in my I was told you going 35 to do with these guns? Robinson said we have brought them to protect our- selves gonig home. Thoy woukl have to pms a place called Sliantu Town on their way home. I told thein I didn't think it wjw pmdent to leave them m the waggon they had better go into the hou.se. I didn't know the mm wore coming there, i^he fire-arms were done up in two different packages- one m nig or qmlt, others in oikdoth. I saw no ammunition. I put "them in an unoccupied ro(mi ; I looked the floor ; I didn't like t4> leave them ex- posed ; I earned the key The.se people had gone, and I followed down to pollmg-place. George Gray was a hired man at my house. I was appointed inspector f,»r Messrs. E.s.son and Annand. I attended to that duty : I quitted It because / was jnghtened of my life. The navvies threatened L life I went into opposition room. I saw Rutherford strack by Gilfoy. I then went home between one and two o'clock ; I was afraid there was going to be a row. My wife was in a delicate state of health. We propo.sed to go Sp to my bro- ther James s. I then thought of my brotlier and went down to the polling, booth and could not see nim. I got a hint the other party knew the anna were there ; I got unea.sy ; I went to the room that contained the arms; I left the key m the door by mistake ; I met Thoimis Lowry and showed die anns ; I went back with him. I met a man named McDonnell, belonrnno- to theothers.de; he said he didn't wish to see me and my brother hurt, and tFiougUt i tiad better clear out, as there was going to be seiious loorh. I saw Gray and Preeper looking out of White's window ; two men outside said something to them ; I saw a stone thrown up at the window : I next saw some *pe.>ple rushing out of the hou.se. My brother came along; I said let us o-ct ott as soon as possible. George Gray was seized and knocked down. We went right straight home. I met some of our party between the mill bridge and my hou.se returning with guns; I don't think there was over a dozen guns. 1 kept nght on ; told my wife and children to clear out for God's sake ; they went to a house towards Halifax. Stones were flying A man caxie up with a handful of stones, first flying at one and then at another • he aimed a stone at me, but it didn't strike. Gray came out of crowd all iver blood, seized a gun and fired it off in the air. I had no gun in my hand • I don t own any. I went back of my liou,se up on the kill ; iust as I got there 1 heard two shots, one right after the other. The parties appeared to be in a jam. Ihe shots came from between the bridge and Mrs. (Jhandler's house A lot of them rushed up and broke the windows of my house : I haven't slept m the house since ; I have left it. My brother took down towards the lake. 1 have been m prison all summer ; heard there was a warrant out and came down and gave myself up. • ' Juror. — What was you in prison for ? Witness.— I don't know; I have been in prison since the 25th May up to withm a short time. "^ ^ AT ^C^,ff,-^^«'^"^«'^ h Attorney General— Qh^xh^ P. Allan, Stewart, and Mr. Miller, came to my hou.se in waggons; Alexander and Geor.re Taylor were also at my house. Robin,son left his wagon at the end of my "house I didn t assist ui removing fire-anus into my house ; I did not think there was 36 over a doz«n guns there. Tlio persons that put up at my house lived at Lake Thomas; T can't say how many. Lowiy knew that the guns wore at my house. After two o!cU)ck I went back lo polling-phico in search of my bro- ther ; Lowry was not with ino the last time ; he was with me the secoml time I went to the house ; it was after twelve o'clock when ho came up with me ; I won't be positive whether it was th6 third time I was at my house ; I am jwsitive it wasn't the last time. liowry letlt the room before 1 did ; I don't know who left the house first. I can't say whether anybody else was at- tacked except Grray as our party left White's. The guns wore all gone when I returned to the house tho last time. I couldn't identify who had the guns at the time of the riot. My brother and Richard Pevcrel w«ro in the same room with mo in prison. Preeper was kept in a cell, up stairs. My bro- ther, Poverel, and I were in cells. James Hunt. — T am conductor on Eastern cars ; I acted as conductor of morning train on election day. A great many persons went up that morning ; we took ih from ton to twelve navvies at Richmond, and by the time they ar- rived at Shultz's they nundxired from about twenty-five to twenty-six men. I didn't keep any check — thei/ didn't pay ; Mr. Mosse passed them -up ; I brought a lot down from Klmsdalo to Grand Lake by order of Mr. Mosse. Cross-examined by Attorney General. — About two years ago I used to bring navvies from one place' to another, where they might be working, hut not latterly. All tho railroad navvies on that day passed free to Grand Lake hy order of Mr. Mosse. Catherine Sprigos. — I remember the time of the election. I lived at George Preeper 's house. I remember George Rutherford coming to the hou.se ; he asked if the boys were in ; I said no, not at present. George was on the swamp. He asked George if ho would go with him ; lie went with Rutherford in a waggon ; he didn't come home that night, and didn't come home until the morning after the election ; he did not take a gun or any other weapon with him. Cross-examined hy Attorney General. — I am sister of the Spriggswho was at the election ; I don't know where he is. Preeper came home morning af- ter the election ; he did not bring any gun home with him. DefeAce rested here, James Hunt re-called by Attorney General. — Neither Mr. Mosse or Mr. »Scott were on the train that morning to my knowledge. I have seen men riding on baggage-train. . Cross-examined hy Mr. McfuUy.—li is quite likely Mr. Mosse rnight have been on train without my knowing it ; he is frequently on the train a long time before I know anything about it. Re-examined by Attorney General. — Mr. Mosse frequently rides on the engi7ie cars. I didn't see any sticks to my Icnowlcdge. Cross-examined hy Mr. McCidly. — There might have been sticks there without my knowledge. Mr. Younq said : With your lordship's permission, Gentlemen of tho Jury, in fulfilling the responsible duty of closing for the defendant in this case, i 37 {\ at Lakw yre at my )f my bru- jcond timo with mo ; iso ; I um ; I don't so was at- Tone when the j^uis 1 tho same My bro- ndnctor of ; morning ; 10 they ar- X men. I or less p.nnsnifm>nR luj.rt- Some havffbeen the heroes, others the victhns of the plot. Let mo contrast a few of these, each with the ''*- 38 It I o her. The two Kentys have been examined. Upon James Kenty, at the close of this trial, not the shadow of an imputation rests— no single fact has come from the mouth of any witness, either for the Crown or for the prisoner implicating him in these transactions. He had no gun, he struck no blow, he neither assailed others nor was himself assaulted; and yet under this extraor- dinary mquisition— (referring to the Coroner's inquest) —a document which desei-ves and shall have something more than a passing remark from me — James Kenty has been incarcerated in the common jail for six long months, and his family deprived of his support. John Kenty was enuallv innocent of any participation in this riot; he