Skip to main content

Full text of "History of the Montreal prison from A.D. 1784 to A.D. 1886 [microform]"

See other formats 


QNADA 


NATIONAL  LIBRARY 
BIBLIOTHEQUE  NATIONALE 


<>> 


H  I  STORY 


OF    THK 


MONTREAL  PRISON 


KROM 


A.  D.  1784  TO  A.D.  1556 


CUMAIN1N<;  A 


Complete  Recofil  of  Ihe  Troubles  of  1fl3/-li3B,  Surning  of  llie  Parllamenl  Boiliiings,  in  1849. 

THE  ST.  ALBAN'S  RAIDERS,  1864.  THE  TWO  FENIAN  RAIDS  OF  1866  AND  1870. 


AND    A 


Chronolo'^ical  Digest  of  all  the  principal  events  for  the  past  hundred 
years.    Valuable  statistical  tables  from  the  Police  and  Recorder  s 
Courts.    Cu  ions  Proclamations,  Warrants  and  other  docu- 
ments ncier  before  printed,  relating  to  the  Patriots  of 
'37,  and  the  administration  of  justice  from  the 
commenccvtent  of  the  Courts  in  17  84. 

Willi  descriptions  of  Brasdmsioii  tbe  hand,  standing  on  tbe  Pillory,  tlie  Stocks,  wmpping,  &c. 

REV'D  J.   DOUGLAS  BORTHWICK 

IWi'.NI  V    YKAK>    (11  Al'l  AIN 
tliilliot  v-ij  '*v?i)ctopa6ui  -^f  ."Vijtoiil  ^ini''  v:^,v-o.j:viplii|,     'vHi-l.^:  ij  ..-^f  J>v.otli,>l'i  *v<ii.j. 


MONJKEAL 

A,  FERIARO,  BcoAseller,  Publisher  i\(h  lipporler,  23  l\  James  Street 


«►• 


f<54*5  40500 

60^ 


1 


^     c^ 


?oaTv(u\cK,^^^P 


Entered  according  to  Act  of  rr.rliament  of  Canada  l)y  John  Douglas 
BORTHWICK,  in  the  office  of  the  Minister  of  Agriculture. 


DEDICATION 

TO      THE 

HONBLE  SIR  A.  A.  DORION 

Chief  yuit ice,  Court  of  Queen' s  Bench,  Province  of  Quebec,  Canada. 

SIR, 

I  have  very  nuich  pleasure  in  being  able  to  dedicate 
this  xvork  THE  HISTORY  OF  THE  MONTR EAI 
PRISON,  to  you. 

* 

The  high  position  to  which  yon  liave  attained  by  your  o^cn 
sterling  worth  and  perseverance,  commends  itself  to  every 
right  minded  man  in  the  Province  of  Quebec,  of  whatever 
religious  denomination  or  political  sect,  and  should  be  an  in- 
centive to  t lie  younger  members  of  the  Bar  to  follow  in  your 
illustrious  footsteps. 

TJw  events  of  that  part  of  tJie  volume  ivhich  relates  the 
stirring  history  of  1837-38,  must  be  dear  to  many  t/wusands 
of  French  Canadian  hearts,  and  in  dedicating  this  ivork  to 
you — you  have  permitted  me,  an  Old  Country-man  by  birth,  but 
now  a  resident  of  Canada  for  five  and  thirty  years,  to  hope 
sincerely  tJiat  in  the  near  future,  the  Natioftal  Spirit  zvill  so 
prevail  that  all  party  feeling  will  be  obliterated  in  the  ofie 
grand  name  CANADA. 

Wishing  you  long  life  in  your  judiciary  career, 

I  remain. 

Sir, 

Your  obedient  servant, 

J.    DOUGLAS    HORTHWiCK. 

.Monlrfdl,  1st  yit/tuiirj;  1886. 


F^RBFACE 


HAVE  often  been  asked  to  write  the  history  of  the 
Montreal  Graol.  The  prese^it  building  came  into 
existence  at  a  very  important  period  of  the  his- 
tory of  Canada,  and  especially  of  our  own  prov- 
ince of  Quebec  and  City  of  Montreal.  Almost 
as  soon  as  it  was  built,  the  troubles  of  1837  and  1838 
took  place,  and  among  the  first  oi jwlitual  ajfenders  were 
those  w^ho  being  prisoners ^ — taken  with  arms  in  their 
hands  and  in  rebellion  against  the  constituted  author- 
ities— were  incarcerated  therein,  and  as  in  the  case  of 
several  of  them,  suffered  the  extreme  pejialty  of  the  law 
by  public  execution.  Several  chapters  will  be  devoted 
to  this  interesting  period — as  the  names  of  many  of  our 
great  rnen,  and  some  only  lately  dead — weie  connected 
with  that  event ;  and  now  We  can  calmly  look  back  on 
this  troubled  period  and  say  that  these  men  were  indeed 
the  Tieans  oi"  gaining  for  us,  what  we  now  so  much 
prize,  our  present  system  of  parliamentary  representa- 
tion and  reform,  and  all  the  benefits  which  the  country 
has  since  derived. 

As  Ijemoine,  the  Canadian  writer  justly  says  : 
"  If  one  rellects  how  fully  England-  has  granted  the 
demands  asked  for,  bv  the  Patriots  of  1837.  as  set  forth 


PREFACE 


in  their  Declaration  of  Independence,  viz  :  abolition  of 
seigniorial  dues  ;  secularization  of  the  Clergy  Reserves  ; 
abolition  of  imprisonment  for  debt,  except  in  extreme 
cases  ;  freedom  of  the  press  ;  trial  by  jury,  in  an  extended 
form  ;  the  use  of  both  languages  in  public  affairs ;  the 
control  of -the  Provincial  Revenue  and  Tariff;  abolition 
of  sentence  of  death,except  in  cases  of  murder  ;  it  seems 
strange,  that  it  should  have  specially  fallen  to  the  lot 
of  French  Canadians  to  fight  to  the  death,  for  the  poss- 
ession of  reforms  and  changes,  many  of  them  so  pecu- 
liarly British  in  their  ring,  and  to  achieve  which  they 
incurred  such  a  liberal  allow^ancc  of  hanging  and  out- 
lawry. Was  the  real  issue  ever  before  the  eyes  of  the 
British  Canadian  in  1837  ?" 

Other  events  in  the  history  of  our  city  and  country 
will  be  treated  of,  notably  the  Burning  of  the  Parlia- 
ment buildings,  in  1849,  where- now  stands  8t.  Ann's 
Market,  the  St.  Alban's  Raid,  in  1864.  and  the  two 
Fenian  Raids  of  1866  and  1870,  together  with  such 
minor  and  interesting,  yet  TRUE  events  as  go  to  make 
up  a  Repertoire  of  readable  matter  from  the  descriptions 
of  history  to  the  records  of  crime. 

If  an  experience  of  twenty  years  among  the  criminal 
classes  and  in  that  long  period  the  sight  of  many 
phases  of  human  character  can  add  to  the  interest  of 
this  work  or  the  truthfulness  of  the  author's  delineations 
then  these  sketches  should  be  more  acceptable  to  the 
public  than  those  which  might  be  written  from  imagin- 


niEJ-ACh  111 

ation  only,  besides  a  large  portion  of  the  volume  will 
be  devoted  to  periods  of  political  upheaving,  which  are 
intimately  connected  with  the  history  and  advanr;ement 
of  this  "  Canada  of  ours." 

For  all  these  reasons  therefor**  the  author  launches 
his  work  on'the  sea  of  public  ojnnion — knowing  well — 
like  The.  olfl  man  ami  his  Ass  that  it  is  impossible  to  please 
everybody,  for,  while  some  will  say  that  he  has  done 
right  in  his  publication  of  these  sketches,  others,  and 
perhaps  some  of  the  more  interested  parties,  will  reply 
that  he  has  no  right  to  make  again  public  what,  in  the 
period  of  nearly  half  a  century^  and  down  to  later  times, 
has  been  once  the  nin^.  (lajfs  vonder,  and  now  has  fallen 
into  obscurity  or  has  been  forgotten.  He  feels  that 
certain  may  thus  reason,  but  those  who  cavil  so,  must 
remember  that,  what  is  public,  belongs  to  the  public, 
and  therefore  the  "  vox  pftjmli'^  must  prevail,  and  he 
doubts  not  but  that  in  the  case  ot  p<»litical  offenders, 
confined  in  this  institution,  the  history  of  whi<h  in  the 
object  of  this  volume,  the  descendants  of  such  men,  now 
at  this  period  of  Canadian  history  [and  enjoying  tht*  be- 
nefits of  their  demonstrations,  will  rather  pride  them- 
selves on  the  sayings  and  doings  of  those  of  their  own 
household,  their  kith  and  kin.  who  may  appear  in  the 
pages  of  this  work  as  political  oflenders  during  that 
period  of  1837-38. 

Byron,  the  great  poet.  says,  in  his  ••  English  Bards 
and  Scotch  Reviewers." 


IV  PREFACE 

"Tis  pleasant  sure,  to  see  one's  name  in  print 
A  ]K>ok'sa  book,  altliough  there's  nothing  in't." 

However  the  Author  hopes  there  may  be  something 
in  this  bock  to  amuse  as  well  as  to  instruct,  to  sj^eak 
faithfully  as  well  as  historically  and  there^re  he  now 
makes  his  Editorial  bow  and  retires  from  the  prefatory 
stage  and  brings  on  his  panorama  of  faces  and  of  facts 
and  of  deeds,  almost,  and  in  a  number  ol'  instances 
completely  forirotten. 

J.  DOUGLAS  BORTIIWICK. 

Hcjchelaga,  January,  iS86, 

W  S. — A  great  amount  of  the  iniornuition  which  is 
here  given  of  those  persons  who  figured  cons])icuously 
in  the  Troubles  ol'  1837-H,  has  been  taken  from  the 
Author's  o\\\\  publication  of  "  Montreal  its  History  and 
Biographi<'a»  Sl'-Uches  '",  and  the  items  were  either  fur- 
nished directly  to  him,  by  the  individuals  themselves, 
or  their  immediate  family,  in  manuscrii>t  for  the  same 
]>ook,  or  culled  from  Biograj^hies  by  Mr.  L.  O.  David.  He 
ther«;fore  feels  that  many  items  in  this  interesting 
j)eriod  will  see  the  puldic  light  for  the  first  time,  as  the 
above  volum«^  had  a  select  and  limited  edition,  of  only 
200  copies,  and  is  n<nv  out  of  \rc\\\\  ;  also  very  many 
items  of  information  relative  to  ^7-38,  ^c,  &c..  have 
liecn  taken  by  him  from  old  documents  in  the  Court 
House  and  Jaii.  liberty  to  do  so,  lieinu'  freely  iriveii 
bv  those  who  have  poWer, 


CONTENTS 


CHAPTER  I. 


Remarks  on  Crime. — Extract  from  Richard  Hooker. — English  punishments. — 
Punishments  in  old  Montreal. — Present  punishments  now  in  vogue. — 
Description  of  Branding  on  the  Hand. — The  Pillory. — The  Stocks. —  Cat- 
of  nine-tails — Sir.  J.  Mcintosh's  quotation. 

CHAPTER  11. 

The  old  Gaol  in  Jacques  Cartier  Square. — Food,  &c.  iu  the  new  Gaol  in  1837. — 
Boiled  beef  of  the  present  day. — The  administration  of  justice  in  1831. — 
Names  of  Judges  and  their  officials. — List  of  all  the  Advocates  in  Mont- 
real in  1831,  and  remarks. — List  of  ^11  the  Notaries  in  1831,  and  remarks. 
Militia  of  1831. — List  of  all  the  Battalions  of  the  Islrnd  of  Montreal,  with 
the  names  of  the  officers  of  each  corps,  and  district  of  organization,  ac 

CHAPTER  111. 

Condition  of  Lower  Canada  in  1832-33  and  34. — Remarks  on  Papineau. — Indig- 
nation meetings. — Death  of  William  IVth. — Accession  of  Queen  Vic- 
toria.— Great  gathering  of  Patriots  at  St.  Charles.  British  Troops. — Tri- 
color flag  displayed  at  St.  Hyacinthe.— The  Sons  of  Liberty. — Meeting  of 
Royalists  in  Montreal — Montreal  Magistrates. — A  furious  mob  and  riot. 
— The  1st  Royal  Regiment. — Destruction  of  the  "  Vindicator"  office.— 
T.  S.  Brown. — Organization  at  St.  Charles. — Warrants  issued. — Arrest 
of  Messrs.  Davigiion  and  Demaray. — Their  escape. — Col  Gore  and  Troops 
at  Sorel.— Their  march  to  St.  Denis — Fight  and  return  to  Montreal. 

CHAPTER  IV. 

The  Late  Sheriff"  Leblanc— ('hief  Jiistice  Sir  Louis  H.  Lafontaine,  Bart— Col. 
Wetherall.— Battle  of  St.  Charles.— Mr.  Brown's  fell  from  his  horse.— 
Success  of  the  Tro<^.— Adventures  of  Mr.  Brown  &c.— Mr.  Papineau's 
meeting  with  his  father  at  Saratoga.— Col.  Wetherall's  rewards.— Ins- 


VI  CONTENTS 


cription  on  the  plate  given  to  him  by  the  loyal  inhabitants  of  the  District 
of  Montreal. — St.  Denis. — St.  Hyacinthe. — Martial  Law. — Troops  from 
Halifax  and  New- Brunswick  arrive  at  Quebec. — Offers  of  assistance. — 
Col.  Dyde. — Close  of  the  Rebellion  south  side  of  the  St.  Lawrence. 

CHAPTER  V. 

Sir  George  Cartier,  Bart. — Dr.  Wolfred  Nelson. — R.  A.  R.  Hubert. — J.  A' 
Labadie. — D.  B.  Viger. — Sir  John  Colbome  and  the  troops  march  to  St. 
Eustache. — Death  of  Girord,  the  Leader. — St.  Benoit. — Rising  on  the 
South  shore  of  St.  Lawrence. — Dr.  Robert  Nel?on. — Caughnawaga. — 
Chateauguay. — Beauhamois. — Odeltown. — Lacolle  engagement. — Names 
of  prisoners. — Execution  of  two  patriots  in  Montreal  gaol. — Benjamin 
Mott  the  last  Patriot  condemned  to  death. 

CHAPTER  VL 

Records  from  the  State  Trials. — Names  of  members  of  Court  Martial. — Lists  of 
Patriots  condemned  to  death. 

CHAPTER  VII. 

Sketches  of  Papiueau  the  Elder. — Louis  Joseph  Papineau. — T.  S.  Brown. — Dr. 
W.  Nelson.— Dr.  O'Callaghan.— Dr.  Coates.—S.  M.  Bouchette.-J .  J. 
Girouard.— 4.  B.  Dumouchel. — Girord. — L.  M,  Viger. — Come  S.  Cher- 
rier. — A.  N.  Morin. — E.  R.  Fabre. — Dr.  Masson.— P.  Amiot.— S.  Mar- 
chesseault. — Les  Pacaud. — Bonaventure  Viger. — Andre  Ouimet. — Cap- 
tain Jalbert. 

CHAPTER  VIII. 

Fraser's  sketch  of  the  mustering  of  1837 . — March  of  the  volunteers  to  Lachine, 
Sunday  4th  November  1838 .  — Seizure  of  the  Steamer  Henry  Brougham . 
— Parley  with  the  Indians  at  Caughnawaga — Arrival  at  Lachine. — 
March  to  the  Gaol. — Return  to  Lachine. 

CHAPTER  IX. 

Last  days  and  hours  in  the  Prison  of  Montreal  of  Cardinal,  Duquette,  Robert, 
Hamelin,  the  two  Sanguinets,  Decoigne,  Narbonne,  Nicolas,  Daunais, 
Hindelang  and  DeLorimier. 

CHAPTER  X. 