did nothing which thJ law did not fully jastify him m doing; and yet these two industrious and in- telligen Nova Scotians were hurried off to jail, charged with murder under circumstances which precluded their obtaining bail, and there detained, away from their families, for those six months. Whether they can obtain any redress for this grievous oppression, is another question; but if this trial has done nothing else it has shown that there is something in the system or the operation of the system, radically wrong. People talk sometimes of sending a man to jail, with a flippant carelessness altogether unaccountable. I only wish that some of these could experience but for a single night what deprivation of bberty rea ly is— what a sensitive mind must feel when incarcerated in a iail The mental agony, the prostration of spirit, the utter subjugation ot that feel- ing of fi-eedom without which life is robbed of every charm— must be expe- nenced to be appreciated. These Kentys have been the victims; who have played the heroes ? Mr. Brian Kennedy was called as a witness for the Crown On his direct examination he revealed very little upon which a charge could have been fastened upon him. Had he been questioned no further thJn the Attorney-Creneral questioned him, you would have come to the conclusion hat he was a model pacificator : but, by-and-bye the facts begin to accumu- late ; you find that he was the man that struck the first blow that led to the not; that fire-arms wore prepared in his house the night previous to tlie election ; that Mr. Brian Kennedy, this quiet and peaceable man, enjoys the singular distinction of having felled to the earth with a bludgeon no less than . hree Nova Scotian farmers We find him a prime ringleader in the whole tZ^T\ )^!^^/^':f god John Reeves, an old, gray-headed man, across the street, by the hair ?-Brian Kennedy, the pacificator, who was not ashamed to commit that disgraceful and cowardly act. What then will you say .rentlc- men, when I tell you what you have not yet learned, that the climax of the^e strange transactions was capped by this same Brian Kennedy beinr. summoned upon the coroner s jury of twelve, who found the defendant and hisparty ^uilty of murder. (Tcntlemen, such a coincidence as this I believe is unt^xampTed in the juridical history ot Great Britain or her colonial possessions The prime in stigator, the mam actor in the not actually sitting in judgment on the ten men he had outraged and insulted, finding them guilty, and aiding in the proceed- ing which consigned four of thein toa jail ! Who were they V ^Jeorge Preenor i-ctcr opriggs joim Allen, John Keeves— the old man who was bruised and dragged by the hair-Charles Miller, John Kenty, James KentrGoorgo U-ay_who was so badly beaten that his friends could not recognize hi* 39 mty, at tlie le fact has le prisoner, no blow, he ^is oxtraor- ment which Tom me — ' six long 'as equally ih the law us and in- rder under detained, obtain any s trial has em, or the f sending a I only wish rivation of I in a jail. that feel- it be expe- who have ss for the h a charge irther than conclusion > accumu- !ed to the •us to the enjoys the less than the whole across the ashamed ly, gentle- s: of these ummoned rty guilty impled in prime in- a ten men proceed- Preeper, lised and ^ George gnizo his. features — John King and John Peverel ; these men are charged by the Coro- ner's jury, " that they, the said Patrick Hurley, feloniously, wilfully, and of malice aforethought did kill and murder." An indictment need not have been found — parties can be brought to trial upon the finding of the Coroner's Inquest — and therefore it follows that ten Nova Scotians, against nine of whom, at least, not even the pretence of a charge of <3riminality now exists, might have been arraigned at this bar charged with murder upon this precious document. This should prove a warning to other Coroners, and, I hope, will teach a useful lesson which in future years may prove advantageous to the people of this country. But, gentlemen, it has been said that a life has been sacrificed. The life of whom, let me ask V Of him who was merely second to Brian Kennedy in the bratality of his conduct. The unfortunate Hurley rushed upon his fate. That he was sent to liis long account unprepared is a misfortune that we must all deplore ; but the act cannot be re-called. To sacrifice Preeper, who, I contend, exercised only those rights which as a citizen and. a freeman he was entitled to oxercise, will not re-illumine the light that has been Quenched in darkness, nor restore life and being to the deceased. If guilty, Preeper should be convicted ; but to create a new and second victim heedlessly without cause, would be but to sacrifice to your feelings the duty you owe to your country and to her laws. But, gentlemen, we are told that there was but little disturbance at the Grand Lake. How came it that Alexander Stephen, undeAhe aegis and pro- tection of the law, while fulfilling a public duty as the representative of two of the candidates for election — having done nothing to excite ill-feeling or provoke strife — was bejxten, bruised, and trampled under the feet of a lawless mob? And yet they who perpetrate this outrage are to go unpunished, wliile Preeper must be sent to the penitentiary and suffer imprisonment, it "may be for four- teen years, to lose his liberty and wear the felon's dress ; while Kennedy, Mahaney, Gilfoy and the others are all permitted to walk abroad unquestioned in the majesty of perfect uuiocence, and laugh to scorn the law which thus allows the guilty to escape and condemns to ignominious punishment the inno- cent. Justice here has been blind on the one side, .and wonderfully keen- sighted on the other. Before I proceed to a condensed review — and it shall be but a condensed review — of the testimony, permit me to say a few words to you on the law ; not as resi)eets the distinction existing between murder and manslaughter, but touching tliose principles which stiparate manslaughter from excusable homi- cide. Perhaps, gentlemen, of all branches of the law that of homicide has been most clearly and most ably laid down. Two of our most intelligent and dis- tinguished writers have paid it special attention. Jud^e Foster has bestowed upon it all the resources of a practised and acute mind , and s(^ well-defined and estalilisbiMl are these princ;|)Ics that rarely or ever does a question arise oa their application or extent. The law cf homicide in self-defence is described in 1 Russel on Crimes, 40 iteS :~ *^''' ^'"''' ""'^'"^ ''''' ^'"''''^' ^" ^'"^^' ^"^™ Blackstone and •'When a man Is assaulted in the course of a sudden brawl or quarrel, he ZhZuTv 'T' ^f^ J'^flf ^•y killing the person who assaults hhn, Wmseff T.^^'T 7 '^'" ^''"?^ '^ self-defence. But, in order to entitlcl Tdvof Ivv I ^'^V^«^*l^»*^^^l any further combat ; secondly, that he then killed his adversary through mere necessity, in order to a.oid immediate death. Under ZlrrT'T "T ^'1"''« ^^''" '^^ ''''^''^^ ^" selfidefence, .ometimes by some) chaicd medUy ; the former of which, in its etymology, sio-nifies a casual affray; the latter an affray in the 'heat of blood o/passion."" aJ^,^T'f T" '^•"'' ^^f'J^ey ^«rders very nearly upon manslaughter; perceivable, though m consideration of law they have been fixed. In both cases ,t IS supposed that passion has kindled on each side, and blows have passed between the parties; and in the case of manslaughter it i. eitl7er pre- umed that the combat on both sides had continued to the time the mortal ^.^1^'"''"' 7i'^'l'^' r'^ g'^'^"S «"^^^ «t^-«ke was not at that time h unmment danger of death. And the tme criterion between them is stated to «trnl;-' ^ ^^"th parties are actually combatting at the time the mortal etn fZ'^'n''-' 1 "^ °' manslaughter r but if the slayer has not )egun to hght, ot (ha^'Ing begun) endeavors to decline any furtht^- struc^e and afterwards, being closely pursued by his antagonist, kills him to avoid^his own destruction, this is homicide excusable by self-defence." Again, gentlemen, this principle is earned one step further : vnol^'^^^f P"""^^ '*'n''''l^:^'\ "''''^ ^^° ^« ^«^" ^^^^ conveniently can, either by L ZrultTir'"' • r^' V^'' i-Fdiment; or as far as L fie'rceness o^* the assault will permit h.m ; for it may be so fierce as not to allow him to yield d step without manifest danger to his life, or great bodily harm ; and then in tiis defence he may kill his assailant instantly." ' In the year 1832 a, celebrated transaction took place in Spafield in London L moceidp^f others Illegal, congregated there. The policenien rushed to it and pioceeded, m a violent and harsh manner, to disperse the mob. One of hlP •i?'"? ^^^^ '^"^'^ '''i the Coroner's Jury decided that it was excusable " fiomic.de. In a review of the doctrine held in this case under my hand cer- tam principles are laid down to which I invite your attention : l,nl^^''Tuf .'^^'f ^'^«' »« the name denotes, implies some delinquency however slight, m the perpetrator. It is of two kiiuls. That by misadvenl rmeiirTho'o;?"^?'^ 'f '^ T i^^^^^"* p"^-p^-' '' '« -^-^-"^ fence, but differs from it in so«.e particuh entire blamelessness ' ar.^, of whicli the chief is tliis : that seem to be required ol tue party slaying, in all ^•■■' 41 ackstone and )r quarrel, lie assaults him, er to entitle [nortal sh-oke leu killed his ith. Under Q, sometimes l)een written ^ signifies a I.'" mslaughter ; ire scarcely i. In both blows have either pre- ) the mortal hat time in is stated to the mortal yer has not !!• struggle, ;o avoid his I, either by 3rceness of lim to yield lid then, in n London, e declared ished to it One of excusable hand, cer- mquency, niisadven- fficient to in self-de- ll i^i ; that ig, in all the circumstances that led to the homicide. Thus, if one be engaged m an illef>-al act, but not of such a nature as to justify the killing lum, and be so viofently assaulted that for the preservation of his own life he kills the as- sailant, such a homicide would be excusable, although it arose m the first place from the misconduct of the slayer." Now, gentlemen, you will perceive that I have opened to you shortly, but I hope' clcarlv, the law, as it bears on this case. You occupya highly re- sponsible position— far different from that of a jury on a civil trial. In the latter, the jury are called upon to find the fiicts— the law is in the bosom of the court. But on a criminal trial, the jury are the judges both of the law and the fact. Where the law is doubtful, the jury will, of course, be direetr ed by the court. But the law being clear, as in tliis case, which is a mixed question of law and fact, it comes entirely within the cognizance of the juiy. Anciently, in England, on an Indictment for Libel, it was supposed the jury could do no more than find the fact. But after a long and memorable strug- gle, illustrated and adorned by the genius and eloquence of some of the most able members of the British Bar, more especially Erskine, it was by the Brit- ish Parliament declared that in a cruninal action for Libel, the facts and the law should both be submitted for the decision of that jury. You have, there- fore, the right, first, to consider whether, under all the circumstances, a crime • has been committed. With you rests the credibility of the witnesses, and if you disbelieve them, you have a right to reject their testimony either m part or in toto, as you shall see fit. You are privileged to apply the law to the testimony, and, judging from all the facts as they bear upon the case, to say whetherthe prisoner at the bar be or be not guilty. The witnesses for the Crown— Kennedy, Ring, Kelly, Sutherland, M^.k- intosh, Smith, Dcegan, Mahaney— have all been examined before you. You have marked carefully their respective demeanours ; you have, I doubt not, weighed the discrepancies and hnprobabilities every where apparent m their testTmony, and you are to judge which of them, and what portions of their evidence you will credit ; but recollect that most of the leading witnesses for the Crown have come here to vindicate their own position ; they were parties more than witnesses, and were all, more or less, mixed up or participators in the transactions I have but faintly delineated to you. Gentlemen, the occur- rences in May, 1859, have still left their traces upon our memories, and the part those witnesses played in the drama should not be lost sight of when you come to weigh tlie evidence they have given. ^ I will ncjt import into this trial matters that do not legitimately belong to it ; but it is impossible to exclude from our view what must have passed througn the minds of the political opponents of these men on that day. Could they forj>-et that but a few miles from the scene of this outrage, another had been perpetrated— where the blood of Nova Scotians still reddens the soil, and is still uia-evenged- sending up to heaven an eloquent, but fruitless, appeal . No gentlemen ; the memory of a too celelirated shanty has not yet passed away in Nova Scotia. Could they forget that but a few miles further on, at a previous election, nothing but the strong arms, and stalwart frames, and 42 ^''sHlf tr/"'^'''; '^ '^' ?''''' ^*^"^'^" freeholders stayed the perpetration of a still greoier outrage. It was therefore no idle fear, no in a4ar>' terror which prompted these sober-minded, industrious and frugd frecm '^i i^^preparo la le7 rtXif • '^'' '^''T' -»-'-^--'y t'-t they were to' be' a^ sa led— that their privileges as freemen were to be invaded, and when thev saw navv.es congregate around the hustings-strangers to us-a varnumber n en h^l I'oo T^' u' ^'t ^ ^^'^^'^ *'">' ''''''^"^^ '^-' '^^^ nmltitude of men had been brouoht up by the railway free of charge ; that they hud been n 1 urd tW '^"'' ^'^ '^"'^^ "^ '^'' government,-was it extraordLry or un" mmds? Not that for a moment I would convey the impression tliat the offi- cers under government who authorised the conveyance of these men an cipl pubrfunnrth^T' '■ M* '"^' ^ '^''^''^''^ ^' --' P-i outtf 'thl t'hiSsof thim b r '=^'uf'^?'' '•i'^''™^ "' " P°"'"S stJon where two- th rds ot them had no riglit to be, is not, to say the least of it, a very credit- able incident m the history of the election of the 12th May last Veflcc again what did those men do ? Was the assault on Rutheiidd. Brown an l others, to rouse no resentment, to have no influence on the minds of. The pai .es supporting the Opposition ? Were they to remain calmly placid and awat oureiy not. Ihat these acts of aggression meant something, the facts of this tion ot that