Col.  Gugy. — Louis  Fr6chette. — Letter  of  Dr  Wolfred  Nelson. — Names  of  per- 
sons incarcerated  in  the  Montreal  Gaol  as  political  offenders  in  1837. — 
Copy  of  commitment  of  the  late  Sherifi"  Leblaac. — Order  of  Sheriff  St. 
Ours. — C.  S.  Cherrier. — Copy  of  deposition  of  Thos.  Wood. — Arrest  of 
Jalbert,  for  the  murder  of  Lieut.  Weir. — Copy  of  arrest  of  Dr.  Wolfred 
Nelson. — Order  anent  letter  writing  by  the  prisoners, — Order  of  A.  Du- 
uhainay,  Dep.  Sheriff. 


CONTENTS  iiv 


CHAPTER  XI. 

Names  and  Commitments  of  Patriots  1338, — ^Warrant  of  F.  Nicholas. — Messire 
A.  M.  Blanchette. — Copy  of  Discharges  by  the  Sheriff. 

CHAPTER  XII. 

Continuation  of  Commitments  and  Discharges  in  1839 . 

CHAPTER  XIII. 

Complete  list  of  all  those  who  were  committed  to  Prison  from  the  1st  November 
1838  to  the  last  commitment  for  High  Treason  October  26th  1839 .  List  of 
English  names  of  those  committed  for  High  Treason. 

CHAPTER  XIV. 

Burning  of  the  Parliament  House. — Excitement. — Messrs.  Mack,  Ferrid&c. — 
The  Riot  by  an  eyewitness. — Colonel  Gugy. — Mr. Powell  M.  P.  for  Carl 
ton. — Quebec  Mercury  of  1835. — Copy  of  commitment  of  Mock  and  Ferris 
&c . — Discharge  of  those  suspected  of  arson . 

CHAPTER  XV. 

St.  Alban's  Raid. — Names  of  the  Raiders. — Trial  of  the  same. — Last  remarks 
of  Judge  Smith. — Return  of  Louis  Payette,  Gaoler. — Extny:ts  from  tke 
speeches  of  Mr.  Kerr,  Hon'ble  Mr.  Lafiamme,  Mr.  Strachau  Bethume, 
Judge  Johnson  and  Hon'ble  J.  J.  C.  Abbott. 

CHAPTER  XVI. 

Fenian  Invasion  1866.— Pigeon  Hill.— Fenian  Rumors  1870— Muir  s  Cavalry 
and  Chamberlain's  Missisquoi  forces,  26tb  May. — The  Fenians  acrom 
'  the  border. — 60th  at  Stanbridge. — Cook's  Comers. 

CHAPTER  XVII. 

Charles  Alexander  and  the  Female  Prison. — Revds.  Mr.  Huberdeau  and 
Arrow.— Building  of  the  Jail. — Prison  Inspectors. — Extracts  from 
Reports. — Concluding  Remarks. 

f  CHAPTER  XVIll. 

Chronoiogi<;al  digest  of  the  principal  events  from  A.  D.  1785  to  A.  D.  1789 
from  tlie  Record  of  the  Commissioners'  Court — Extracts  from  the 
Record  of  the  Court  of  Quarter  Sessions  from  its  commencement  in  A.  I>,. 
1784  to  A.  D.  1810.— Extracts  from  the  Record  of  Court  of  King'B 
Bench  from  A.  D.  1802  when  it  began  to  A.  D.  1803,  and  from  A.  D. 
1812  to  1886. 


NOTK 


Notwithstanding  all  the  care  bestowed  in  the  correction  of  the 
proofs  by  the  Author  a  few  typographical  errors  have  crept  into  the 
work  after  it  left  his  hands  for  which  he  now  craves  the  indulgence 
«f  his  readers.     They  are  easily  noticed  as  in 

Page    3S   Contents,  for  Girard  read  Girord. 
"      50  2nd  last  line,  for  bailde  read  bailed. 
"    104  last  line,  for  mentionned  read  mentioned. 
*^    173   2nd  line,  for  gieve  read  give. 
"      "     7th  line,  for  O'Callaher  read  (JCalla^n. 
"    232   13th  line,  for  not  be  illtreated  read  be  illtreated- 
^'    234  4th  line,  for  1876  rcorf  1786. 

27th  line,  for  appered  read  appeared. 
20th  line,  for  larcery  read  larceny- 


173 

u 

232 
234 
235 
256 


HISTORY  OP  THE  MONTREAL  PRISON 


CHAPTER  I. 


eJemarks  on  Crime. — Extract  from  Richard  Ilooicer.  —  English  punish- 
ments.—Punishments  in  old  Montreal. — Present  punishments  now 
in  vogue. — Description  of  Branding  on  the  Hand. — The  Pillory.  —The 
Stocks.-  -Cat-of-nine-tails  — Sir  J.  Mcintosh's  ifuotation. 

"  The  quality  of  Mebcv  is  not  strained,  etc, " 

Shakespeare. 

When  we  look  back  on  what  was  the  condition  of 
Prison  life  at  the  commencement  of  this  century  and 
when  Mr8.  Fry  and  other  Philanthropists  endeavored 
to  ameliorate  the  wretched  state  of  those  who  were 
confined  in  Gaols  and  Penitentiaries — and  now  look 
at  the  condition  of  all  such  places  of  punishment  and 
reformation — the  difference  is  indeed  wonderful.  And 
when  we  come  to  our  own  city  of  Montreal  and  take 
the  statistics  of  crime  and  immorality  for  many  years 
past  we  see  the  sure  decrease  of  all  such  crimes  from  the 
«fr>rts  of  the  various  Christian  and  Benevolent  Asso- 
ciations of  w^hich  our  city  is  justly  so  proud.  Yet 
nevertheless  in  this  age  of  Christian  philanthropy  I 
doubt  not  but  that  harsh  measures  should  be  some- 
times adopted  for  those  who  are  utterly  abandoned,  if 
such  really  can  be  found.    For  certain  crimes  agaiugt 


HISrOKY  OF  THE 


the  person  severe  treatment  should  be  administered, 
as  in  desperate  deseases,desperate  measures  are  resorted 
to  by  the  Physician — thus  in  crime — flagrant  and  dis- 
gusiing  offences  against  morality  and  decency  should 
be  so  treated  that  the  delinquents  would  remember  for 
all  time  to  come  that  reapplication  of  such  punish- 
ment would  inevitably  follow  the  commission  of 
that  crime  for  which  they  formerly  underwent  it.  But, 
still  the  sage  words  of  "  Richard  Hooker"  must  be 
applicable  not  only  to  prisons  and  their  inmates  but  to 
all  places  where  large  bodies  of  men  and  women  are 
found  under  constituted  authority.  "  The  time  will 
come  when  a  few  words  spoken  in  Meekness  and 
Humility  and  Love,  shall  be  more  acceptable  than 
volumes  of  controversy  which  commonly  destroy  Char- 
ity the  very  best  part  of  True  Religion.  " 

We  all  know  that  the  prevention  of  crime  is  a  result 
for  which  no  true  lover  of  his  country  would  deem 
any  effort  too  great,  or  any  sacrifice  too  costly.  And 
many  noble  men  and  women  have  worked  all  their 
lives  for  its  decrease.  Rapid  indeed  are  the  strides 
which  Christian  Charity  has  made  within  this  century. 
Yet  all  will  be  in  vain  if  prisoners  are  not  fully 
employed  both  mentally  and  physically  in  useful  avoc- 
ations whilst  undergoing  their  sentences. 

In  England  there  are  two  punishments  in  vogue. 
The  treadmill  and  solitary  confinement.  During  the 
first  thirty  or  thirty-five  years  of  this  century,  in  Mont- 
real, the  punishments  were  Branding  on  the  Hand^ 
Standing  in  and  on  the  Pillory,  Whipping  or  Lashing, 
Hanging  and  the  minor  means  of  carrying  out  the  law. 
Jn  the  present  rules  and  regulations,  the  punishments 


MONTREAL  PRISON 


2irQfor  breaches  of  prison  discipline  ;  1st  The  hard  bed 
"  with  proper  covering  "  for  an  indefinite  time  ;  2nd 
Bread  and  water  for  a  period  of  not  more  than  five  conse- 
cutive days  ;  3rd  The  dark  cell  and  4tli  The  chain. 

These  punishments  as  we  have  said  are  for  refrac- 
tory and  disobedient  prisoners  in  the  jail,  but  are 
never  resorted  to  as  such,  by  the  judges  of  the  Court 
of  Queen's  Bench  m  their  criminal  sentences.  Thosg 
two,ot  the  first  part  of  this  century,  viz :  Branding  and 
Pillory,  have  passed  away,  and  Hanging,  for  Forgery, 
Burglary,  Larceny,  Uttering  base  coin  and  such  like,  by 
the  troubles  of  1837-38,  have  been  abrogated  for  other 
punishments  and  capital  execution  alone  is  awarded 
now  for  the  crime  of  Murder  and  in  some  instances. 
High  Treason,  as  during  the  troubles  of  1837-38  and 
the  recent  uprising  in  the  North  West. 

Branding  v  as  an  inhuman  act,  unworthy  of  a  Christ- 
ian country  and  whether  as  still  kept  up  in  the  British 
Army  for  desertion.or  resorted  to  in  prisons, was  and  is 
a  brutal  act.  In  these  olden  times  Branding  on  the  hand 
was  given  by  the  judges,  as  a  punishment.  Let  us  for 
a  moment  see  what  this  branding  consists  of.  The 
prisoner  is  brought  into  the  dock  from  his  cell  in  the 
jail,  made  firm  by  an  iron  hand  at  the  back  of  the 
dock,  the  palm  part  being  open,  the  red  hot  iron, 
sometimes  ending  either  in  a  crown  or  some  other 
device,  is  held  ready  by  the  Common  Hangman  and 
the  punishment  is  inflicted  in  the  centre  of  the  hand. 
On  the  24th  August  1826,  a  man  of  the  name  of/.  Bou- 
chard, for  "  murder  "  was  reprieved  from  being  hanged, 
to  a  certain  period'in  jail  with  hard  labor,  and  as  the 
sentence  reads,  **  to  be  also  burned  in  the  hand.  "     The 


HISTORY  Of  THE 


instrument  is  ready  and  the  prisoner  is  informed  that  tha 
moment  it  touches  his  flesh,  he  can  repeat  as  fast  as  he 
can  these  words  in  French  Vive  le  Roi,  three  times 
and  at  the  end  of  the  third  repetition  the  punishment 
would  cease — or  similar  words  God  save  the  King  if  an 
English  prisoner — Even  in  the  short  space  of  time 
equivalent  to  saying  thrice  these  few  words,  the  red 
hot  iron  has  hissed  into  the  flesh  and  made  such  an 
indelible  mark  that  all  the  waters  of  the  deep  Atlantic 
could  not  efface  it. 

In  the  Military  Branding,  as  has  been  done  in 
the  Montreal  Jail,  the  prisoner  was  stamped  on  the 
breast  or  shoulder  with  either  a  D  for  deserter  or  with 
D  and  B  C  for  deserter  and  bad  conduct. 

The  Pillory  was  a  senseless  and  useless  punishment 
and  men  of  no  great  age  in  Montreal  still  remember 
the  punishment  of  the  pillory  and  many  old  drawings 
both  in  England  and  Canada  show  the  peculiarity  of 
it.  It  consisted  of  a  frame  of  wood  erected  on  posts* 
with  moveable  boards  and  holes,  through  which  holes 
were  put  the  head  and  hands  of  the  criminal  for 
punishment,  the  whole  turning  on  a  pivot  and  in  a 
circle,  hence  we  read  afterwards  of  the  sentence  in 
the  case  of  one  F.  Fournel  "passing  bad  half  French 
Crowns"— Dec.  1829 — where  he  is  condemned  to  •'  stand 
in  and  upon  the  pillory  during  one  hour," 

The  punishment  of  the  pillory  was  inflicted  in  the 
Market  Place  and  in  later  times  it  was  carried  out  at 
the  base  of  Nelson's  Monument,  the  culprit  facing  the 
River  and  Market.  The  Common  Hangman  attended 
to  pillory  punishments  and  with  a   whip  in  his   hand 


MONTREAL  PRISON 


when  the  wretch  wheeled  round  to  face  the  Monu- 
ment and  save  himself  from  the  shower  of  rotten  eggs 
and  perhaps  mud,  the  hangman  used  his  whip,  and 
made  the  culprit  wheel  round  on  the  moveable  pivot 
of  the  pillory.  After  an  hour  of  standing  in  the  con- 
strained position  of  the  pillory,  sometimes  the  effect  was 
disastrous  and  people  suffered  long  afterwards  from  its 
effects.  The  hangman  had  free  quarters  in  the  jail  and 
attended  to  Hanging,  Pillory  and  Whipping  punish- 
ments which  were  all  frequent  in  those  days. 

The  pillory  was  different  from  the  stocks.  We  read 
of  the  Apostle  St.  Paul  and  his  companion  Silas  in  the- 
Jail  of  Philippi  having  their  feet  made  fast  in  the 
stocks ;  also  King  David  says  of  Joseph  "  whose  feet 
they  hurt  in  the  stocks."  This  instrument  does 
not  exactly  figure  in  the  annals  of  Montreal.  It  con- 
sisted of  a  machine  of  two  pieces  of  timber  with  cut- 
out half  circular  holes  in  t^ach  board  which  when 
brought  to  stand  one  upon  the  other,  narrowise,  formed 
two  complete  holes  into  which  the  ankles  of  prisoners 
were  placed  so  that  locomotion  was  ^impossible.  Its 
substitute  is  seen  in  the  jail  and  consists  of  a  strong 
staple  driven  into  the  wall  of  the  dark  cell  and  a  chain 
attached  to  the  ring,  which,  fastened  to  the  prisoners 
ankles  prevents  him  moving  about  or  trying  to  escape. 

These  are  the  different  modes  of  punishment.  The 
"cat-of-nine-tails"  need  not  be  described  as  all  know 
what  it  is  and  if  it  were  applied  now  more  plentifully 
in  the  cases  of  wifebeating,criminal  assaults  on  females 
highway  robbery  and  garotting,  these  frequent 
cases,  which  come  under  our  notice  at  the  present  day, 
would  altogether  cease  or  become  fewer  and  fewer. 


6  HISTORY  01    THE. 


It  will  be  soen  in  every  punishment  of  whipping 
that  the  invarial  le  number  of  stripes  was  39,  This  w^as 
the  Jewish  number,  as  we  find  in  the  life  of  the  great 
Apostle  St-Paul,  when  he  enumerates  all  his  troubles 
and  trials  w^hich  he  had  undergone  for  the  cause  of  his 
Master,  In  his  2nd  Epistle  to  the  Corinthians,  he  tells 
us  in  verse  24th  "  of  the  Jews  five  times  receiv^ed  I  forty 
stripes  save  one,"  that  is  he  was  five  times  whipped 
receiving  each  time  89  lashes,  the  number  ordered  by 
the  Mosaic  law.  This  seems  to  have  been  the  law  in 
Montreal,  and  by  looking  at  the  different  crimes  for 
which  this  number  was  always  administered,  we  come 
to  the  conclusion  that  a  smaller  crime  received  the 
same  amount  as  one  more  flagrant  Those  who  were 
whipped  were  tied  to  the  cannon  we  now  see  at  Nelson's 
Monument  and  received  their  "cat''  in  the  sight  of  all 
the  people. 

Another  punishment  which  was  sometimes  resorted 
to,  for  "Petty  Larceny,"  was, when  standing  the  prisoner 
in  the  Pillory  for  an  hour,  to  have  for  quarter  of  the 
time  either  at  the  first  or  last  of  the  hour,or  before  he  was 
whipped,  if  that  was  his  punishment,  a  placard  put  on 
his  breast  and  in  large  letters  the  words  "  Stealing  " 
printed  thereon,  so  that  every  one  who  came  up  to  see 
the  punishment  could  know  the  crime. 