assemblage was inconsistent with the sober, rightful, and constitu- tional exercise of their highest privilege by the intelligent^md i du trious i^ habitants congregated at that polling place. "uuscrious m finn nf "'^ '^^''^ 'if ^'^'^ '^''^'. ^"^ "^cessai'ily will be said, about the produc- tion ot arms on the occasion in question, rhave a few remarks to make to you on the subject. That men should be found in the possession of ieadlv weapons IS a circumstance that at all times creates a Lling ot' suspicion t^vl'Tpror/he-' ^«-"r,^- right, conferred on the peojfe of thiTcoun: from tlnn'nt I ^ constitutional inheritance, drawing its origin aiot only from that law but secured and sanctioned by the Bill of Rigl,te of 1688 n 1;V "'f, • "^J'^' '' ^""'"'^''^ ^" --^^'^S ior the defence of liin self or the Ftl. " i ^r rP''^^' f ««««eientious, prudent, and cautious man let ^rtv l£?f ^1^^' us^^s a deadly weapon foJ the protection merely Sf prt erty. But f.jr tjio protection of the honor of his wife or daughter, fo secure hem or himself from outrage, to protect his hearthstone or to Le 1 is lifeS^ kw gives, and properly gives, to him that privilege. These mei^ then wl o Stl ;; T-' ^"'" l'^ ^H^F-el.-sioL to which I have reLed,"h:d' right to do so. It IS ni evidence tliat their object in takino- them to Kentv's was not to use them there, but to protect then4elves on thehwXr lom? Now, gentlemen, let us transport ourselves to the scene which took nlace on the morning of the day in question. It is certainly a m<^^ r n^^ark S crcumstancc, that up to the close of the case of the Crown, no tl eTos^ ^ mote evidence of the real character of tl,ae.f. o.^fv.... ^Jj-^'^^^liT ' ----- -f "" ---^ ^...^^K^ KJi luc uast; VI lue urown, not inote evidence of the real character of il,e,.e outrages was elicited tells you jt was a " little bit of a scrimmao-e - ■'o'^ f i^ca UUH UilCllCU. iVlalUllli Sheridan says a "bit of pre • [•potration of ;inarj' terror ti to prepare re to be as- when they r'ast number [lultitude of y had been inary or un- irougli their liat the offi- !n anticipat- . out of the where two- very credit- '. Ileflect, ^rown, and of the par- i and await 'icmselves ? lets of this nd disposi- d constitu- istrious in- he produe- make to 1 of deadly suspicion, ' this coun- 1 not only of 1688, self or the man hes- dy of pro- to secure lis life, the then, who ed, had a 'J Kenty's . home, oulv place smarkable i most re- Tvlahaney "bit of a 43 ;;^,or Jmay, I will not Mo ,„y n.»th^ I ™ -^ ^ t^a'tg St that they came from Hurley. But e™" '/'fy "/„,",„ droppinK from the why Bhould they? Confessedly, f ^ ^J'' *? ™^Xrif ^h^^^^^^^^^ by numbers; and, even rf possessed of f » '""^^IXtoe bee, to keep their opponents, being the weaker s.de thou pd'^yj™* f»J- » ^^^^ ^( again the case of Lowrie. I will ""^^ S?/''';^/"^^^..^^^ General, however, it'is yet, I am sure, resh m y^^^ ^^^^^^^^.^ZSv^^^ but assailed endeavored to extract from one ot the ^^^^^^^^'^^^^^^^^ vindication of the by two men. ^hat ^1^,^" Ty sev.rXesses, whose testi- act. But, g«f 77',^\,^^^,\>^',^ St of this mob assaulted Lowrie, jumped mony is uncontradicted, that six or eignioi i Mahaney, the fore- on a^id maltreated him. It ^« P/?^^«;^^*^,f^ t e aftc^ Cll had coaxed him man of Brian Kennedy, struck him on ^^^^ .*^f *^J;^^^^^^^^^ seems to not to kill the man. A pretty, happy ^ ^3^^^ m^^^^^^ Cain have existed between ^'J««^ S«^^*^«™J,";^^' T^^ '^he has got enough." Mahaney then says-;' JWI, f^^^^^ s^^^^^^lie pLeably^in the Again, what ot Mi. doim mcrvui.si. onvernment supporters camem, roonrbelonging to the opposition thee f ^ *^^f ^ ™^i^' ^^^^ade as if he and one of them laid his cheek ^ ^^^^^^^^^^^^^^^^ ^ e w okconduct of these was about to strike him. In fact, g«""7?; "' ^^^^ exhibits a deliber- men during election day and P''«;^^«^« \*i~a c^^t^^ge^t^^^ opponents. -^I^^P-!-: JS^ntriLiri^thf eL of his^dence ^::^oL^ that the anticipated presence ot guns a. .ua. .c.uO h 44 wore .ntr lo*!-K J' ""\ ^'""^^^y. "^'"^"''^' ^^^' g^vernn.out supporter. Zlh^nflr '• ?'' T^"'- ^"''"- *''^ ^'•^^ P^'^'-t '^f *'^« ^^y these row- erLd i Z fu^ 'f *''' '°?^"^'^ *'^«^"^^«^^«« *« ^he minor assaults de- ci ne the . 1 . ^^'% ^'u^'^ '^'''' '""'''^"' ^"*^ ^^^'^^^ with liquor, out Xh nn ?'^'";T " *¥ '"''"' ^"^^ *^»«" commenced the grand ou rage winch terminated m the death of Hurley *= Lre-mee ''7* ^'^^ three or four of the Liberal party were marked out for ven- dmt he wrm^v^ rT '^ ''"'"' *^^^^ ^^' '''"^''^''^ having some expectation WiuseXn Tf V" g"^«^-i^«e»fc candidates, were disappointed* Gray, ! er Tor...! 1, : 'i^ ? opprobrious terms he replied with spirit ; and Pree^ on^S ' " • ' '^r^'^^' '*' ^'"'^ "' '^'' ^'"'l^w- N^w h; what posi- be n tvf^^,CrM f .|"«^Fe^J«!^« <« the final attack? Their room having aVattrk wl " f ^••^•"t"'"^ indications made, it became clear to them tha^ Te p ilrof r "F-^'''5 f^ 'ty ^«termined to withdraw in a body fur pkeriK P'".''«'^'"fe' ''' ,^heu- homes. They did so leave, and then took wouldtL^^^,'rTT^'~"':^r ''"'" ^'^"^' --^^ *^« ^^^^^^^^^^ ^^^ the crown Twn ™v C tv r"~''^7 '' ''V^''-'' *^^^« ^•'^^'•^ly ^'^S^honds struck UmMh. ;:^ff- f "-f / ''"'"1?'*^ ''P'*'^ ^hn. and bruised him to suoh a decrrec Uut the effects are visible to this day in his head and shattered nerves ; the'n U was hat some half-dozen of them assailed and maltreated Lowrie : then it wa« it liber^* 1'' 'i T*^ ^^'^7 "T^ '^^•"' ^™^^1 ^'^h stones, ad afc d u^n ct of irdo! '^'^ "™ji themselves, not for assault, but for protection while groans otT.nvo'''''"'^^ *Vr«'^ '^J^, ^^•' '"^^^^led with the shrieks and g oans ot the overpowered and beaten liberals ; and this is the scene which the c own Witnesses have attempted to descr be as a slight scrimrao-r I mo.^v .?f .1 T \ ^^T *''^^ *^ ^"" ^"^1 ^e^^e their companions to the Z7 VrJrt''' '""''•'^ f"Pf • ^"^'^^y*hat was no'part of th i tllv"«ni Ji- r !"«'•« 'nanly, the more honorable, the wiser course- ' X .on M ^" '^■''"'''''■^ '^'' attention of the mob from theii- co nrnTon^- Ji d then thej remain stationery-commit no aet of aggression-fire no Z"' but simply stand their ground. Had they rushed trKenty'. armed tTem Sl^' ; ^""^1 "{""""^ -J^'-^venged the^njuries inflietedVp^rtheVt^^^^^ mnion I 4,t t"^: f'7, retm-n not for vengeance but to rescue their con,- P nion.s, a sliot IS aecidently fired m the air— it came from the eun carried from wLrt ^"^ '^"^'r^'^^" T^P^^^ ^^^ ^^^S them abo it trnt.t" d luh wtnTn ''''i >"^tmvted. But the government supporters, not eonte w stt IfwiM 'f^ ^^""' f ^r^"^ "P'^'^ *h^"- ^'PP^'^-^ts, some an Wk '' T. ' • '^"'','- ''"^ **^'^ ^"'« *^>hi to "stand off"- to "keen back. The warning was disregarded-the liquor had made them boldl ca less of consequences, and bent upon further outrage, rpJerforwrnT —that Preeper ran is proved by the fact th.aft nr;.,in.!lv he ""i« -- 4 r «iae of the roud. Brian Kennedy knocks down" thrLm;t Tnd ^i^H; 45 f the excited it supporters ly these row- ■ assaults de- i liquor, out •and outrage out for ven- expectation tedr Gray, ; and Pree- u what posi- room havinff them that [1 a body for d then took ■ the Crown •onds struck oh a degree ves ; then it then it was anced upon action while r course — ompanions, •e no guns, med them- their coiu- 1 advocate their coni- in carried enty yard? lot content >jne armed to "keep !m bold — s forward. i, pursued tiiQ Upper I aims at Preeper the fourth blow, which, had it not missed its aim, would have as he- K«d, put him past shooting Hurley. Hurley is oven then foUowmg up Preeper. acrainst whom, as I have said, he had a grudge bcc wS • he retreats across the road for the purpose of gammg the wcm.ls also. rt ™d by Hurley and some half-dozen others-he turns,-what is he ^doV Hurley was nearing him anned wUh these stones, any one of which mi'ht have caused death. Vho can forget the memorable occurrence M "the eternal disgrace of the Republic, some time since transpired m to We Ho^se of Z United States, when Charles Sumner, a man of genUe .nd conHUatory manners, poasessed of the finest genius, was by a single blow irrtparSv ni^ Yes, gentlemen, one of the most accomplished minds of than a stick i uf thai you are ttie r.csr; jwJs-- ; — i 46 who value your own persons, whether if pursued by a man so armed you would fly, when by the cast of a stone you might be stricken down and be ei- ther so injured as to become imbecile or to have your life sacrificed V Pree- per considered his life endangered, and under such circumstances, I ask you whether he was not justified in availing himself of the weapon in his hand, and sacrificing the life of his a.«vailant to protect his own? There is a wide distinction between legal and illegal assemblages : Preeper was present on the occasion in question, exercising his legitimate rights — a voter attending at tlio hustings for the purpose of recording his vote ;— until assailed, he exhibited no hostile spirit, no desire to provoke strife or create a disturbance; wlien strife did occur he sought to avoid it, and took the life of Hurley (if he did it at all)_ only to preserve his own. Hurley paid the penalty for his own fierce passions and gross imprudence j it would be unjust to punish Preeper for an act which the deceased drove him to commit. This trial, gentlemen, has occupied much of your time. The wings of the press will carry the evidence from one end of the Province to the oUior, and the wholesome lesson will, I hope, be taught to navvies and highlanders, Car tholics and Protestants alike, that he who interferes witli the exercise by the inhabitants of this country of their fi;inchise cannot do so with impunity. Preeper, even if guilty, has, under all the circumstances in my judgment, suffered enough; but I take the higher ground that the whole of the responsi- bility of this transaction rests, not on the accused, but on tliose who provoked the riot, — and, gentlemen, in cgnclusion let me say that I do not see how any jury could find the misoner guilty. Upon every principle of law applicable to this case — upon the soundest moral principles the prisoner at the bar is en- titled to a verdict of acquittal, which verdict, gentlemen, I feel assured you will render. [At the close of his address the counsel was warmly applauded.] The compiler of this pamphlet, having transcribed from the pages of the 3Iorning Chronicle newspaper the speeches delivered before the Jury by the prisoner's counsel, the opening speech of the Attorney General having been transcribed from the British Colonist, it was considered desirable that the closing speech also of the Attorney General should have appeared before the Judge's charge. It has not, however, been printed or published in any of the public newspapers. An application was made to the publisher of the Morning Chronicle on the 22d December to ascretain if it could be obtained, and the reply was that he had not been able to procure it, although, with that object in view, so early as the 6th of December, he had forwarded to the AttoiTiey General a note of which the following is a copy: — "The publisher of the Morning Chronicle presents his compliments to the Hon. Attorney General, and would be glad to be furnished with a report of his speech in the case of the Queen vs. Preeper, for publication previous to the Judge's charge in that cause." To which it appears no answer was returned. A^er the W(IaINS cl Gentlem cause will i tions that Your verdi the people are essentii ahall bo mi whether t their protc votes. I prisoner t1 harmony 1 a crhnc, v minions p innocence in mine, i law and t and true the priso. When yo ed adjur itjake tru minister thus adji suppositi cal qua than gra this proi engaged their pa Bvit we the disc flicfc ma carefull Undefih Ifyc justice the pui places for his of his .1 soon h law. 47 A.ev the close of the Hon. Attorney GenevaVs Address. His Honor Judge Wd.viNS charged the Jury as follows:— ^ .1 T Tl,o vpsult of vour dolihcratiohs in this important Gentlemen oj '''V^"l;7 vt^Sves uTyour coteinporaries, but genera- cause will not merely aflfect y««!^^l; «« TJ\m stage of Imman existence. t^- that succeed y;^ uj.. t - --^j^^ ^^ ,,, ,„,,^ , U.ss of ;:;; ^;Bential to the. free elecUons ?^ ^E^ T -« ^ ^^"^^^ ^^^^"^' ^^ 1 «hall be HKuntained by the ^^^^ J^.f f '^^^ 'Znu armed con.binatious for * whether electors at future « «^t><;"^; J^ f ^l, the free delivery of their their protection ^^l ^'l^t^w it S the learned counsel for the votes. I regretted deeply to heai ^t 'V^owca ^ > ^^ ^^^^ as not m prisoner that this was - P<^^^'^!f P^^J^ The prisoner is charged with Lrmony with the place, or TJI^Vf "^'^^.^^j^^^ will subject him to an ign(^ a crime, wliich, if it be es ablished .^S^^^fy^^^^J^^^ ^ J i,.,ue of his guilt or n^inious punishment, -"^^ ^^T ^J^, ^"^^^^^^^^^^ h. your place, and I innocence is upon a tnal m ^ ^^^^^ j'/Z^^^^^Xations to conduct according to in mine, .re bound by the most solemn obh^^on ^^ ^^^^ ^^^ law and to the evidence. Your oath ^ '^^ «^^^^^^ j^ady the Queen and and true deliverance to make ^^^^'^^'^.^ ^^'Zrdin/to the evidence.^' the prisoner at the bar, and a ^'-f -^^^f j'^ f^^/' " , .,,,ented to the prescrijj Whin your lips touched the saa-ed ^^olumc a^d y ^^^^^^ ^ ^^^^ ed adjuration -So help yoH ^orf y«^ '^^^^^^ l,,^u the Almighty ad- l make true deliverance accordmg to ^^t cyuu , ^Having, then, been ^ minister help to you when you ^^^^^T^'r^ insult you by the thus adjured well and txuly ''.' J ^^f^^ ,, regard this case as a politi- «upposition that you could possibly be xn^^^^^^^^^^ . deliberations cal question, or to permit '^^Y °' L of ^^^^^^ The fatal act which led to than grave and matured 7"^'^l«\^*^^\"i,n an occasion when free men were this prosecution was mdeea «^f Jf^^^rtant political right and when engaged in the exercise of a ^;f ^^^^^^^^^ ^^ eonflict of political opmions. their passions were likely to be e^xa ed by ^^^^^, ^^^^ ^^ ^^^ ,„ But we owe it to «^^^'««1^'»^^^^"^ "-fXe that how violently soever that con- ihe purity of the trial by ^"7^ ^^itSty ^^ a colonial subject have places of truth and justice ^^;^;;«-^;^^\ ^X^^ „, .ellects upon the strength }br his property, his f^^-^' ^^ /; ^; J;.'e, he will feel that he knows not how of his passions, and infunuty ^^ '^^J^^ ^ ^' -^^ upholding the supremacy of the r ^^^S^r ar^y S^ -tnLses, many of which, though 48 Irrelevant, T dul not shiit out, from fear of prejudicmp; the prisoner's defence, cannot but have .sugp;estcd tlic p;reat soeial and political evils which result from riot and tumult at efections. That every elector should possess, and preserve inviolate, a ri-^^ht tx> the free exercise of his franchise, deeply