Every  one  will  acknowledge  that  the  office  of  a 
Gaol  Chaplain  is  a  responsible  and  important  one. 
Who  hears  such  confessions  like  what  he  hears,  who 
sees  crime  of  every  hue  as  he  does.  His  duties  bring 
him  there  continually  to  have  presented  before  him 
the  dark  side  of  human  nature.  He  has,  when  visit- 
ing the  prisoner,  to  move  in  an  atmosphere  of  crime. 


MONTREAL  Pt<ISOX  7 


He  has  to  encounter  the  dissatisfied,  the  desij^ning  and 
the  desperate.  There  is  more  truth,  nevertheless,  than 
poetry  in  the  saying  of  one  of  Cromwell's  old  soldiers 
"  Increase  Mather  "  when  he  says  :  "  I  have  found  more 
good  in  bad  people  and  more  bad  in  good  people  than 
ever  I  expected," — and  so  with  many  who  find  their 
way  to  prison. — "We  must  not  judge  all  alike.  Many  are 
brought  thither  by  circumstances  over  which,  perhaps, 
they  have  had  no  control,  and  hence  the  great  utility, 
as  we  all  know  and  have  found,  of  the  proper  classifi- 
cation of  those  confined*  in  any  large  Prison  or  Pen- 
itentiary. It  is,  indeed,  a  great  advance  when  we  can 
accomplish,  with  such  as  I  speak  of,  what  Madame  de 
Stael  says  :  '•  Forget  the  past  and  live  only  in  the  fu- 
ture." The  advice  is  easy  enough,  but  if  it  is  only  par- 
tially accomplished,  such  a  one  when  free,  begins  the 
world  anew,  and  under  Providence  succeeds. 

Within  the  walls  of  any  large  Gaol  or  PenitenUary 
are  gathered  together  a  melancholy  Tableau  of  the  lost, 
the  degraded  and  the  fallen.  Confined  therein  are  the 
forger,  the  burglar,  the  high-way  man,  the  coiner,  the 
0  drunkard  and  the  liomicide,  besides  political  ofienders. 
It  is  a  saddening  spectacle.  Those  who  boast  of  the 
dignity  of  man — of  man's  superiority  over  the  brute 
creation  —  of  the  lofty  aspirations  of  which  man  is 
capable,  of  the  "  inherent  nobleness  "  within  his  besom, 
of  human  nature  in  •'  its  glorious  and  heavenward  ten- 
dencies" should  pause  long  and  anxiously  over  this 
sad  picture  of  humanity.  Enter  one  of  these  institu- 
tions and  look  on  the  faces  of  those  around.  Some  seem 
8tolid,some  reckless  and  some  even  amused,  others  look 
hardened,  fierce  and  desperate.     Here  you  may  meet 


8  HISTORY  OF  rilK 


the  glance  of  stern  defiance  on  the  one  hand  and  the 
scowl  of  deeply  seated  malignity  on  the  other.     Many 
appear  sullen,  many  careless.     And  yet  once  in  the 
"  long,  long  ago,"  they  were  all  innocent.     Once  they 
could  all  raise  their  eyes  to  Heaven  with  a  calm  brow^ 
and  trustful  spirit.     Once  they  could  all  think  of  the 
past  without  shame,  and  of  the  future   without  fear^ 
Once   their    young   hearts    beat  high   and  their  early 
trainings  and  perhaps  musings    foreshadowed   a  long- 
career  of  usefulness  and  honor  I  But  when  looking  on 
them  there  the  visitor  must  remember  that  they  are  all 
partakers  of  one  Common  Humanity,  that  they,  as  well 
as  all  mankind,  good  or  bad,  are  the  Children  of  the 
same  Gtreat  Almighty  Father,  and  that  every  one 
must   at   last   lie    down    in   his    own     narrow   house- 
appointed  for  all   living.     The  first  sight  then  of  the- 
inmates  of  a  convict    prison,  to  one  unaccustomed  to- 
the  criminal  portion  of  the  community,  awakens  emo- 
tions of  mingled  sorrow,  pity  and  intense  moral  repugn 
nance,  and  so^  in  reading  the  History  of   Prisons,  of 
crime  and  immorality,  the  mind  loathes  or  shrinks  from 
the  idea  of  reading  on,  but  still  an  irresistible  feeling 
gains  possession  of  the  soul,  to  see  the  end.    The  pithy 
words  of  S«V  James  Macintosh,  the  eminent  philanthro-* 
pist,  endorse  this  sentiment  when  he  says:  —  "Those- 
most  conversant  vv^ith  the  History  of  mankind  will  have- 
no  difficulty  in  coming  to  this  conclu8ion,that  of  all  the 
convulsions  of  nature,  those  produced  by  the  conllictgi 
of  human  passions  are  the  saddest  to  gaze  upon." 


MONTREAL  PRISON  9 


CHAPTBE  il. 


Tbe  old  Gaol  in  Jacques  Cartier  8<]uare  —  Food,  Ac.  in  the  new  Gaol  in 
1837  —  Boiled  beef  of  tbe  present  day. —  Tbe  administralioD  of  jastice 
in  1831. — Names  of  Judges  and  their  officials. — liist  of  all  the  Advocates 
in  Montreal  in  1831,  and  remarks.—  List  ofall  the  Notaries  in  1831,  and 
remarks. — Militia  of  1831  — List  of  the  Battalions  of  tbe  Island  of  Mon- 
treal, with  the  names  of  the  officers  of  each  corps,  and  district  of  orga- 
nization,  Ac. 


I  will  now  begin  the  history  proper  of  the  Montreal 
Jail,  that  is,  of  the  present  building  so  called,  the  pre* 
Tions  buildings  are  mentioned  as  the  History  and  Digest 
proceed,  and  in  doing  so  will  avoid  all  and  every  thing 
that  can  canse  any  ill-feeling  and  regret  or  snch  like  in 
the  part  of  those  who  may  have  had  "  kith  and  kin  " 
within  its  walls  for  uome  political  offense  or  other  cause. 

It  lies  in  the  memory  of  yet  a  number  of  our  fellow- 
citizens  and  they  can  inform  you  that  the  public  gaol 
was  not  always  where  it  is  now  standing.  Previous  to 
the  erection  of  the  present  building  the  old  gaol 
stood  in  the  open  space  which  lies  between  the  Court 
House  and  the  City  Hall  Buildings  and  opposite  to 
Nelson's  Monument.  The  old  Guard  House  was  placed 
somewhere  about  the  present  Recorder's  position  in  the 
City  Hall  and  a  garden  where  the  Hall  is  now  built. 
In  these  olden  times,  at  the  commencement  of  the  pre- 
sent century,  and  at  the  close  of  the  eighteenth,  things 
were  done  differently  from  now,  as  regards  the  admi- 


iO  HISTORY  OF  THE 


nistration  of  justice.  The  whipping  post  was  in  existence 
in  these  days  there  being  no  mawkish  sentimentality 
about  its  use,  and  crimes*  which  now,  as  punishment,  re- 
ceive incarceration  for  a  longer  or  shorter  period,  then 
were  punished  a-^cording  to  their  demerit.     Fancy  the 
rapidity  of  carrying  out  the  law  in  these  early  days  of 
Montreal's  History.  For  instance,  at  the  Court  of  King's 
Bench  Wi  1803,  a  man  is  condemned  lor  "  murder"  to  be 
hanged,  he  was  sentenced  on  the  6th  of  the  month  and 
two  days  after  hanged,  and  his  body  given  over  for  ana- 
tomy.    Two  cases  of  "  petty  larceny  "  by  the  same  man, 
also  at  this  term,  are  punished  by  six  months  imprison- 
ment and  during  that  term  to  be  "  twice  placed  on  the 
pillory  and  twice  to  receive  39  lashes  on  his  bare  back." 
Some  of  the  more  flagrant  violations  of  both  civil  and 
moral  law  were  then  almost  unknown,  and  it  would 
materially  reduce  the  number  of  such  crimes  were  now- 
a-days  whipping  in  several  instances  to  be  enforced. 
Simple  incarceration  as  a  punishment  and  with  the  easy 
times  and  good  food  and  lodging  of  prisoners   every- 
where, only  tends  to  propagate  aad  increase  instead  of 
diminish  crime.  Every  prisoner  should  be  made  to  work 
as  much  daily,  as  would  pay  all  the  expense  of  his 
keeping  and  something  for  himself  when  he  leaves  the 
prison,  but  our  prison  regulations,  actually  in  some  ins- 
tances, afford  a  man  t*^  be  comfortably  housed  and  taken 
care  of  for  say  three  or  six  months,  and  that  both  spirit- 
ually and  temporally  and  no  hard  labor  required  of  him 
in  return,  nothing  but  simple   incarceration,   or  the 
taking  away  of  his  liberty  for  a  certain  specified  period. 

It  may  be  as  well  in  this  chapter  to  give  a  few  facts 
connected  with  the  administration  of  justice  previous 


MONTREAL  PRISON  11 

to  the  commencement  of  the  actual  History  of  the  Pri- 
son. In  the  year  following  the  building  of  the  present 
Gaol  (1837)  one  of  the  inmates  recording  what  their 
daily  food  and  fare  were,  tells  us  that,  especially  among 
those  gentlemen  who  experienced  the  prison  diet  and 
regulations,  the  effect  was  very  apparent  on  the  health 
and  spirits  of  the  prisoners.  All  the  food  that  prisoners 
then  received  w^as  "  one  and  a  half  pound  of  ^  read  daily 
with  one  gallon  of  water,"  the  cells  remain  the  same  at 
the  present  day  and  they  who  have  within  the  past  few 
years  experienced  the  same  as  the  patriots  of  1837-38 
did,  have  also  found  as  his  description  says :  "  Une 
cellule  ou  un  homme  pouvait  a  peine  se  retourner  quand 
il  etait  couche,"  but  the  latter  part  of  the  description  is 
now  done  away  with  when  he  says  ;  "  Point  de  lit  ni  de 
paillasse  pas  meme  une  couverture,"  as  every  prisoner 
now  enjoys  a  good  straw  bed  and  warm  coverings. 

No  wonder  the  gentlemen  who  were  incarcerated  dur- 
ing 1837-38  found  prison  life  hard  to  bear.  The  Grand 
Jury  in  April  1837  thus  speak  of  the  Jail  :  "They  also 
think  that  the  diet  might  be  altered,  it  being  at  pre- 
sent only  bread  and  water,  and  that  they  were  shocked 
to  see  the  destitute  state  of  some  of  the  prisoners,  ha- 
ving nothing  but  one  of  the  prison  blankets  w^rapped 
around  them." 

Often  has  the  Chaplain  seen  prisoners  bring  in  their 
boiled  beef  to  the  office  or  elsewhere  and  state  that "  they 
could  not  eat  it."  This  comes  of  the  present  system  of 
overfeeding  the  prisoners.  Whilst  the  building,  when 
opened,  entered  on  a  system  of  Biblical  Prison  fare  of 
bread  and  water  as  we  find  when  the  old  prophet  Jere- 


12  HISTORY  OF  THE 


miah  was  sent  to  the  dungeon,  it  in  all  probability  will 
end  with  a  diet  regulation  so  nutritious  and  plentiful 
that  if  our  honest  and  deserving  poor  throughout  the 
city  could  only  ^(^i  it  during  the  long  and  cold  days  of 
a  Canadian  winter  there  would  be  very  little  need  of 
Associated  Charities  or  National  Societies  in  their  bene- 
volent work  of  looking  after  the  poor  of  their  respective 
classes. 

The  administration  of  justice  for  the  District  of  Mont- 
real in  the  year  1831,  just  before  the  beginning  of  the 
agitation,  and  for  some  years  previous  to  1837-38,  was  in 
the  hands  of  gentlemen  of  approved  mental  ability  and 
of  great  legal  lore.  "We  find  that  the  chief  Justice 
was  the  Hon'ble  James  Reid,  whilst  the  Puisne  judges 
were  Hon'ble  G-eo.  Pyke,  Hon'ble  Norman  Uniacke  and 
the  Hon'ble  Jean  Roch  RoUand.  The  Sheriif  was  the 
Hon'ble  Louis  Grugy.  Deputy  Sheriff,  Francis  Perry, 
Coroner,  Jean  M.  Mondelet,  and  clerk  of  the  Crown, 
John  Delisle. 

The  joint  Prothonotary  were  Samuel  W.  Monk,  and 
Robert  L.  Monough,  the  Gaoler  being  Edward  Hol- 
land. 

In  the  year  1837  we  find  that  the  Sheriff  was  Mr  De 
Saint-Ours,  A.  M.  Delisle  was  clerk  of  the  Court,  Mr 
Wand  was  the  Gaoler  then  and  the  Doctor  of  the  Pri- 
son was  Dr.  Arnoldi. 

I  find  in  1831  the  following  gentlemen  as  Advocates 
in  Montreal,  names  many  of  whom  have  passed  away 
leaving  no  successor,  whilst  others  were  and  have  been 
intimately  connected  with  the  advance  of  Lower  Cana- 


MONTREAL  PRISON  13 

da,  now  the  Province  of  Qpiebec,  and  especially  the  City 
of  Montreal. 

Amongst  them  I  find  Stephen  Sewell,  K.  C,  David 
Boss,  K.  C,  Joseph  Bedard,  K.  C,  Hon'ble  Denis  B. 
Viger,  Janvier  D.  Lacroix,  B.  Beanbien,  F.  H.  Bender, 
Ant.  L.  Levesque,  Hon'ble  P.  D.  Debartzch,  Louis  M. 
Viger,  F.  A.  Quesnel,  Samuel  Gale,  John  Boston, 
Hon'ble  L.  J.  Papineau.  M.  O'SuUivan,  Hugues  Hejiey, 
Chas  R.  Ogden,  Sol.  G-enl.,  Alex's  Bourret,  James  C. 
Grant,  D.  B.  RoUin,  Samuel  W.  Monk,  Alex.  McMil- 
lan, Toussaint  Peltier,  Geo.  S.  Henshaw,  William  "Wal- 
ker, Peter  N.  Rossiter,  Alex.  Buchanan,  C.  C.  S.  De- 
Bleury,  D.  Mondelet,  Philippe  Bruneau,  Robt.  Mor- 
rough,  Hyp.  St.  George  Dupre,  C.  S.  Cherrier,  C.  J.  E. 
Mondelet,  Hypolite  Guy,  E.  A.  Clark,  J.  S.  McCord, 
Henry  Driscol,  Pierre  Bibaud,  Wm.  Badgley,  Frederick 
Griffin,  "Wm.  Ryan,  John  Stanley,  J.  H.  Johnson,  Da- 
niel Salmon,  John  Bleakly,  James  G.  Scott,  Francis  P. 
Terroux,  Duncan  Fisher,  Campbell  Sweeney,  Edward 
T.  Jones,  C.  D.  Day,  E.  E.  Rodier,  Arthur  Ross,  Levi 
Adams,  Thomas  Nye,  Thomas  Barron,  James  Smith, 
Augustin  N.  Morin,  P.  B.  T.  de  Montigny,  N.  C.  Radi- 
ger,  J.  M.  H.  Lennox,  Leon  Gosselin,  Pierre  Moreau, 
John  Sexton,  William  K.  McCord,  Louis  Hyp.  La- 
fontaine,  John  Usher,  Hugh  Taylor,  Robt.  Armour  and 
John  Pickel. 

When  reading  over  the  above  list,  how  many  of  these 
names  are  to  the  inhabitants  of  present  Montreal  as 
"  Household  Words."  We  see  the  origin  of  the  names 
of  many  streets  and  blocks  of  buildings  taken  from 
them,  but  above  all  how  many  bearing*  these  names  in 


.14  HISTORY  OF  THE 


after  years  sat  on  the  Bench  of  Lower  Canada  or  oc- 
cupied most  important  situations,  either  in  the  adminis- 
tration of  justice  or  in  the  political  arena  of  their  coun- 
try or  were  connected  with  the  troubles  of  1837-38, 
very  few  remain  at  the  present  day,  one  of  the  last 
being  C.  S.  Cherrier,  Q.  C,  who  died  not  long  ago. 