concerns our happiness and" prosperity as a p(M»plo. Every good subject is bound to use all legal and constitutional moans to uphold it; but it never can be promoted by a recourse to violence, nor by allowing any private man, or body of private men, to constitute themselves judges of the means by which it is to be main- tained. If men can use fire-arms to protect them in the exercise of the right in question, w!io can guarantee to the community the safe and lawful use of these? • The occasion, necessarily, ex(.'ites the passions: an obstruction to the right, not very serious, perhaps, occurs— the gun is levelled— the trigger ,],..i^n_the tutal bullet is propelle i into the midst of the assembled multitude —and innocent blood is shed. And, here, let me warn you, gentlemen, not to permit that natural indignation which you nmst feel at the lawless outrages which were coimnitted at the election in question, to efface in your minds dis- tinctions between right and wrong, between reason and prejudice. When you calmly weigh the testimony in this cause, you w;ill find that, though savage brutality was practised by lawless men, in overpowering numbers a>rainst individuals, under the influence of vindictive feelings, for real or imagined insults, any organized, systematic attempt to prevent polling at the hustings, at the Grand liake, is contradicted by the evidence. Hustling and jostlin°, and crowding and rude words, 8U(;h as too connnonly occur on such occasions, there were, undoubtedly ; but there is entirely wanting the proof of any one elector being prevented from recording his vote. Until the armed men appeared in the neighborhood of the polling booth, the evidence presents not the semblance of anything like a general personal conflict, between the two political parties. The peisonal outrages that did occur before the general con- flict, are to be deplored, and the oflTcnders, if 1)rought to justice, and convicted, deserve the most severe punishment. But that punishment must follow upon reo-ular convictions, and must not be administered by the rash hands of an excited body of anned men. The rame evidence that has been given on this tr'al would have brought these men first referred to, to judgment. Cruel violence was practised, \(fter the death of Hurley, upon the fallen of the armed party, but that cannot and ought not, in the slightest degree, to influence your verdict. That violence does not even give a character to the previous acts, for the death of the deceased, as might have been anticipated, excited m the breasts of his party that terrible feeling of vengeance to which that violence must be rererred. , , . I will now, gentlemen, point out to you the law that is to govern your ver- dict, and which it is my solemn duty to declare. To make it appear the more plainly, I shall put the evidence, where it is contradictory, in that aspect which is the most favorable to the prisoner. Even if the armed party with which he was associated, consisting at least of ten persons, had provided them- selves with loaded fire-arms, and assembled together thus armc^d, for the sole and real purpose of protecting each other, in the peaceful exercise of the fK 49 *v imvUcqe of roth f,, from vioknro threatened h, or W^''^/;-^/' T./f " C/>r w//^/ «« theka>^tiaf,s-nnA hero I am puttii.n; a case which the fac s, ho E hey respect the purpose, do not warrat.t-still, their thus as.cmb mj^ w s in tself, i eriu;e, ana/lf death ensued from the use of tlio j^ms by e ri.e !f them, whin tlms as.cm1)led, and whilst aetin. m the prosmitjou of he>r Lnmon puvpose,-every in.lividual of the party present would !'« }.m Ity o teTrhne\,f nun ler. It is quite necessary that you slioul, uudershmd that ei^rvumulluous gathering c-f lar.o bodies of men, especially with fire-arms, ',s i^\a^ obviou"s tendency to excite alarm, and disturb the i).-ace, is unlaw- ul I T am about to proceed to a market in the exercise of ".y cal ing f be such an.l I have r Jason to apprehend violence on my way I have, still no riZ to proceed there with a concourse of men for my protection, especia ly of a med men The laws for the preservation of the peace, and for pcTsonal protean ^appealed to, are deemed adequate to my protection ; and I have oS whilst eeking to prevent a breach of the peace, on he one hand to an L t e probable"efFe t of which will be a violation of it, on the other Moreoverandtha which I am about to announce has a part cular application S's ca;e^he aw does not permit a combination of several men to beform- 1 S the purpo e of aven^nns an injury done to one of them, or even of pre- ittVan Sy or the inva'^ion of a rij^ht, threaterxed to either of them ; ni"rfe's wSTdo so, if such combination be armed with deadly weapon . ir^entiLTy opp^ to the principles by which the T-W- P-ce . pi-eser^ed In -ill countries whore British institutions and laws prevad If the acts ot "■"TlitlSt^ntt^^^^^^^^^ one incident in .this ca.e, wuld, u,,™. ine prisoiiti,^« ^ , .^ ^ ^1 - ^, of murder, and must IrelJ'; "co^n^^^^^^^^^ h^iJ'Lfn^Lged with that offence, l^.e inci- 11 T^vXl allude —and most gladly do I seize upon it,~is the fact of fl'fn^^.rit of tL ece^ the prisoner, when, according to the testimony r.v^ e w ne^^^^^^ former rushed upon the latter nnme- iTelypevrou^^^^^^^^^ aid endeavored foj-cibly to arrest his gun S him I must add, with very deep regret, that I am unable to put to you cce more favorably for the prisoner, than by instriictmg you,_ that, f you pLve thTSJoi one other akault of the deceased under the circumstances ^fovld f excked the passions of the prisoner, at the moment, as to depmc S^ of the conh^ of h s reason, when he drew the ti-igger-you may, m view rthe nfirSs of our common nature, consider the honiicide as reduced ?rom t nfw'^^^^^^^^^^^ which, otherwise, the law would have presumed to from that mgner "" ' , ^^^ ^^1^ ^^hich the indictment charges the '^:^''::^7:^I^^"^^^ 'oW, ^^ ana,.he evidence, in any •^vf^o? rt« fecfs m )»-o»/', constrain you to find him guilty. . A Ifgaf/Son oAc fivtal act! although it has been sot up, is entirely 50 with tl\em. Th(! law nrccludoii by the facts, anil by tho law in coimectu.n Losumos every act of h..u.iciae to tu.u.unt to the cnn.e of niur.lor aiul it ih r S to whl that presumption attaclies, to rc.luce tlie crane to one ot a w "radr can \\o so ; \ni this i. not to be done by vague and douW il evidence but by testimony that, necessarily, ex.dudes all reasonable doubt, elt^ho prism. er,c]iar^ assertn h.s perfect irmocen<. .^r^tLs that the act of skn,u., nu. ahsolMeh, nece^^j, ^ ;:^^'^ nremtioti of his ov:n life, and tliat, so bemfj committed in self ^^<:"^\'l ^l^^abk I will, first, suppose a state of facts to have existed, which has otbeTn proved namely, that the deceased iiad assaulte.l the pr.soner in such larrCto pi e hi life in imminent danger from the threatened am im- .cXsviTdenc, -still, T am bound to tell you that the slaymg wouid not . e berex n vl.lo, for it would not have been entirely and exclusively oc- tioncd br^S of the dece^ised. The prisoner's own prev,ous conduc us then have been held instrumental, h, part, to l"« own destruction « i^;. the armed assembly, un.ler the circumstances, was, as I have already I If IkMrl ind that anned asaemblv had a natural tendency to excite the W of KU" d 1 ft.,n the iilstinct <.f self-preservation, to stimula e " t ^ Xt to disa;m the prisoner ^d /hs ass^uvte^ ^^ 'i;,^^!^ T,revent them from the threatened use, with fatal effect, ot ^^^^J'^^ *^^ The wTmle? of human life. d.« not hold any hoimclc cxcu^ble, ox- ,.,.,^ it "oo X ,Wy pro»f.l thut it was comralUed from aksolutc and mev.t- 2 ec s ity Confidor tho deceased, then, a. pursuing the rri'UT £aS ' h m with personal violenee by nK.,„s of stones held m hm hand , l;rSrtant„ueio„ arises, ••Could ,Ue V^^^t:^^ 'ItZ^^^"^^^ ^^^ -- ^— " ^-^ ihni he did retreat and did escape. ,., t were nuevile to contend that the life of a young and f y,™" • ''f ,hi bX« you! «« .•« .■»»«■«.«' danger from a threatc^d hand that gra^y ed no ivfanon more dangerous than a stone. . i u- ,„« „;nw i difficulties, howe4, attending this defence ™ '"TTl at c« if t ^e ,he case in connection with the unlawful assembhng, for, m tl at case, U the Gentlemen you must not for a moment cease to bear in mmd, that, on the , *^*'": _"!'!:'XT of c-'-^-al law there existed no such relation between the ;:^.^rS;^, or I^;;;i^e. the only persons outraged, as .ould authun^ 61 ith ri%uii. io of the h.>n,ieule, in an unlaw ul i >s ut t uii ^^^ ^^^^^^^^^^ ^^j. ^^^^^ ^c- „ H iLnan vrobal.ilUy 1.0^-^'^ /t t tiS s\e did at last, a hu,nan IZ.^. B-n, as^uated, . i-^^^, 'de^^^ed that U. it were uK>n«txous Ufo wonld have been spavod. HaNm,, j , .-, , to m that he is innocent. minutes, of the evid''neo. Twill, now, before I poceod to ^; ;;'.'„7 vesneetin- which it ih pn.- ,n,lrl or two «rks on i^nnts y^ -''^"- ),, ^, ,onnection with J^ Lt that YOU Hhould be instructed. Hk. e ^^^^^ «vidence «hcNM^ ^L^H that I have ^^-^^^ -"^S^as "^ d-whi, tbe txipr, or, d that the prisoner actually slew tlie ^'^ { • -^^ ^,<,iut of law renpon- "Jd possibly be ^"y doubt on -n^- - :^^J ^^en you come iue for that act, if done by some '^ ^^^ /* ^^^ ^here is eviy ^1- --^-^^^^t you that you are at Idjerty the death (d* the deceased. Mx. i un, ^ ^^^,. to gm' < to iudcre of the laio. I tell T^'^ ,^^:^^^Z law and fact. ,ou do m eflect General verdict, involving a mixed question o i^ eonstitution judges ot ^. pertain sense decide upon the la,w, you arc oy constitutionaby Z7T^^^^^ ^- -^?^'''t^J^:^^tJ^^ With i^gardij. the cWd witb y\. duty of "^^'^•^^^"^^^;^^ "^,,Xwince, you niMst understand that Sic.,, aowever, which u your P^^^^^V^^^^' ^f^, tnessess, and reject others. 7ou have no arbitrary PO^^er to re e v. m^^^J^^^ ^^ ^^^^, ^^, f,om youv C are not at liberty especmlly «^ ^^^^^^f;;;;,, ^ho stands before you wttheu volemn deliberations the I s imony ^^ ^ jf "'^^ ^^„,e knowledge of the faets Sion, whose integrity iB/^"«"f '^^^f," J^^^ make this last observation of Xh be testifies is beyond doubt I^ ^ '^^ ^.^ bound to believe every ^^^rs^;^"^ '' '' "^''^^^^ I^Sny, by r^din/over^to you my nuiu^^ ^^^^ ^^^ ^^ ^^^^ ^ r^:fenS that be sliould take ^- -^JI^^J",,,,! his question, in nearly tlie ^ iter reading a little further, be g^^^^^^^ ^J,^^^,, l,ft, remarked ManVe language, when one of the J^V,^ "'^;Xto that effect. Thereupon the S^he "^^^-^X^^::^ quarters of an hour, return- Turv were permitted to retiie, .luu ;" with a vUet of-N«T «m»v. 52 The Court room and galleries were densely crowded by parties evidently not in fivinpathy with the prisoner, for there was a decided sensation produced when the verdict was pronounced, and partly suppressed expressions, apparent- ly from the gallery, wore heard? of "murder hnn," "murder him. Here ends this remarkahle trial, upon which it may not be amiss to add a few remarks : — The char<^e of Judge Wilkins (the italics in it are his own— the British Colonist, from whence it is taken, alleges that it is printed as furnished by the Judge himself) was made the subject of severe criticism m the puDlie newspapers. Tlie Morning Chronicle speaking of it says : " It is not so much what is there, as what is not there, in which it differs ■ from the spoken charge. Among other things, we miss, at the commencement, an elaborate attack upon Mr. Young's position, that in criminal cases jurors are iudoes of law and fact. Towards the closfi, it is briefly referred to, and that is all. There i» a good deal in the wza/ivier that cannot be put upon paper There is the staid, grave expositor of law discharging his own duties, leavin.r others to discharge theirs,— assuming that jurymen, as well as others, are Cluistian men, understanding and appreciating the solemnity of an oath— that is one thing; and there is the impassioned action of the advocate vehe- ment in expression, warming up, as he proceeds, invoking evei-y sacred consiv^. deration calculated to stir the deepest feelings of tlie human heart, callings them all into active exercise adversely to a prisoner without any reference to the benefit of doubts, always accorded in such cases, and startling the audience with elaborately rounded periods, figures of speech, and climaxes— <^a« is quite another. ' „ . , t i i j j " It is not a common thing in Nova Scotia to hear a Judge cheered; and we only leave our readers to imagine what kind of feelings a charge must have excited, when a somewhat repressed shout, at the close of this trial was heard from men of mercurial temperament crying, ' Hurrah ! forjudge VVilkms. Eeferrin^^ to that portion of the charge where the Judge observes that " it were puerile to contend that a young and active man like that before you was in imminent danger from a threatened hand that grasped no weapon more dan.- ^ himself used them against ^ ^"■;^We have read and heard rather - rtt7udrwl»1»'^ '^^^ death^to coincide wiih «« "^Xal tStm a stone, was an rdea too opinion about, and so '^^ly J ^^ „ tiing offence, to form and enjoy t ^^^^ ^^^^^^ ^^ .^^^ ^^^^ But there are more serious objec^ns to th^ ^^^ ^^^^ ^ ,,„,« been referred to by the press of the day. preface says' ^ ^ ^^^^t is to go.vern your .'I will now gentlemen P^^ ^^.^^^ declare. To make it appear the verdict and which it is my ^'^'"^^J^lZroT^ contradictory in that aspect veiuiv.1., _ ^ evidence wncr^ it armecZ wie« tft^^ peace cful exercise 54 apprehended from, their opponents at the hustings,— and here I anv putting a case which the facts, so iar as they respect tliis case, do not waijant,— still, their thus msembling was in itself -a crime, and if death ensued from the use of the guns hy either of them when thus assembled, and whilst actmg m the prosecution' of their common purpose, evenj individual of the party woidd be guiltij of the crime of murder." Now, whether this, in the abstract, be law or not, it may not be amiss very car ef idly to consider. It sounds rather strangely to be thus told, that it is a crime for armed men to- assemble peacefully together, for a lawftd purpose, where there is no pretence that the intent, either as to the arming or the assaulting, was impro- per or illegal,— no riotous or tumultuous gathering, but on tlie contrary that the gathering together was %«; and jieacefal, and the arming purely what reasonable men would naturally do wliere danger was apprehended —it does fall upon one's ear as new and strange. For if that be law, to say tho least ot it, it has not beeirvery universally understood up to the present time. , ' It will probably be remembered by many of the readers of this pamphlet that the Puritans were accustomed