I  have  inserted  these  names  for  it  is  a  well  under- 
stood axiom  that  Court  Houses,  Jails  and  Peniten- 
tiaries cannot  exist  without  Advocates  and  Lawyers  and 
Law,  and  very  many  of  these  names  occur  in  the  His- 
tory of  the  Montreal  Jail,  either  as  political  offenders, 
or  as  advocates  to  prisoners  therein  contained  or  as 
Judges  and  other  functionaries  in  the  administration  of 
justice. 

The  notaries  of  1831,  residing  in  Montreal  were  Jo- 
seph Papineau,  Jean  M.  Mondelet,  Thomas  Barron, 
Louis  Guy,  Charles  Provost,  F.  X.  Dezery,  Nicolas  B. 
Doucet,  Louis  H.  Latour,  Chas  Huot,  Henry  Griffin, 
Thos  Bedouin,  Andr6  Jobin,  Charles  Deseve,  Peter  Lu- 
kin,  Pierre  Ritchot,  Genereux  Peltier,  P.  E.  Leclerc, 
Joseph  A.  Labadie,  "Wm  N.  Crawford,  Louis  Marteau, 
George  D,  Arnoldi,  Joseph  Guy,  Etienne  Guy,  Cheva- 
lier de  Lorimier,  Zepherin  J.  Truteau,  Joseph  Belle, 
James  Grant  and  Joseph  D.  Vallee, 

Again  in  this  list  we  see  many  who  have  left  their 
names  in  streets  etc.  in  Montreal  or  who  figured  in  the 
troubles  of  1837-38  or  on  the  checkered  board  of  Cana- 
dian History.  Very  few  remain  in  their  descendant'^ 
fulfilling  the  same  profession  as  their  fathers  or  grand- 
fathers. The  most  remarkable  instance  of  exception 
being  that  of  the  Labadie  family  who  before  the  grand- 


MONTREAL  PRISON  'd5 

father  died  not  long  since  consisted  of  three  generations 
of  notaries,  grand-father,  father  and  sons  all  in  ihe  same 

office  on  St.  Lambert  Hill. 

t 

As  the  militia  played  an  important  part  in  the  trou- 
bles of  1837-38  I  will  finish  this  chapter  with  a  short 
•  sketch  of  the  militia  of  the  Island  of  Montreal.  It  will 
be  interesting  to  our  present  volunteers  and  one  can 
see  how  many  French  names  are  enrolled  as  officers 
belonging  to  the  corps.  • 

The  militia  of  the  City  and  County  of  Montreal 
formed  one  corps  consisting  of  eight  battalions  of  Infan- 
try, two  Troops  of  Volunteer  Cavalry,  two  comj^anies  of 
Artillery  and  two  companies  of  Rifles.  The  first  Batta- 
lion of  Infantry  was  composed  of  those  residing  within 
the  Faubourg  Ste.  Marie,  the  division  of  Ste.  Marie  and 
St.  Martin  and  the  division  of  La  Visitation,  county 
district  and  was  commanded  by  Lieut.  Col.  the  Hon'ble 
Charles  Grant,  the  Majors  being  Benjamin  Beaubien 
and  Michael  O'Sullivan.  The  Col.  Commandant  of  all 
was  Louis  G-uy. 

The  2nd  Battalion  consisted  of  all  those  included  in 
the  centre  of  St.  Joseph  street,  Dalhousie  Square,  the 
River  and  Commissioners  St.,  Craig  to  Sanguinet  St., 
then  to  St.  Louis  St.,  also  the  Faubour/j-  St.  Louis  and 
Si.  Michel  in  the  county.  Lieut.-Col.  The  Hon.  Louis 
Gugy  ;  Majors  SamueJ  Gerrard  and  Janvier  D.  Lacroix. 

The  3rd  Battalion  consisted  of  all  between  St.  Joseph 
to  McGill  Sts.,  Craig  St.,  the  River,  les  Sceurs  Grises,  la 
Pointe  k  Callieres  and  the  division  of  the  Tanneries, 


16  HISTORY  OF  THE 


county  district.    Lieut.-Col.  J.  Bouthillier,  Majors  Pierre 
De  Rocheblave  and  L.  J.  Papineau. 

The  4th  Battalion  consisted  of  all  the  suburb  SI.  Law- 
rence, generally  called  "  Grrande  Rue  of  the  suburb  of 
St.  Laurent, "  as  far  as  Sanguinet  St.  and  the  division 
of  Ste  Catherine  and  that  of  Cote  Notre-Dame  des  • 
Neiges,  of  the  county  district.  Lieut.-Col.  the  Hon. 
Toussaint  Pothier,  Majors  Fred.  Aug.  Qaesnel  and  Jos* 
Shuter.  . 

The  5th  Battalion  consisted  of  all  within  the  west 
part  of  St.  Lawrence  suburb,  the  suburb  of  St.  Antoine 
and  the  divisions  of  St.  Antoine  and  St.  Luc  in  the 
county^istrict.  Lieut.-Col.  R.  Herneux,  Majors  F,  A. 
Larocque  and  Austin  Cuvillier. 

The  6th  Battalion  consisted  of  all  residing  in  the 
suburbs  of  St.  Joss  ph  and  St.  Ann,  the  division  St.  Pierre, 
St.  Paul  and  Island  St,  Paul,  of  the  county  district* 
Lieut.-Col.  John  Jones,  Majors  John  Molson  and  L.  M. 
Viger. 

The  'Tth  Battalion  consisted  o  nil  residing  within 
the  parishes  of  Lachine,  Pointe-Claire,  Ste.  Anne  and 
Ste  G-enevieve.  Lieut.-Col.  J.  M.  Mondelet,  Majors  Do- 
minique Mondelet  and  Alexis  Berthelot. 

The  8th  Battalion  consisted  of  all  residing  in  the  par- 
ishes 01  L^ngue-Pointe,  Pointe  aux  Trembles,  la  Riviere 
des  Prairies,  Sault  au  R6collet  anH  St.  Laurent.  Lieat.- 
Col.  Jacques  Yiger,  Majors  John  Delisle  and  Hypolite  St. 
George  Dupr^. 

Lieut.-Col.  The  Hon.  John  Forsyth  commanded  the 


MONTREAL  PRISON 


17 


volunteer  militia,  the  Majors  being  .George  Gregory 
^cavalry),  John  S.  McCord  (rifles),  and  Peter  McGill 
(artillery). 

Thus  having  given  the  names  and  occnpations  of  the 
principal  people  connected  with  this  History  previous 
to  the  building  of  the  present  Montreal  Jail,  I  will  now 
commence  the  History  proper  with  a  short  account  of  the 
condition  of  Lower  Canada  in  the  years  previous  to  the 
outbreak. 


18  HISTORY  OF  THE 


CHAPTER  III. 


Condition  of  Lower  Canada  in  1882-33  and  34. —  Remarlcs  on  Papi. 
neau. —  Indignation  meentings.— Death  of  William  IVth,—  Accession 
of  Queen  Victoria. — Great  gathering  of  Patriots  at  St.  Charles.  — Bri- 
tish Troops. —  Tricolor  flag  displayed  at  St.  Hyacinlhe  —  The  sons  or 
Liberty. — Meeting  of  Royalists  in  Montreal. — Montreal  Magistrates  — A 
furious  mob  and  riot. —  The  1st  Royal  Regiment.— Destruction  of  the 
"Vindicator"  office. —  T.S.Brown. —  Organization  at  St  Charles. — 
Warrants  issued. — Arrest  of  Messrs.  Davignon  and  Demaray. — Thei"" 
escape. —  Col  Gore  and  Troops  at  Sorel.—  Their  march  to  St.  Denis. — 
Fight  and  return  to  Montreal. 


"  Oh !  think  what  anxious  moments  pass  between 
"  The  birth  of  plots  and  their  last  fatal  periods, 
"  Oh !  'tis  a  dreadful  interval  of  time 
•'  Made  up  of  horror  all  and  big  with  death . " 

Addison. 


To  carry  on  a  succinct  account  of  the  History  of  the 
Montreal  Gaol,  we  must  revert  for  a  little  to  the  histo- 
ry of  the  Province  and  the  eventful  transactions  which 
are  found  on  record  during  the  troublous  period  of  the 
RebeUion  of  1837-38,  and  explain  shortly,  the  affairs 
of  Lower  Canada  which  happened  before  and  led  to 
the  outbreak. 

In  the  Assembly  of  Lower  Canada  there  was  a  French 
Canadian,  Lours  Joseph  Papineau  by  name,  who  was 
the  most  violent  opposant  of  the  government.  Wherever 
Papineau  had  the  opportunity  he  boldly  denounced 
Lord  Dalhousie  as  a  man  utterly  unworthy  of  public 
confidence.  For  some  years  a  bad  feeling  had  been  en- 


MONTREAL  PRISON  19 

gendered  in  the  Assembly  among  its  members  and  in 
1832,  1833  and  1834  the  discord  and  excitement  were 
continuously  maintained  and  at  last  the  state  pf  the 
Province  became  alarming.  • 

I  cannot  but  insert  here  the  following  quotation  from 
the  pen  of  one  of  Canada's  clever  writers  (Lemoine) 
where  he  says : 

"We  can  ourselves  well  remember  the  time,  when  to 
the  excited  vision  of  one  of  British  descent,  all  that  was 
vile,  unprincipled,  treasonable  and  wicked  might  be 
summed  up  in  the  one  word,  Papineau.  Then,  indeed, 
the  eloquent  leader  of  the  Canadian  Commons,  could, 
like  the  great  agitator,  O'Connell,  have  boasted  that  he 
was  the  best  abusad  man  in  the  country.  A  superla- 
tively loyal  French  song  of  the  period,after  enumerating 
the  calamities  of  very  hue,  which  could  be  charged  to 
the  arch-agitator,  without  forgetting  cholera-morbus, 
earthquakes  and  the  potatoe  rot,  concluded  each  stanza 
with  the  well  remembered  words  :  '*  Cest  la  faute  d 
Papineau^ 

=  A  dreaded  monster  was  he,  this  same  Louis  Joseph, 
in  the  eyes  of  superlatively  loyal  men. 

But  peace  to  Louis  Joseph's  ashes  !  may  they  conti- 
nue to  rest  where  some  loving  hands  have  placed  them 
on  the  24th  Sept.  1871,  at  Monte-Bello,  his  own  beaut- 
iful seat,  on  the  green  banks  of  the  Ottawa.  Peace  to 
his  memory !  he  is  now  before  a  higher  tribunal,  to 
answer  for  his  dee^  in  the  flesh. " 

J^uch  was  the  state  of  affairs  when  Lord  Gosford  afi 


20  HISTORY  OF  THE 


governor- in-chief,  and  two  other  gentlemen  were  sent 
out  from  England  to  endeavor  to  settle  the  troubled 
affairs  of  the  Province.  This  commission  reported  at 
great  length.  TVo  of  them  Sir  Charles  G-rey  and  Sir 
George  Gipps  returned  to  England  while  Earl  Gosford 
remained  in  Canada. 

In  the  Imperial  Parliament  the  affairs  of  Canada 
were  discussed  and  resolutions  were  passed  which  vir- 
tually suspended  the  Canadian  Constitution  of  1791. 
"When  the  news  reached  this  country  in  the  middle  of 
April  1837,  the  opposants  of  the  government  determined 
to  observe  their  duties  as  loyal  subjects  no  longer. 
Indignation  meetings  under  the  leadership  of  Louis  J. 
Papineau  and  Dr.  Wolfred  Nelson  were  held.  Great 
Britain  was  denounced  and  measures  openly  proposed 
for  the  establishing  of  a  Republic  and  if  necessary  by 
force  of  arms.  All  who  sided  with  these  two,  styled 
themselves  "  Patriots,  "  and  by  their  inflammatory 
speeches  created  quite  a  panic  among  the  loyal  inhabi- 
tants. Almost  immediately  after,  several  outrages  were 
committed  and  the  Province  was  plunged  into  all  the 
horrors  of  a  civil  war. 

On  the  twentieth  day  of  June  1837,  King  William 
lYth  of  Great  Britain  and  Ireland  died  and  was  succeed- 
ed by  Her  Most  Gracious  Majesty,  Queen  Victoria,  the 
same  day.  According  to  the  custom,  the  Boman  Catholic 
clergy  throughout  the  counties  round  Montreal,  and 
elsewhere,  and  in  all  the  parish  churches  celebrated 
Her  Majesty's  accession  to  the  British  Throne.  This 
was  thought  a  good  opportunity  for  the  disloyal  and 
seditious  of  the  different  congregations  to  turn  to  ac- 


MONTREAL  PRISON  21 

count  their  opposition  to  the  youthfal  Sovereign  and  of 
showing  their  true  colors  and  sentiments.  In  a  great 
number  of  churches  many  rose  from  their  pews  and 
left,  refusing  to  sanction  by  their  presence,  the  chan- 
ting of  the  beautiful  "  Te  Deum  "  in  honor  of  the  new 
Sovereign  or  commingling  with  the  rest  of  the  wor- 
shippers in  the  prayers  for  the  Queen  and  Royal  Family. ' 

This  decisive  mark  of  the  influence  which  the 
agitators  had  contrived  to  obtain  over  the  minds  of  the 
inhabitants  was  followed  by  the  adoption  of  treason- 
able utterances  and  resolutions  expresed  on  the  20th 
October,  when  avast  gathering  of  the  malcontents  was 
held  at  a  place  called  St.  Charles,  situated  on  the  banks 
of  the  beautiful  river  Eichelieu,  which  from  Lake  Cham- 
plain  in  the  United  States  flows  northward  and  joins 
the  St.  Lawrence  at  the  town  of  "William-Henry,  now 
called  Sorel.  "  At  this  meeting  the  speakers  pretended 
to  pity  the  soldiers  of  Britain  or  as  they  said  "  the  un- 
happy lot  of  the  soldieis  "  and  every  one  of  them  re- 
commended desertion  from  the  British  ranks,"  but  as 
Br.  Miles  states  incorrectly  "  not  one  single  soldier  de- 
serted his  Queen  and  country  during  the  troubles  of 
1837-38." 

The  ••  Cap  of  Liberty  "  in  imitation  of  the  revolution- 
ists of  France,  was  raised  on  a  pole  and  a  solemn  oath 
taken  under  it  that  each  one  would  be  faitbful  to  ^he 
principles  of  which  it  was  emblematical.  All  allegiance 
to  the  British  crown  and  every  pretence  to  it  were 
then  and  there  thrown  oS"  and  discarded,  and  a  deter- 
mination evinced  by  every  one  to  take  the  management 
of  public  affairs  and  the  reins  of  government  into  their 


22  HISTORY  OF  THE 


own  hands.  This  celebrated  meeting  was  attended  by 
the  Speaker  of  the  House,  L.  J.  Papineau  himself.and  by  ' 
no  less  than  twelve  members  of  the  House  of  Assem- 
bly, and  no  time  was  lost  by  the  chosen  leaders  in 
carrying  their  treasonable  part  of  the  resolutions,  then 
passed  into  eflfect.  Bands  of  enraged  and  armed  men 
marched  forth,  spreading  fear  and  consternation  among 
the  peaceable  inhabitants  of  the  country,  threatening 
them  with  the  loss  of  life  or  liberty  or  property  if 
they  did  not  ijnmediately  acquiesce  in  their  rebellious 
views  and  projects.  Justices  of  the  peace  and  officers 
of  the  militia  were  in  many  cases  compelled  to  resign 
their  commissions  and  many  took  refuge  in  Montreal. 