to arm themselves, and go armed to tlmrch as a protection against the attacks of Indians in the early history of iSew i^.ng- land Nobody then supposed that this was criminal, and when an unfortunate red-man fell, the victim of some ill-advised attack, it was never heard of tliu^ the whole congregation, or even the armed portion of it, were chargeable with the crime of murder. ' - . -o -c But aside from the historical fact, suppose that a congregation, if you choose, of Roman Catholics, are in the habit of meeting peaceably for public worship, and from threats circulating and other causes, they have reasonable grounds to believe that their lives and persons are unsafe, unless they arm themseives or have arms provided near the place of meeting. Suppose then that a party of Protestants ten times their numbers, without any provocation whatever, fell upon th^m and with sticks and stones and clubs beat them, as Ileeves, and King and liowrie were beaten, and one of the assailants in the act of hurling a stone with intent to do some great bodily harm is mortally wounded. Is it the law of En.4and that not only the slayer of this offender, but the whole party who took arms there to defend themselves, are guilty of 7nurder^ Is itV Can it be so? Suppose, again, that Preeper and Ileeves and others were to take a contract t(t build a portion of railway, and Mahaney and Giltoy and their comrades, unwilling ihat Protestants be upon these works, t^hreaten- ed tha^ if they came upon the ground they " had better bring their coftms with them ;" and that instead of a coffin, each man, like the Jews that built the second temple, takes a weapon, a revolver, in his pocket : is it a fact, that by so doinjr every man has committed a crime '! And if the assailants pers.i.t, and ten to one, with sticks and stones rush upon these contractors pcaceabry enraxrcd in i\xQ lawftd and laudable act of executing their contract, and one ot tbm is siain, it it hio in Nova Scotia that these contractors arc liable to be ?k»3 00 atting H ,— still, the use ; in the jould be ain'>s led men 3re is no i impro- L-ary tluit ely what — it does least (if « pamphlet Cluirt-h 'sew Eng- Lfortunato 1 of thut able with )U choose, 3 worship. B grounds hemselves at a party whatever, 3CV0E, and of hurling 3d. Is it the whole rderf Is and others and Gilfoy , threaten- heir coffins jt built the ,ct, that hy its persi.st, i pcaceabh/ and one of able t'.i be takea up and hanged. Every one of the. ^ JlTofmL^i J^^^^" has been prevalent, that any.ujan, and any ^^^ ^^^^^^ gatbering, aii^no they choose, carry arms, P™^^*1»^|^^"'':'JL'^! 'embU^^ to be that of. a New . illelal intent or object in view. ^^P^^^^^f ^ trT ' '^ Suppose a volunteer writ to attend and poU !^«^^' 7^*^^^! ,ons a^^^^^^^^^ on this occaBion. excepting of armedmen, ''^^nsistrngof ten i^ei^ns aU^^^^^^ Kenty says "onthe after the assault and nmrderousattac^^^^ .^ ^^^ told me ,«orning of the e ection, wine I J^f'^J^'^-'^^ ^,, ^on outside ; they asked somebody wanted to see me ; I f'^'^^ -^^^^^^^ i j^ my barn-otbers e^ne-- me if they could put their horses and ^gS^^^^P J^j ^^ Augustus Robm- T was asked to pit some things m '^y ^^^^-^i^'^ '^oing to do with these Lrthat they ^ere fire arms; I -J^^^ "" ,\ZLJselves going home^ gun*-Bobinson said we have bio^S^^Uhcm / ^^ ^^^.^ ^^^ ^ I key would have to pa^B a pkc -^^^ ^'-^ ^^ -^ the waggon, they^>ad told them I didn't think it ^a^ hkIcu^^^^^ l^a x^^ ^ ^^^^,^ „ .etter go into the house. I didn t know the g ^^^^^^^.^^ ^^ ^^^. This is all we have in the case a. to the h^tory ^ arms None of them were armed, although arms v^ ^ ^^ ^ ^^.^^ ^^^^ :roftliose then there. ^J^-^ SXlTobtct pT^^^^^^^ '' to protect tbem- the polling place, and if mtended for ^^^ ^^^^^^^^^ ^^ee to serve that object. Koing'home,;' were dej^osit^d ;^^^^^^^^^^ ^,^ ,,,,^ place to But if brought to be used at tu. i ... -ion, w be of use. , ,j^ learned Judge to the ca.se Let us apply the law ^^^f , j^^i -^Jrfor home ; he i"s set upon by of Georc^e Gray. This ™'^^ ^^V .l.s retrea s is pressed closely by bis the navvies and cruelly beaten ; he escapes ^e^t^, ^s P ^^^^^ ^^^ ^^ sri ftsr^f ?: j^ J^^f sts^f ^ but Gray, too, as one of the "armed f^^^^^^^e peace, having come with 1 Bo,^I>ut Stewart, who {"^^rf^^-f?, '^^^'^^^^^^^^^ if that be the as- Pevere and Robinson wbo.brought the am^ to ive \^^^^^^^ ^i,o for aught Sling" referred to, he is gudty of ^^^^^^^ ^f again that day, be is Tt appears went home, for he is not seen or he^d „.^^ .^ ^^^ ^^^^^^ ^^^. .■f1» ■■«»■• I' criminal law ih^^ntent is everything. T]:o law, in certain cases, implidfe an evil intonK but ll^e conviction is hot the less based upon the assumption that the l^micide, if not excusable, was committed with afeloniovn intent According to the ruling of MrjgJustice Wiikins in this ease, every man that eo-oporatos m roBisting the otoge of the assailants was guilty of nian- sklughter. But there iis little room for doubt -that the Jury, in contradis- tinction to the Judge, as in hundreds of other cases, have taken the proper .view of this subje(;t. ^ It is melancholy to reflect upon, that a human life should thus have been wasted,' but wKo of all those who hoard this trial, or shall peruse this history of It, but will feel that, similarly situated, they would huve acted precisely as Pseepor and his comrades did ? There seems' to have been no alternative. ' But before thig subject is finally dimissed, and this tra|ic story is closed, it may not be ahiiss to look at the case in another aspect atkd from another and diftweiif stand point. ■ What will the public now think and say of the condudi qf the GoTernment, of that of the Railway Board, and of their Superintendent of Traffic, Mr. Jas! R. 3Io8ge? Tlie revelations of the Crown witnesses k^ve brought home to thcscypartics, charges of a most audacious and criminal^i^aracter!' ' It Is now beyond all dispute, that the railway itself; a^ the public fundt (u^ the' country, have been prostituted to purposes of a mt'st culpable nature An organiiied.aud successful effort to bribe, out of the public treasury, a great mass of laboiu-ers employed upon public works, to violate the laws of the land and the purity of elections, has been detected. The officials who were openly active in this base and detestable crime, although the offence is not, and pan not be denied, are continued in government employ,— provino- clearly find satisfactorily that they had the sanction of the ministers of the d^wn foplhe ^urse, they have j»ursued. Lord Mulgrave's advisers Foem not to be aware of ;0ie enormity of the offence that has been committed. If men high in office, rank, and power , commit with .iinpunity such acts as have been laid bare in this case, what a fcaa-ful exampleis thus set to subordinates and others! Is the petty larceny rogue that steals.a sheep from a neighbour^ pasture, or the clerk that robs his employer of a shilling, to be clapped up into the criminal box, convicted and sent to tlie penitentiary, and the men who rob the public revenue of hun- dreds of pounds for the mOst^ criminal )f all purposes—to bribe the humble artizan, the needy operative, and then send him to swear that he is an elec- tor, and entitled to vote,^are ,tliese men to go unwhipt "of justice? Time will?, disclose, ^^- A< 3\ i