Previous  to  this  grand  meeting  at  St.  Charles,  public 
meetings  had  been  held  in  the  fall  of  1837,  in  almost 
every  county  and  parish  of  the  province,  but  especially 
in  the  district  of  Montreal.  At  these  meetings  the 
people  were  harranged  by  the  leading  members  of  the 
Assembly,  in  the  most  inflammatory  language,  going  so 
far  as  to  repudiate  the  authority  of  Parliament,  and 
deny  the  obligations  of  the  laws.  ♦  At  one.  time  the  tri' 
colored  flag  was  openly  displayed  for  several  days  at 
St.  Hyacinthe  and  also  in  the  neighbourhood  of  St. 
Charles  and  St.  Denis.  At  a  large  meeting  held  in  the 
latter  pla3e,  one  of  the  speakers  actually  warned  the 
people  to  be  ready  to  arm  themselves,  and  some  of  the 
tavern-keepers  substituted  an  eagle  in  place  of  their 
usual  signs.  The  whole  idea  was  to  set  up  a  Canadian 
Republic  on  the  basis  of  that  of  the  United  States.  The 
'•  Sons  of  Liberty,"  as  several  of  the  Associations  called 
themselves,  issued  a  manifesto  styled  "An  address  io  the 
young  men  of  the  North  American  Colonies."    In  this 


MONTREAL  PRISON  23 


document  they  openly  avowed  sentiments  of  the  most 
dangerous  tendency.  Every  method  was  put  in  force 
lo  circulate  these  sentiments,  drilling  took  place  openly 
even  on  Sundays,  and  other  holidays,  armed  bands 
paraded  the  streets  of  Montreal  during  the  darkness  and 
silence  of  the  night,  the  tricolored  flag  was  hoisted  and 
the  peaceable  inhabitants  of  the  city  felt  themselves 
insecure  if  they  ventured  out  unarmed  after  the  day 
had  closed. 

On  the  same  day  that  the  grand  demonstration  was 
held  at  St.  Charles,  a  meeting  of  the  loyal  and  consti- 
tutional inhabitants  of  Montreal  took  place  for  the 
"  maintenance  of  good  order,  the  protection  of  life  and 
property  and  the  connection  now  happily  existing  be- 
tween this  Colony  and  the  United  Kingdom  at  present 
put  in  jeopardy  by  the  machinations  of  a  disorganizing 
and  revolutionary  faction  within  this  Province."  Troops 
were  sent  for  both  from  Nova  Scotia  and  Upper  Canada. 
The  Attorney  General  arrived  from  Quebec  for  the 
purpose  of  directing  measures  and  dealing  according  to 
law  with  certain  individuals  and  foreign  military  offi- 
cers who  had,  been  introduced  into  the  Province  for 
the  purpose  of  giving  aid  to  the  insurgents. 

The  magistrates  of  Montreal  having  received  infor- 
mation on  the  5th  of  November,  that  numerous  bodies 
of  men,  of  different  parties  intended  on  the  following 
day  to  parade  the  streets  of  the  city,  immediately  issued 
a  proclamation  to  prohibit  Luch  a  measure.  This  was 
on  Sunday  that  the  information  was  conveyed  to  them 
and  on  Monday  the  Gth,  persons  were  anxiously  en- 
quiring as  to  the  motions  and  intentions  of  the  two  dif- 


24  HISTORY  OF  THE 


ferent  parties,  and  about  2  o'clock  it  was  well  known 
that  a  considerable  body  of  men,  known  by  the  name 
of  the  "  Sons  of  Liberty,"  Fih  de  la  Liberti,  had  assem- 
bled in  an  enclosed  yard,  near  St.  James  street,  although 
some  of  their  leaders  had  pledged  themselves  to  the 
mt^strates  that  no  procession  should  that  day  take 
place.  However  nearly  three  hundred  men  sallied 
forth,  armed  with  bludgeons,  pistols  and  every  other 
weapon  they  could  procure  and  made  a  furious  and  in- 
discriminate attack  on  all  that  fell  on  their  way.  In  a 
short  time  they  had  full  possession  of  the  street,  breaking 
the  windows  and  threatening  all  kinds  of  other  mischief. 
The  Constitutionalists  were  soon  aroused  and  attacking 
the  riotous  assemblage  soon  dispersed  it,  but  they  were 
far  from  satisfied  with  this  success.  About  6  o'clock 
the  Riot  Act  was  read  and  the  military  then  stationed, 
in  Montreal  were  called  out.  A  large  party  of  the  Cons- 
titutionalists or  Loyal  Party  were  met  with  by  the  Royal 
Regiment  in  front  of  Papineau's  house,  but  happily  ex- 
planations ensued  and  cheering  the  gallant  regiment 
they  accompani^  it  to  the  Champ  de  Mars,  where  it 
was  ordered  to  take  post  and  stand  in  readiness  for  any 
emergency.  One  company  of  the  regiment  was  stationed 
in  St.  Denis  street  near  the  Bishop's  Church  where 
the  officer  in  command  received  from  the  loyalists,  a 
seven-barreled  gun,  two  other  guns,  as  word  and  a  ban- 
ner of  the  "  Sons  of  Liberty "  which  Jhad  been  taken 
from  a  house  in  Dorchester  Street  where  the  malcon- 
tents were  in  the  habit  of  meeting  for  drill.  After  this, 
all  became  quiet  and  the  magistrates  ordered  the  troops 
back  to  their  barracks  again.  In  proceeding  thither 
the  Royal  Regiment  found  a  party  attempting  injury 


MONTREAL  PRISON  25 


to  Papineau's  house,  but  they  instantly  desisted  when 
tJie  troops  came  upon  them.  In  the  course  of  the  same 
evening  the  office  of  the  newspaper  called  T]ie  Vindica- 
tor^ a  most  seditious  sheet  of  the  times,  was  totally  des- 
troyed by  some  of  the  more  zealous  of  the  British  party. 
The  military  patrolled  the  streets  all  night  till  day- 
break, and  as  no  further  violence  was  committed  and 
no  lives  lost  and  no  opposition  to  the  soldiers  offered 
they  returned  to  their  barracks. 

Among  the  principal  agitators  was  T.  S,  Brown,  per- 
haps the  only  one  now  alive  of  all  those  who  took  any 
active  part  or  held  a  high  position  in  the  insurrection  of 
1837-38.  In  all  public  agitation  up  to  the  year  1837, 
Mr.  Brown  was  in  daily  communication  with  Mr  Papi- 
neau  and  other  leaders  of  his  party  and  he  was  one  of 
the  most  active  and  ubiquitous  in  writing  and  public 
speaking.  He  write  a  series  of  articles  and  letters  signed 
L.  M.  N.  to  "  The  Neiv  York  Express  "  on  the  affairs 
of  Canada.  When  the  "  Sons  of  Liberty  "  were  organ- 
ized in  the  month  of  August,  he  was  chosen  general 
of  that  body.  On  the  6th  of  November,  as  stated  before 
when  they  paraded  tlie  streets  and  broke  into  riot,  Mr 
Brown  was  returning  home  alone  after  their  last  meet- 
ing and  was  assailod  by  a  body  of  the  opposite  party, 
the  Loyalists,  and  nearly  beaten  to  death,  losing  the 
sight  of  his  right  eye  which  he  never  recovered  and 
which  caused  his  total  blindness  at  the  present  day. 
This  happened  at  the  corner  of  St.  James  and  St.  Fran- 
cois Xavier  streets  where  stood  the  old  Post  office. 

The  injuries  which  he,  this  evening,  sustained  confined 

him  to  his  house  until  the  16th  November,  when  hear- 
3 


26  HISTORY  OF  THE 

ing  that  a  warrant  for  high  treason  had  heen  issued 
against  him,  he  went  down  to  Pointe  aux  Trembles 
from  which  after  passing  a  day  in  bed  in  an  island,  he 
crossed  over  to  Varennes.  When  at  supper  there  he 
was  joined  by  Alphonse  G-auvin  and  Rodolph  Desri- 
vieres,  two  chiefs  of  "  The  Sons  of  Liberty,"  who,  by 
chance,  arrived  at  the  same  time.  These  three  deter- 
mined to  establish  a  military  camp  at  St.  Charles. 
Riding  over  night,  they  accomplished  this  the  follow- 
ing morning.  Mr.  Brown  being  too  weak  for  action, 
his  two  associates  completed  the  preparations.  The 
people  of  the  village  and  county  supposing  that  a  ge- 
neral rising  had  commenced  came  to  the  camp  in  great 
numbers,  and  such  as  had  arms  of  any  kind  to  the  num- 
ber of  200  remained. 

Trees  were  felled  to  form  defensive  works,  but  as 
there  was  no  time  to  throw  up  earth  works,  it  was 
merely  a  log  fence,  nor  were  there  officers  or  military 
organization. 

In  the  nieantime  on  the  16th  of  November,  other 
warrants  had  been  issued  besides  that  against  Mr 
Brown.  Large  rewards  were  also  offered  for  the  ap- 
prehension of  twenty-six  individuals  (Brown  included) 
who  were  all  charged  with  High  Treason.  Twenty- 
five  of  these  warrants  were  against  French  Canadian 
citizens  and  men  of — as  some  of  them  were — high  posi- 
tion, Mr  Brown  being  in  that  list  the  only  English  speak- 
ing one.  No  less  than  eight  of  them  were  members  of 
Parliament  and  the  greater  part  were  in  the  hig-her 
classes  of  society.  Eight  of  them  being  arrested  were  at 
once  committed  to  the  prison,  but  all  the  others  who 


MONTREAL  PRISON  27 

resided  in  the  city  escaped  before  the  warrants  reached 
them,  among  whom  were  the  three  mentioned  above 
who  formed  the  encampment  at  St.  Charles.  Two  of  the 
leaders  resided  at  St.  Johns  and  one  at  St.  Athanase  and 
the  warrants  for  their  apprehension  were  entrusted  in  a 
peace  officer  who,  accompanied  by  a  body  of  the  Royal 
Montreal  Cavalry  proceeded  to  execute  them  by  way 
of  Longueuil  and  Chambly.  Messrs  Demaray  and  Da- 
vignon  were  arrested  at  St.  Johns  and  the  party  were 
returning  to  Montreal  with  their  prisoners  by  the  same 
route,  when  within  about  two  miles  of  Longueuil,  the 
cavalry  and  the  peace  officer  in  charge  of  the  prisoners 
were  intercepted  by  a  large  body  of  armed  peasantry 
under  Bonaventure  Viger,  who  fired  upon  them  from 
their  houses,  from  behind  the  fences  and  from  a  barn 
which  bordered  the  road  and  they  compelled  the  troops 
to  abandon  their  prisoners  and  several  of  the  cavalry 
were  wounded  and  their  horses  injured,  by  the  fire  of 
the  peasant  insurgents. 

On  the  20th  of  Nov.  it  was  well  known  from  reliable 
information  that  Mr.  Brown  and  others  had  collected  a 
large  force  at  the  village  of  St.  Charles  on  the  river  Ki- 
chelieu  and  that  their  numbers  had  now  increased  to 
between  YOO  end  300  men.  The  authorities  in  Montreal 
also  learned  that  another  demonstration  at  St.  Denis 
had  occupied  a  large  stone  building  and  thrown  up 
some  outworks,  being  commanded  by  the  celebrated 
Dr.  Wolfred  Nelson.  A  third  body  held  a  strong  posi- 
tion at  St.  Ours  in  the  county  of  St.  Hyacinthe.  On 
account  of  all  this,  they  considered  it  necessary  to  dis- 
perse these  bodies  and  apprehend  their  leaders  which 
they  had  not  been  able  to  do  since  the  issuing  of  their 


28  HISTORY  OF  THE 


warrants  on  the  16th  of  the  month.  Consequently  they 
applied,  as  the  civil  authorities,  to  the  Commander  of 
the  forces  for  aid  in  securing  them. 

On  the  22nd  a  body  of  troops  consisting  of  four  com- 
panies of  Kegulars  and  a  few  volunteers  from  Mont- 
real under  Col.  Grore  embarked  on  board  the  steamer 
Sit.  George  for  Sorel  where  they  landed  in  the  evening. 
At  10  o'clock  they  marched  towards  St.  Denis  intending 
to  attack  the  force  collected  at  that  place  and  then  move 
rapidly  to  assist  Col.  Wetherall  of  the  Eoyal  Regiment 
in  his  attack  upon  St.  Charles.  The  march  was  a  ter- 
rible one  on  account  of  the  heavy  rain  and  the  muddy 
roads.  They  did  not  reach  St.  Denis  till  day-break 
the  morning  of  the  23rd  when  ;  ;  Col.  found  his  division 
not  strong  enough  to  carry  the  position  of  the  insur- 
gents at  St.  Denis.  He  had  been  able  to  bring  on  but 
one  small  field  piece,  which  did  little  or  no  execution. 
Although  he  persevered  in  his  attack  for  six  hours  he 
was  completely  baffled  in  all  his  attempts.  He  found  it 
impossible  to  dislodge  some  of  the  "  Patriots,"  from  a 
large  stone  building  whence  they  kept  up  an  incessant 
fire  and  his  men  being  exhausted  by  the  fatigues  of  the 
preceding  night  and  day,  the  colonel  retreated  upon 
Sorel  fe  ring  lest  his  communications  should  be  cut . 
off.  He  was  obliged  to  leave  several  wounded  men 
behind  as  well  as  his  field  piece  six  of  his  men  being 
killed  and  10  wounded.  Several  of  the  "  Patriots '' 
about  15  men  were  also  killed.  Col.  Grore  after  much 
sufiering  of  his  men  arrived  at  Sorel  on  the  morning  of 
the  26th.  Strong  bodies  of  armed  peasants  were  seen 
in  various  places  along  the  line  of  march. 

The  sensation  which    this   unforseen    termination 


MONTREAL  PRISON  29 


caused  was  immense.  Conjointly  with  the  rescue  of 
the  two  prisoners,  it  greatly  elated  the  "  Patriots."  It 
was  quickly  communicated  to  all  parts  of  the  country 
and  these  disloyal  men  thought  themselves  sure  of 
ultimate  victory  and  success. 

"We  find  in  all  national  history  that  during  revolu- 
tionary times  events  march  along  with  terrible  velocity 
and  startling  rapidity  to  every  one  connected  with  the 
movement.  One  day  comes  and  breaks  to  pieces  the 
hopes  of  the  former,  and  this  day  again  is  itself  effaced 
by  the  unforeseen  circumstances  and  complications  of 
the  next.  The  troubles  of  1837  were  no  exception  to 
this.  The  leaders  themselves  knew  not  the  extent  of 
the  movement.  History  has  never  yet  and  can  never 
record  the  personal  sufferings,  the  domestic  sacrifices 
and  the  social  disruptions  which  this  insurrection  oc- 
casioned, and  it  is  not  far  fetched  to  say  that  not  a  fa- 
mily on  the  banks  of  the  beautiful  Richelieu  River  and 
in  most  of  the  northern  counties  of  the  St.  Lawrence 
which  to  this  day  does  not  bear  some  or  other  trace  of 
the  troubles  of  that  time. 


30  HISTORY  OF  THE 


CHAPTER  IV. 


The  Late  Sheriff  Leblanc. — Chief  Justice  Sir  Louis  H.  Lafontaine  Bart. — 
Col.  Wetherall. —  Battle  of  St.  Charles.—  Mr.  Brown's  fall  from  his 
horse. — Success  of  the  Troops. — Adventures  of  Mr.  Br«wn  &c. — Mr,  Pa- 
pineau's  meeting  with  his  father  at  Saratoga. —  Col.  Wetherall's  re. 
wards. — Inscription  on  the  plate  given  to  him  by  the  loyal  inhabitants 
of  the  District  of  Montreal.  —  St.  Denis.  —  St.  Hyacinthe.  —  Martial 
Law. — Troops  from  Halifax  and  New-Brunswick  arrive  at  Quebec. — 
Offers  of  assistance. — Col.  Dyde. — Close  of  the  Rebellion  south  side  of 
the  St.  Lawrence. 


•'  Cry  havock  and  let  slip  the  Dogs  of  War." 

SUAKBSPEABE. 


Among  the  "  Fih  de  la  Liberie  "  who  were  incarcera- 
ted in  the  Montreal  gaol,  I  find  the  'name  of  Charles 
Andre  Leblanc,  the  late  sheriflf  of  Montreal.  He  was 
the  youngest  of  the  '*  Patriots"  and  was  the  first  name 
on  the  first  warrant  for  High  Treason  in  1837. 
Having  become  like  other  restless  young  spirits  impli- 
cated in  the  troubles  in  Montreal,  he  was  incarcerated 
for  the  period  of  five  months.  He  received  the  soubre- 
quet  of  t Enfant  on  account  of  his  youth.  After  his  li- 
beration he  entered  into  partnership  with  the  late  Pierre 
Moreau,  Q.  C.  in  1848  and  afterwards  with  the  late 
Francis  Cassidy  Q.  C.  and  at  the  time  of  his  death  occu- 
pied the  position  of  sheriff,  over  that  very  gaol  where 
he  had  been  a  prisoner  for  nearly  half  a  year. 

Another  name  connected  with  this  period  is  the  late 
Chief  Justice  Sir  Louis  H.  Lafontaine,  Bart. 


MONTREAL  PRISON  31 


In  the  "  Washington  Sketches,"  which  were  written 
when  the  Chief  Justice  was  in  the  zenith  of  his  fame 
and  political  life  I  find  it  thus  recorded.  "  At  firsihe 
w^as  a  follower,  than  a  rival  of  Papineau.  The  latter 
was  with  the  parti  pritre,  the  former  led  that  of  La 
jeune  France^  and  the  priests  shook  their  heads  at  his 
orthodoxy  ;  in  fact  spoke  of  him  as  little  better  than  an 
infidel.  But  "  circumstances  alter  cases."  Both  fled  in 
1837  from  warrants  for  high  treason.  M.  Lafontaine 
reached  England,  where  not  feeliiig  himself  safe,  by 
the  assistance  of  Mr.  Edward  Ellice,  (Seigneur  of  Beau- 
harnois)  and  who  had  the  greatest  single  property  in 
Canada,  he  escaped  across  the  channel  into  France." 

More  fortunate  than  Mr.  Papineau,  he  was  very  soon 
enabled  to  return,  there  in  reality  being  no  evidence 
against  him.  I  find  he  was  arrested  on  the  memorable 
4th  November  (Sunday)  1838  and  discharged  by  order 
of  Sir  John  Colborne. 

Col.  "Wetherall  had  received  orders  to  attack  St.  Char- 
les at  the  same  time  that  the  other  forces  were  to  be 
engaged  at  St,  Denis.  For  this  purpose  he  left  Chambly 
at  the  same  time  that  Col.  Grore  did  Sorel  and  marched 
down  the  right  bank  of  the  Richelieu  towards  St-Char- 
les,  but  the  roads  were  so  bad  that  his  troops  were  not 
able  to  reach  till  noon  of  the  25th.  His  forces  consisted 
of  a  brigade  of  infantry,  two  pieces  of  field  artillery  and 
a  small  body  of  cavalry.  He  had  rested  a  day  at  St. . 
Hilaire  to  refresh  his  troops  and  the  roads  beyond  that 
place  were  good  and  the  weather  fine,  he  approached 
St-Charles  using  the  ordinary  military  stratagem  in  an 
open  level  country  by  setting  fire  to  a  few  barns  as  he 


32  HISTORY  OF  THE 


approached.  The  great  column  of  smoke  and  flame 
which  burst  up  from  them  produced  its  usual  terror  and 
the  country  people  came  flocking  before  him.  In  the 
midst  of  this  Mr.  Brown  was  thrown  from  his  horse  to 
the  frozen  ground  with  such  force  that  in  ordinary- 
times  would  have  knocked  him  senseless,  but  spirit 
conquered  flesh  and  he  instantly  mounted  again  and 
endeavored  to  animate  hie  followers  to  the  coming 
strife.  The  houses  along  the  route  had  been  all  deser- 
ted, all  the  bridges  broken  down,  barricades  had  been 
erected  and  every  precaution  taken  by  the  "  Patriots  " 
against  an  attack  from  Col.  Wetherall's  little  army.  Such 
was  the  position  of  affairs  when  he  arrived  on  the  25th 
at  noon  at  St.  Charles.  Halting  to  reconnoitre  he  ob- 
served that  two  guns  commanded  the  road  and  he 
therefore  resolved  to  attack  by  deploying  to  the  right. 
His  troops  were  saluted  with  a  loud  cheer  from  the 
stockade  and  a  constant  fire  was  kept  up  by  the  rebels 
from  the  opposite  side  of  the  river.  About  an  hour  was 
spent  in  skirmishing  and  making  preparations  for  the 
assuult.  When  Col.  Wetherall  had  approached  within 
250  yards  from  the  works,  he  took  up  a  position  with 
the  hope  that  the  display  of  his  force  would  induce  some 
change  among  the  infatuated  people.  They  however 
opened  a  heavy  fire  which  was  returned.  He  then 
advanced  nearer  and  nearer  to  the  works,  but  finding 
the  defenders  still  obstinate  he  give  the  order  to  storm 
them,  which  was  successfully  done,  the  soldiers  burning 
every  building  within  the  stockade  except  Mr.  De- 
bartzch's  house  which  was  extinguished  and  occupied  by 
the  troops.  The  battle  lasted  one  hour.  The  little  army 
lost  21  men  in  killed  and  wounded.  The  slaughter  was 
great  on  the  side  of  the  "  Patriots  "  of  whom  no  less  thaa 


MONTREAL  PRISON  33 

150  were  killed  and  twice  that  number  wounded.  T. 
S.  Brown,  L.  Papineau,  J.  T.  Drolet  and  others  quitted 
the  field  of  battle  and  escaped.  Tha  leader  T.  S.  Brown 
proceeded  about  nightfall  to  St.  Denis  where  he  joined 
Dr.  Wolfred  Nelson  and  after  returning  for  a  day  to  St. 
Charles  remained  with  him  for  a  week.  On  the  2nd  of 
December  they  left  with  four  companions  for  the  United 
States.  G-etting  separated,  all  were  captured  except  T.  S. 
Brown  and  L,  Papineau.  Brown  passing  through  the 
woods  and  sleeping  in  barns  at  last  reached  the  United 
States  on  the  9th  December  after  many  romantic  adven- 
tures, being  at  one  time  so  reduced  as  to  subsist  on  raw 
peas  taken  from  the  field.  He  found  that  on  his  head 
and  others  the  sum  of  ^£2,000  each  had  been  offered  by 
the  government  as  a  reward  for  their  capture.  Having 
arrived  safely  in  the  States  he  went  to  Florida  in  1833. 

Col.  Wetherall  having  thus  captured  St.  Charles  and 
taken  several  prisoners  and  dispersed  the  insurgents, 
determined  then  to  attack  a  considerable  body  of  the 
"  Patriots  "  who  had  collected  for  the  purpose  of  cut- 
ting off"  his  retreat  to  Chambly,  and  on  the  morning  of 
the  28th  he  discovered  them  in  a  well  chosen  position 
and  under  the  protection  of  an  abattis.  They  fled, 
however,  as  soon  as  he  had  formed  to  attack,  leaving 
their  two  guns  behind  them. 

The  issue  of  the  affair  at  St.  Charles  being  soon  known 
at  St.  Denis,  the  followers  of  Dr.  Nelson  lost  heart  and 
began  rapidly  to  desert.  He,  himself  with  a  few  friends 
left  the  place  intending  to  retire  to  the  United  States. 
He  however  did  not  succeed  in  getting  across  the 
border.     When  he  had  got  as  far  as  Stukeley  he  was 


34  HISTORY  OF  THE 


taken  prisoner  on  the  12th  December  in  company  with 
one  Canadian  and  an  Indian  guide,  all  of  them  almost  exr 
hausted  with  fatigue,  hunger  and  cold.  Having  been 
taken  to  Montreal,  He  was  thrown  into  the  gaol  where 
now  were  many  others  who  had  rebelled.  Papineau 
had  been  at  St.  Denis  before  the  troops  of  Col.  Gore 
attacked  the  place,  but  had  removed  to  Yamaska.  After 
the  capture  of  St.  Charles,  he  fled  into  the  United  States. 
A  most  aflfecting  interview  took  place  at  SarAtoga  be- 
tween the  old  father  Joseph  Papineau  and  his  fugitive 
son.  This  was  their  last  time  of  meeting  and  they 
bade  each  other  a  final  adieu.  The  old  man  returned  to 
Canada  where  he  died  soon  after  in  1841  aged  90,  and 
L.  J.  Papineau  started  for  France. 

For  the  distinguished  services  which  Col,  Wetherall 
had  rendered  the  country  he  was  made  by  the  Queen  a 
Companion  of  the  most  honorable  Order  of  the  Bath. 
But  what  was  of  peculiar  worth  to  him  was  the  mag- 
nificent piece  of  plate  presented  to  him  by  the  people 
of  the  District  of  Montreal  and  which  bore  the  follow- 
ing inscription  : 

TO  J 

G.  A.  WETHEKALL  C.  B.  K.  H. 
Colonel  2nd  Battalion,  Ist  lloyal  Kegiment. 

The  Loyalists  of  Montreal,  present  this  Testimonial  of  gra- 
titude/or his  important  services  to  the  great  cause  of 

BRITISH  CONNEXION 

<«.  the  defeat  of  the  Rebels,  at  St.  Charles,  on  the  25<ft  of  Nii- 

vember  1887,  to  which,  by  its  moral  influence  may  be 

mainly  ascribed  under  Providence,  the  speedy 

arrest  of  insurrectionary  movemAit ;  and 

<^  admiration  of  hit  wisdom,  his 

conduct,  his  gallantry  in  action  and  his 

MER C Yin  VICTOR y. 


MONTREAL  PRISON  35^ 

St;  Denis  was  afterwards  the  scene  of  some  excesses. 
Col.  Grore's  detachment  returned  to  the  village  and  the 
soldiers,  enraged  by  th<%ir  repulse  and  the  information 
received  of  the  terrible  treatment  of  Captain  "Weir  who 
had  been  lately  murdered  though  bound  hand  and 
foot,  ruthlessly  destroyed  the  buildings  and  other  pro- 
perty. He  then  marched  on  to  St.  Hyacinthe  where  he 
soon  put  an  end  to  any  further  display  of  the  Patriots. 
The  Loyalists  of  the  Eastern  Townships  generally  were 
on  the  alert  for  refugees  and  succeeded  in  capturing 
them  before  they  reached  the  States.  Thus  all  armed 
opposition  was  destroyed  in  all  the  counties  south  of 
the  St,  Lawrence. 

The  last  stand  which  the  insurgents  made  in  these 
counties  was  at  Fhilipsburg  in  the  neighborhood  of 
Missisquoi  Bay,  The  loyalist  militia  under  Captain  Kemp, 
defeated  the  patriots  under  a  leader  named  G-ag^on. 
This  band  had  been  organized  in  the  States  at  a  place 
called  S wanton  in  the  State  of  Vermont,  from  which 
town  they  marched  into  Canada.  On  the  6th  December 
they  were  dispersed  and  fled  back  to  Swanton  leaving 
two  field  pieces,  all  their  ammunition  and  a  few  pri- 
soners in  the  hands  of  the  loyalists. 

Martial  law  was  now  proclaimed  in  the  District  of  Mon- 
treal and  all  those  who  were  leaders  of  the  rebellion  as 
well  as  all  engaged  therein  were  declared  guilty  of 
high  treason  and  rewards  for  them  proclaimed  by  the 
government.  At  the  end  of  the  1st  week  of  December 
there  was  no  more  necessity  for  armed  display  in  the 
district  where  the  rebellion  first  broke  out.  Had  not 
the  prompt  action  of  Col.  Wetherall  and  Col.  Gore  with 


36  HISTORY  OF  THE 


the  loyalists  of  Montreal  and  other  volunteers  crashed 
out  the  rebellion  on  the  south  of  the  St.  Lawrence,  never- 
theless there  were  numberless  offers  of  assistance  from 
all  parts  of  Her  Majesty's  Dominions  in  British  North 
America.  As  late  as  November  the  6th,  part  of  the  85th 
Regiment  at  Halifax  started  for  Quebec.  The  34th  and 
43rd  Regiments  from  New  Brunswick  proceeded  to  the 
same  destination  in  different  divisions.  These  three  re- 
giments made  a  winter  march  through  a  country  co- 
vered with  snow  and  among  the  inhabitants  of  the  va- 
rious counties  through  which  thay  passed,  who  were 
all  supposed  to  be  friendly  to  the  Patriots.  Yet  in 
their  long  journey  they  were  everywhere  treated  with 
marks  of  kindness  and  loyalty  and  when  they  reached 
Quebec  in  the  month  of  December,  they  felt  nothing 
but  pleasure  at  the  success  of  their  march. 

Mr.  J.  V.  Pierce  thus  speaks  of  the  arrival  of  the  85th 
Regiment  at  Quebec : 

"  This  regiment  had  received  a  few  hours'  notice  to 
start  for  Canada  ;  and,  in  winter  vehicles,  proceeded  to 
their  destination,  the  first  division  crossing  at  Point 
Levi  on  the  28th  December.  It  was  an  interesting  sight 
to  witness  the  long  string  of  carioles  as  they  came  over 
the  hill  of  the  opposite  side  of  the  River  St.  Lawrence  ; 
and  then  the  crossing  over,  amidst  the  floating  ice,  in 
wooden  canoes,  with  flags  gaily  flying  at  the  stern — 
the  landing  at  Quebec — the  weary  and  weatherbeaten 
soldiers  as  they  quietly  fell  into  their  ranks,  and  ans- 
wered to  the  roll-call,  marching  with  military  preci- 
sion up  Mountain  Hill  to  their  quarters  for  a  brief  rest, 
preparatory  to  proceeding  to  the  seat  of  war. " 


MONTREAL  PRISON  37 


Addresses  and  offers  of  assistance  ponred  into 
Montreal  from  every  quarter.  They  came  from  the  mi- 
litia of  Upper  Canada,  Nova  Scotia  and  New  Brunswick. 
Volunteers  by  thousands  offered  to  march  to  the  assis- 
tance of  the  loyal  inhabitants  of  Lower  Canada  from 
everywhere.  The  Highlanders  of  Glengary,  actually 
were  on  the  point  of  setting  out  for  Montreal,  when 
word  from  Sir  John  Colborne  was  brought  intimating 
the  result  of  the  different  actions  on  the  north  side  of  the 
St.  Lawrence. 

The  loyal  inhabitants  of  the  cities  of  Quebec  and 
Montreal  prepared  addresses  full  of  patriotism  and  fire, 
they  filled  up  the  ranks  of  the  volunteer  infantry,  ca. 
valry,  artillery  and  the  home  guard  soon  amounted  to  a 
large  regiment.  In  Quebec,  Col.  Dyde  then  a  young 
man  in  the  prime  of  life  raised  a  company  of  grena- 
diers in  twenty-four  hours  after  the  order  had  issued  to 
raise  a  regiment  of  a  thousand  strong  '•  The  Loyal  Que- 
bec Volunteers,"  and  thu«*  he  became  the  senior  officer. 

All  this  was  most  gratifying  both  to  the  Canadian 
Government  as  well  as  to  that  of  England.  And  the 
rebellion  being  nipped  at  the  very  commencement  by 
the  decisive  action  of  the  British  troops  and  volunteers 
required  no  outward  assistance  from  friends  at  a  dis- 
tance. 


38  HISTORY  OF  THE 


CHAPTER  V. 


8ir  George  Cartier^Bart.— Dr.WolfredNelsen.— R.  A.  R.  Hubert,— J.,  A. 
Labadie — D.  B,  Viger.— Sir  John  Ck)lbome  and  the  troops  march  to  St. 
Eustachc. — Death  of  Girard,  the  Leader.— St,  Benoit. — Rising  on  the 
Houth  shore  of  the  8t,  Lawrence — Dr.  Robert  Nelson. — Caughnawaga. — 
Chateauguay.  —  Beauhamois,  —  Odeltown.  —  Lacolle  [engagement.  — 
Names  of  prisoners — Execution  of  two  patriots  in  Montreal  gaol. — Ben- 
jamin Mott  the  last  Patriot  condemned  to  death. 


"  Can  Christian  love^can  patriot  zeal 

"  Can  love  of  blessed  Cliarlty, 

"  Can  piety  the  discord  hbal, 

•'  Or  stanch  the  death  feud's  enmity  ? 

Scott. 


It  is  a  remarkable  fact  that  the  only  two  gentlemen  who 
were  ever  created  "  Baronet "  in  the  History  of  the  Pro- 
vince of  Quebec  or  indeed  of  Canada  were  Sir  L.  H,  La- 
fontaine  and  Sir  George  E.  Cartier.  Both  in  their 
younger  days  were  rebels,  patriots  or  whatever  else 
they  were  or  may  be  called,  nevertheless  both  having 
warrants  issued  against  them  for  High  Treason.  A  year 
before  the  outbreak  Sir  George  being  only  21  years  of 
age  was  admitted  to  the  Bar  of  Lower  Canada  and  we 
all  know  to  whom  Canada  owes  so  much  at  the  present 
day.  When  he  died  in  London  20th  May  1873  his  re- 
mains were  sent  over  to  Canada  by  the  British  Govern- 
ment. His  funeral  was  perhaps  the  most  imposing  one 
ever  seen  in  the  city  of  Montreal  or  in  the  British 
North  American  Provinces. 


MONTREAL  PRISON  39 

We  have  more  than  once  mentioned  the  name  of  Dr 
Wolfred  Nelson.  Little  imagined  he  when  incarcerated 
as  a  political  offender  in  the  Montreal  gaol  that  he 
would  hold  the  highest  office  in  Montreal,  viz  :  that  of 
mayor.  Having  been  arrested  he  was  conveyed  to  Mont- 
real and  thrown  into  gaol.  At  the  end  of  seven  months 
dreary  incarceration,  having  previously  received  his 
sentence,  which  was  banishment  for  life,  he  was  with 
several  other  persons  connected  with  the  rebellion  taken 
to  Quebec  and  placed  on  board  one  of  Her  Majesty's 
ships  of  war  and  taken  to  Bermudas  where  he  remained 
an  exile  till  1842  in  that  island  and  the  United  States. 
When  they  were  in  the  West  Indies  the  exiles  received 
news  of  the  proceedings  which  had  taken  place  in  the 
House  of  Lords  declaring  their  transportation  illegal, 
consecjuently  they  were  allowed  to  depart  for  the  United 
States.  In  1842,  "  a  great  change  had  taken  place  in 
the  opinions  of  many  thoughtful  men  respecting  the 
circumstances  connected  with  the  late  rebellions  in 
Canada."  Not  only  in  this  year  were  Louis  Papineau 
and  William  Lyon  Mackenzie,  the  Upper  Canada  agita- 
tor in  chief,  permitted  to  return  to  the  country  but  they, 
as  well  as  Dr  Wolfred  Nelson,  were  elected  by  a  large 
majorities  to  seats  in  the  Assembly.  "  Those  once  noto- 
rious agitators,  writes  one  of  our  Canadian  historians  Dr. 
Miles,  two  of  whom  had  openly  taken  up  arms  against 
the  government  came  now  to  be  regarded  by  an  in- 
creasing number  of  persons  in  the  light  of  men  who 
had  merely  erred  in  the  defense  of  good  principles,  and 
whose  zeal  had  carried  them  too  far  in  a  good  cause." 

R.  A.  R.  Hubert,  the  late  prothonotary  of  Montreal 
is  thus  spoken  of  in  my  "  Biographical  Sketches."  Like 


40  HISTORY  OF  THE 


Sir  Greorge  Cartier  who  was  a  near  relation  of  his,  he 
was  admitted  to  the  Bar  the  year  previous  to  the  trou- 
bles of  1837-38.  Having  joined  the  Patriots  on  the  North 
of  the  St.  Lawrence  he  was  present  at  the  battle  of  St, 
Eustache,  along  with  the  late  Dr  Chenier  who  was  in 
the  fight,  also  J.  H.  Peltier,  advocate,  then  his  co-partner 
in  law  and  Chevalier  de  Lorimier,who  was  one  of  the  vic- 
tims of  the  troubles  of  1838.  The  village  of  St.  Eusta- 
che is  pleasantly  situated  on  the  north  branch  of  the  Ot- 
tawa River  or  as  it  is  called  Riviere  du  Chene.  The  mal- 
content:3  were  strongly  entrenched  in  the  church  which 
was  set  on  fire  as  was  also  the  presbytery  and  about  60 
of  the  principal  houses  in  the  village.  Nearly  200  fell 
victims  to  their  folly  from  the  fire  and  charges  of  the 
troops  or  they  were  suffocated  in  the  flames  of  the 
buildings  destroyed.  Mr.  Hubert  was  exposed  to  the  fire 
of  the  32nd  Regiment  and  a  battalion  of  volunteers  on 
the  north  side  when  he  was  riding  on  horseback  on  the 
south  side  of  the  Petite  Riviere  du  Chene,  having  had  a 
ball  pass  through  his  hat,  and  he  would  certainly  have 
been  killed,  exposed  as  he  was  to  the  firt  of  more  than 
800  guns  if  the  balls  had  been  better  directed  but  for 
the  most  part  they  lodged  in  the  sides  of  the  houses  op- 
posite the  Royal  Regiments.  On  the  f/th  January  1838 
Mr.  Hubert  was  taken  prisoner  with  his  brother  Fran- 
cois Xavier  Hubert,  N.  P.  of  St.  Denis,  at  St.  Antoine, 
River  Richelieu,  and  being  carried  to  Montreal  were 
both  thrown  into  the  gaol,  where  among  many  others 
were  there  confined  young  Leblanc  and  Dr.  Wolfred 
Nelson.  He  remained  in  gaol  for  the  space  of  several 
months  till  Lord  Durham  converting  his  mission  into 
one  of  peace  on  the  occasion  of  the  coronation  of  Her 
Most  Gracious  Majesty  the  Queen,  caused  the  gaols  of 


MONTREAL  PRISON  41 

Canada  now  crowded  with  political  offenders  to  be 
emptied,  many  being  released  on  giving  security  for 
future  good  conduct.  Mr.  Hubert  gave  recognizances 
of  $10,000  that  he  would  not  "  trouble  the  peace  again 
for  five  years.  More  than  30  years  have  passed  since 
then  and  he  has  lately  been  gathered  to  his  fathers  and 
an  honored  man  to  the  last. 

Another  name,  J.  A.  Labadie,  who  was  the  oldest 
notary  in  Montreal  when  he  died,  is  thus  spoken  of  in 
these  Sketches.  '"  En  1838  il  fut  un  des  prisonniers 
politiques.  II  fut  arrete  en  Novembre  1838,  en  meme 
temps  que  I'honorable  Sir  L.  H.  Lafontaine,  I'honcrable 
D.  B.  Yiger  et  un  nombre  d'autres  citoyens.  II  fut  de- 
tenu trente-cinq  jours."  He  has  just  lately  died  at  the 
advanced  age  of  80  years. 

L'honorable  D.  B.  Viger  is  also  thus  written  about : 
"  Neanmoins,  on  arreta  M.  Viger  tout-a-coup,  le  4  De- 
cembre  1838 ;  il  fut  jetc  en  prison  sans  avoir  pu  appren- 
dre  la  cause  de  son  arrestation,  ses  papiers  furent  boule- 
verses  ;  on  en  emporta  uiie  partie  afin  de  decouvrir 
quelque  chose  qui  put  le  compromettre  ;  on  ne  trouva 
rien. 

'*  Les  commissaires  charges  de  s'enquerir  de  la  situa- 
tion des  detenus  pDur  causes  politiques  lui  firent  I'offre 
de  sa  liberte  moyennant  un  fort  cautionnement  de  bon- 
ne conduite.  M.  Viger  jjour  toute  reponse  demanda 
son  proces."  He  was  discharged  by  order  of  the  Hon'ble 
r.  C.  Thompson,  the  Governor. 

We  will  now  proceed  to  relate  the  circumstances  of 

the  affair  at  St.  Eustache.    In  the  course  of  the  summer 
4 


42  HISTORY  OF  THE 


and  autumn  of  1837  rumors  were  circulated  and  surmises 
formed  that  another  rising  of  the  disaffected  was  in 
progress  or  at  least  in  agitation  on  the  north  shore  of  the 
St.  Lawrence.  The  Patriots  however  were  in  ignorance 
of  the  failure  of  their  cause  on  the  banks  of  the  Riche- 
lieu,  and  on  December,  1837,  Sir  John  Colborne  left  Mont- 
real at  the  head  of  about  2,000  men  for  St.  Eustache. 
There  the  Patriots  to  the  number  of  1000  men  had  col- 
lected and  soon  found  themselves  fully  hemmened  in. 
The  church,  parsonage  and  manor  house  were  filled 
by  the  rebels.  As  the  troops  advanced  to  storm  their  va 
rious  positions,  shots  were  fired  on  them  from  the  Pa- 
triots, but  all  in  vain,  all  the  positions  after  a  very  short 
risistance,  were  carried  by  the  troops.  The  buildings 
were  set  on  fire  and  some  of  the  insurgents  unable  to 
escape,  miserablv  perished  in  the  flames.  About  60 
houses  and  the  church  and  a  convent  were  all  burnt. 

The  Patriots  lost  the  large  number  of  200  killed  and 
wounded  and  100  taken  prisoners.  Of  the  Royal  troops 
about  10  were  killed  and  wounded. 

Girord  was  the  name  of  the  chief  agitator  in  St.  Eus- 
tache, and  escaped  early  from  the  scene  of  conflict. 
Being  pursued  and  on  the  point  of  being  captured  by 
the  police,  he  ended  his  own  life,  not  to  fall  alive  into 
the  hands  of  the  victors. 

As  soon  as  the  all'airs  of  St.  Eustac^he  were  finished, 
Sir  John  proceeded  to  St.  Benoit  and  was  in  the  way 
met  by  flags  of  truce  in  token  of  the  submission  of  the 
people  of  that  place.  At  the  same  time  a  detachment 
undiM'  Captain  Maitland,  received  the  submission  of  the 


MONTREAL  PRISON  43 

insurgents  of  Ste  Scholastique.  The  principal  persons 
concerned  were  sent  to  prison,  the  infatuated  followers 
dismissed  to  their  homes. 

In  the  mean  time  all  during  the  summer  and  autumn 
of  1838  the  feelings  which  prompted  the  outbreak  of 
183t  were  as  active  as  ever.  This  was  seen  in  an 
unusual  run  on  the  banks  and  in  the  demand  for  cash 
on  the  part  of  the  habitants  who  had  notes  in  their 
possession,  with  numerous  murmurings  and  other 
symptoms,  all  which  gave  sign  that  everything  was  not 
at  rest.  The  sympathy  as  it  was  called,  shown  by 
many  of  the  border  States  kept  alive  the  expectation. 
Early  in  October,  if  not  before,  many  facts  were  in  the 
knowledge  of  the  Governor  in  chief  and  the  Comman- 
der of  the  forces  which  called  for  increasing  vigilance 
and  active  preparation.  The  lenient  measures  which 
had  been  adopted  with  regard  to  those  who  had  been  ap- 
prehended in  the  first  rebellion,  instead  of  being  follow- 
ed by  a  grateful  return  to  allegiance,  were  in  many 
instances  construed  into  fear  and  abuse,  to  the  purposes 
of  renewed  agression  and  tumult.  These  seditious 
movements  were  chiefly  confined  to  those  counties  south 
of  the  St.  Lawrence  and  lying  between  Montreal  and 
the  United  States.  On  November  3rd  armed  bodies  of 
men  to  the  number  of  several  hundreds  and  undis- 
mayed by  the  desastrous  issue  of  St.  Charles  and  St. 
Eustache,  were  seen  in  various  places,  notably  at  Na- 
pierville,  were  Dr.  Robert  Nelson  had  established  his 
quarters.  This  gentleman  took  no  active  part  in  the 
rising  of  1837,  but  in  1888  the  most  eventful  period  of 
his  career,  he  played  a  conspicuous  part  in  the  affairs  of 
his  country.     Being  induced  by  a  number  of  dissatis- 


44  HISTORY  OF  THE 


fied  persons  of  Canada  as  well  as  some  sympathizers 
from  the  States  to  take  up  arms  against  his  country,  he 
entered  madly  into  the  foolish  and  chimerical  scheme 
of  invading  Canada.  He  was  elected  the  chief  of  the 
insurgents  and  their  idea  was  to  make  Canada  a  Repu- 
blic like  that  of  the  States. 

Several  skirmishes  occured  at  Caughnawaga,  Beauhar- 
nois  and  other  places  during  the  month  of  November. 
Over  a  hundred  rebels  from  these  two  places  and  else- 
where were  publicly  paraded  in  the  streets  of  Montreal, 
having  been  brought  in  by  the  Indians  and  others  as  pri- 
soners of  war  and  sent  to  the  new  jail.  But  previous  to  this 
the  whole  affair  had  been  promptly  nipped  in  the  bud  by 
the  militia  of  Odeltown  and  Hemmingford,  having  at- 
tacked and  dispersed  a  body  of  rebels  and  Americans 
at  Lacolle  Mill,  killing  11  and  taking  8  prisoners  ;  whilst 
Sir  John  Colborne  marched  against  Nelson,  who  threa- 
tened by  the  frontier  militia  in  his  rear  and  the  British 
forces  in  front  gave  battle  to  the  former  before  Sir  John 
arrived.  After  a  desperate  engagement,  victory  declared 
for  the  side  of  order  and  loyalty.  Sixty  of  the  rebels 
were  killed  and  a  hundred  wounded,  all  the  others,  save 
those  taken  piisoners,  fled  to  the  border  and  escaped 
into  the  States,  Nelson  among  the  number.  In  this 
short  lived  rising,  a  vast  amount  of  property  was  des- 
troyed, several  lives  too,  in  addition  to  those  who  had 
fallen  in  the  various  engagements,  were  lost.  At  the 
commencement  of  this  uprising  martial  law  had  again 
been  established  in  the  country,  and  the  insurgents 
taken  in  arms  were  not  this  time,  consigned  to  prison 
for  trials  in  the  courts  of  law,  former  lenity  had  failed 
of  its  intended  purpose,  accordingly  courts  martial 
were  assembled  and  tried  the  prisoners. 


MONTREAL  PRISON  ,q 


Thus  ended  the  Insurrection  of  1838  :  "The  Hon'ble 
D.  Mondelet  and  Charles  D.  Day  Esqr.  were  appointed 
judge  advocates  in  conjunction  w-ith  captain  Muller, 
The  court  martial  commenced  on  Wednesday  28th  No- 
vember ;  Joseph  Narcisse  Cardinal,  Joseph  Duquette, 
Joseph  L'Ecuyer,  Jean  Louis  Thibert,  Jean  Marie  Thi- 
bert,  L§andre  Ducharme,  Joseph  Guimond,  Louis  Gue- 
rin,  Edmond  Therien,  Antoine  Cote,  Maurice  Lepailleur 
et  Louis  Lesiege,  after  a  patient  and  impartial  investi- 
gation in  which  the  prisoners  had  the  benefit  of  able 
advocates,  two  of  them  Edouard  Therien  and  Louis 
Lesiege  were  acquitted,  the  other  ten  were  found  guilty 
and  condemned  to  death  and  two  of  them  J.  N.  Cardinal 
and  J.  Duquette  were  executed  on  Friday  the  21st  De- 
cember. They  were  both  implicated  in  the  rebellion 
last  year,  and  were  executed  in  the  prison  yard  but  the 
habitants  declared  they  were  not  really  hanged  but 
only  effigies  of  them. 

On  the  18th  of  January  following  no  less  than  five 
of  the  Patriots  were  executed  over  the  front  gate- 
way of  the  new  gaol,  viz  :  P.  J.  Decoigne  engaged  at 
Napier ville  and  J.  Jacques  Eobert,  two  brothers  of  the 
name  of  Sanguinet  and  P.  Hamelin  concerned  in  the 
murder  of  Mr.  Walker  a  La  Tortu.  The  gallows  had 
been  removed  to  a  more  public  situation  to  convince 
the  habitants  of  the  reality  of  the  executions,  for  on 
that  point  a  wide  spread  incredulity  prevailed  among 
them.  Decoigne,  a  notary  public,  delivered  an  address 
on  the  scaffold  before  he  was  hanged,  to  the  effect  that 
they  were  all  convinced  of  the  enormity  of  their  crimes, 
the  justice  of  their  fate  and  the  folly  of  neglecting  the 
good  instructions  that  had  been  given  them. 


46  HISTORY  OF  THE 


On  the  17th  April,  Benjamin  Mott,  of  Albany,  Ver- 
mont, was  found  guilty  of  high  treason  by  the  general 
court  martial  and  sentenced  to  death.  With  this  trial  the 
court  finished  its  labors,  after  a  session  of  five  months 
and  a  half,  during  which  one  hundred  and  four  persons 
had  been  tried,  twelve  executed,  nine  acquitted  and 
the  remainder  under  sentence  of  death.  These  ninety- 
two  did  not  suffer  the  extreme  penalty  of  the  law, 
fifty-eight  of  them  were  banished  or  transported  to  Aus- 
tralia, the  balance  were  bailed  out,  furnishing  bonds 
for  good  conduct. 


MONTREAL  PRISON  47 


CHAPTER  VI. 


U  cords  from  the  Slate  Trials — Names  of  members  of  Court  Martial.— 
Lists  of  Patriots  fiondemned  to  death. 


"  These  scenes  their  story  not  unknown 
"  Arlce  and  make  again  your  own, 
"  Snatch  from  the  ashes  of  yonr  sires 
"  The  emlwrs  of  their  former  fires, 
'•  And  he  who  In  the  strife  expires 
"  Will  add  to  theirs  a  name  of  fear 
"  That  Tyranny  shall  quake  to  hear, 
"  And  leave  his  sons  a  hope,  a  fame, 
"  They  too  will  rather  die  than  shame, 
"  For  Freedom's  battle  once  begun 
'■  Bequeathed  by  bleeding  sire  to  son 
"  Though  baffled  oft,  Is  ever  won." 

ByK'N. 


In  the  Stale  Trials,  a  very  scarce  and  valuable  book, 
I  find  that  the  following  were  those  who  composed  the 
Court  on  28th  November  1838  of  "  General  Court  Mar- 
tial "  : 

President. 

Major  General  Clitherow. 

Members. 

Lieut.  Cols.  Eustache  ;  Henry  W.  Barnard  ;  "Wm. 
Grierson,  16th  Regt.  ;  J.  Crawford,  2nd  Gre.  Guards. 


48  HISTORY  Of  THE 


Majors. 

S.  D.  Pritchard,  Major  of  Brigade  ;  Henry  Townshend, 
24th  Regt.  ;  Arthur  W.  Biggs,  7th  Hussars. 

Captains. 

W.  B.  Smith,  15th  Regt.  ;  Robt.  Marsh,  24th  Regt.  ; 
Wm.  Thornton,  Gren.  Guards  ;  H.  Alex.  Kerr,  Royal 
Regt.  ;  Aug.  Cox,  Gren.  Guards  ;  the  Hon'ble  Geo. 
Cadogan,  Gren.  Guards  ;  Hugh  A.  Mitchell,  Gren. 
Guards. 

The  Hon'ble  D.  Mondelet,  Queen's  Counsel  ;  Chas, 
Dewey  Day,  Esq.,  Queen's  Counsel ;  and  Capt.  Ed.  Mul- 
ler,  jointly  and  severally  Deputy  Judge  Advocate. 

The  first  prisoners  arraigned  before  this  court  were 
J.  N.  Cardinal,  Jos.  Duquette,  J.  L'Ecuyer,  J.  L.  Thi- 
bert,  J.  M.  Thibert,  L.  Ducharme,  Jos.  Guimond,  L. 
Guerin  dit  Dusault,  E  Therien,  A.  Cote,  F.  M.  Lepail- 
leur,  L.  Lesiege. 

After  a  long  and  exhaustive  trial  the  Court  pronoun- 
ced these  sentences  : 

J.  N.  Cardinal,  to  be  hanged,  afterwards  executed. 

Jos.  Duquette,  to  be  hanged,  afterwards  executed. 

E.  L'Ecuyer,  to  be  transported  for  life,  afterwards  dis- 
charged. 

J.  L.  Thibert,  to  be  hanged,   y  transported. 

J.  M.  Thibert,  to  be  transported  for  life,      transported." 

L.  Ducharme,  to  be  transported  for  life,       transported. 

J.  Guimond,  to  be  transported  for  life,         transported. 

L.  Guerin  dit  Dusault,  to  be  transported  for  life,  trans- 
ported. 


MONTREAL  PRISON  49 

An.  Cote,  to  be  transported  for  life,  afterwards 

bailed. 

F.  M.  Lepailleur,  to  be  hanged,  transported, 

lid.  Therien,  not  guiltyi 

L.  Lesiege,  not  guilty. 

In  the  trials  of  Cardinal  and  the  others,  I  will  give  a 
letter  from  Sir  John  Colborne  to  Major  G-eneral  Clithe- 
row,  which  is  very  interesting.     He  says  ; 


Head  Quarters, 

Montreal,  December  14th,  1838. 
Sir, 

I  have  the  honor  to  return  the  proceedings  of  the 
General  Court  Martial,  held  for  the  trial  of  Joseph 
Narcisse  Cardinal  and  others,  and  to  acquaint  you  with 
reference  to  the  accompanying  opinion  of  the  Law  Offi- 
cers of  the  Crown,  that  it  appears  the  sentence  of  trans- 
portation passed  on  several  of  the  prisoners  cannot 
legally  be  confirmed.  I  am,  therefore,  compelled  to 
desire  that  the  Court  may  be  reassembled  for  the  pur- 
pose of  revising  the  sentence  of  transportation  passed 
on  six  of  the  prisoners. 

I  have  the  honor  to  be, 
Sir, 
Your  ob'dt  Servant, 

J.  Colborne, 
Commander  of  the  Forces  and  Administrator 

of  the  GovernmenL 
Major  General  Clitherow^. 


JbO  HISTORY  OF  THE 


The  next  trial,  that  of  C.  Huot,  resulted  in  the  same 
conviction  as  th^t  of  Cardinal  and  the  others.  He  was 
condemned  to  be  hanged,  but  it  is  added.  "  The  Court 
having  passed  judgment,  begs  leave  to  recommend  the 
prisoner  Charles  Huot,  for  a  commutation  of  the  sen- 
tence of  death  for  a  punishment  less  severe."  Afterwards 
he  was  transported. 

Huot  seems  to  have  been  the  quarter  master  of  the 
Patriots  at  Napierville,  as  on  the  trial  many  hons  were 
produced  bearing  hiS  signature  and  which  he  acknow- 
ledged.    I  will  give  two  as  specimens. 

No.  9.     Bon  pour  8  lbs  de  pain. 

Capt.  Narcisse  Remillard. 

(Par  ordre)         C.  HuoT, 
6th  November,  1838.  Qr.  M. 

.    No.  29.     Bon  pour  lbs  de  pain. 

Capt.  Frs.  Nicolas, 

(Par  ordre)        C.  Huot, 
6th  Nov.,  1838.  Qr.  M. 

On  the  24th  December,  1838,  the  following  were 
arraigned,  Guilh  Levesque,  P.  Decoigne,  D.  A.  Morin,  J. 
J.  Hebert,  P.  T.  Lebianc,  D.  D.  Leblanc,  F.  Trepannier, 
fils,  P.  H.  Morin,  J.  Par6,  L.  JSameiiu  and  J.  B.  Dozois,  all 
of  the  parish  of  St.  Cyprien.  After  a  trial  of  6  days  the 
following  were  their  sentences  : 

Guillaume  Levesque,  to  be  hanged,     afterwards  bailde. 
P.  Decoigne,  do        afterwards  executed. 


MONTREAL  PRISON 


51 


D.  A.  Morin, 
J.  J.  Hebert 
P.  T.  Leblanc 

D.  D.  Leblanc 

E.  Trepanier,  fils 
P.  H.  Morin 

J.  Par6 


to  be  hanged  afterwards  transported. 

do  afterwards  transported. 

do  afterwards  transported. 

do  afterwards  transported. 

do  afterwards  bailed. 

do  afterwards  transported, 

do  afterwards  transported. 


L.  Semelin  and  J.  B.  Dozois,  not  guilty. 

Levesque  and  Trepannier  were  recommended  "  for  a 
commutation  of  the  sentence  of  death,  for  a  punishment 
less  severe." 

On  the  3rd  January,  1839,  thetrialof  Jos.  Robert  e/ a/ 
began.  Their  names  are  Joseph  Robert,  Jacques  Robert, 
Ambroise  Sanguinet,  Ohas.  Sanguinet,  Pascal  Pinson- 
neau,  F.  X.  Hamelin,  Theophile  Robert,  Joseph  Long- 
tin  and  Jacques  Longtin.  After  a  trial  of  7  days  the 
following  were  their  sentences. 


Jos.  Robert,  to  be  hanged. 

A.  Sanguinet,  do 

Chas.  Sanguinet,  do 

P.  Pinsonneau,  do 

F.  X.  Hamelin,  do 

Th.  Robert,  do 

Jacques  Longtin,  do 
Jos.  Lecompte, 
Jos.  Longtin, 
Jacques  Robert, 


executed. 

executed. 

executed. 

afterwards  transported 

executed. 

afterwards  transported. 

afterwards  transported. 

not  guilty. 

not  guilty. 

not  guilty. 


On  the  11th  January,  1839,  J.  B.  H.  Brien  el  al  were 
arraigned  before  the  Court  Martial.    Their  names  are 


52  HISTORY  OF  THE 


J.  B.  Brien,  physician,  J,  G.  Chevrelils,  farmer,  Jos.  Du- 
mouchelle,  farmer,  Louis  Dumouchelle,  innkeeper,  Jac- 
ques Goyette,  farmer,  ToussaintRochon,  carriagemaker, 
Frs.  X.  Prieur,  trader,  Joseph  Wattier  dit  Lanoie,  of 
Soulanges,  trader,  Chevalier  DeLorimier,  notary,  Jean 
Laberge,  carpenter,  Frs,  X.  Touchette,  blacksmith.  Aftor 
a  trial  of  six  days  the  following  were  their  sentences. 

Brien,  to  be  hanged  afterwards  bailed. 

Chevrefils,  to  be  hanged  afterwards  transported. 

Jos,  Dumouchelle,  to  be  hanged  afterwards  transported. 
Louis  Dumouchelle,  do  afterwards  transported. 
Goyette,  to  be  hangod  afterwards  transported- 

Rochon,  do  afterwards  transported, 

Frs,  X.  Prieur,  do  afterwards  transported, 

"Wattier,  do  afterwards  bailed. 

DeLorimier,      do  afterwards  executed. 

Laberge  do  afterwards  transported. 

F,  X,  Touchette,  to  be  hanged.  Afterwards  transported, 

Charles  Hindelang  had  a  trial  by  himself.  The  pro- 
ceedings of  the  Court  Martial  are  dated  January  22nd 
1839,  When  called  on  to  make  his  defense  he  gave 
utterance  to  these  words  :  "Few  men,  if  any,  have 
ever  risen  in  a  court  of  justice  under  disadvantages  so 
great  as  those  which  militate  against  me  at  this  moment, 
a  stranger  in  a  foreign  land,  a  soldier  of  France,  cited 
before  a  tribunal  composed  of  British  officers,  separated 
by  the  vast  ocean  from  all  whom  the  ties  of  blood  or 
friendship  might  induce  to  take  an  interest  in  my  fate, 
and  supported  by  those  alone  who  abhor  injustice  and 
feel  that  misfortune  has  an  inalienable  claim  to  the  pro- 
tection of  every  noble  mind,  that  a  generous  error  should 


MONTREAL  PRISON  53 


ever  find  a  generous  advocate  to  defend  it.  I  rise  never- 
theless with  confidence  to  address  you,  knowing  well, 
that  as  officers  of  that  great  nation  whose  elevation  to 
the  acme  of  power  is  due  alone  to  its  known  respect  for 
great  principles  of  law  and  justice,  you  will  not  allow 
yourselves  to  be  swayed  in  your  deliberations  by  that 
tide  of  prejudice  which  has  been  raised  against  me  and 
will  not  condemn  me  without  being  convinced  that 
you  are  authorised  to  do  so. " 

Alter  a  trial  of  two  days  he  was  condemned  to  be 
hanged  and  afterwards  executed. 

The  trial  of  Narbonne  and  others  took  place  on  the 
26th  January,  1839. 

The  prisoners  were  P.  R.  Narbonne,  A.  Daunais, 
Pierre  Lavoie,  Ant.  Dore,  Ant.  Coupal  dit  Lorraine, 
Theo.  Bechard,Frs.  Camyre,  Frs.  Bigonesse  dit  Beau- 
caire,  Jos.  Manceau  dit  Petit  Jacques  and  Frs.  Nicolas. 

After  a  trial  of  6  days  the  following  sentences  were 
pronounced  : 

Narbonne,  to  be  hanged  afterwards  executed. 

afterwards  executed, 
afterwards  transported, 
afterwards  transported, 
afterwards  transported, 
afterwards  bailed, 
afterwards  transported, 
afterwards  transported, 
afterwards  executed. 


Daunais, 

do 

Coupal, 

do 

Lovoie, 

do 

Bechard, 

do 

Camyre, 

do 

Bigonesse, 

do 

Marceau, 

do 

Nicolas, 

do 

64 


HISTORY  OF  THE 


•*  The  Court  having  passed  judgment  begs  leave  to 
recommand  the  prisoners  P.  Lavoie,  A.  Goupal,  Th6o. 
Bechard  and  Frs.  Gamyr^  for  a  commutation  of  the  sen- 
tence of  death  for  a  punishment  less  severe." 

Dor6  was  found  not  guilty  and  discharged. 

The  next  trial  is  that  of  Perrigo  and  others  of  date 
February  7th,  1839.  The  prisoners  were  James  Perrigo, 
merchant,  Louis  Turcot,  farmer,  J.  M.  Lefebvre,  farmer, 
Grodfroit  Chaloux,  farmer,  D.  Bourbonnois,  blacksmith, 
M.  Longtin,  farmer,  Chas.  Roy,  farmer,  F.  X.  Provost, 
innkeeper,  Isidore  Tremblay,  farmer,  Andr6  Papineau, 
blacksmith,  David  G-agnon,  farmer  and  Charles  Eapin, 
bailiff. 

After  a  long  trial  of  nine  days  the  following  senten- 
ces were  passed  : 


Turcot,  to  be 

hanged 

afterwards  transported. 

Bourbonnois, 

do 

afterwards  transported. 

Longtin, 

do 

afterwards  bailed. 

Roy, 

do 

afterwards  transported. 

Prevost, 

do 

afterwards  transported. 

Papineau, 

do 

afterwards  transported. 

Gagnon, 

do 

afterwards  transported. 

Rapin, 

do 

afterwards  bailed. 

Bourbonnois,  Longtin  and  Roy  were  commuted  for  a 
less  severe  sentence  and  Perrigo  and  Tremblay  were 
discharged. 

The  next  trial  was  that  of  Louis  Bourdon  el  at  on 
February  22nd,  1889. 


MONTREAL  PRISON 


55 


Their  names  were  Louis  Bourdon,  farmer,  Jean  B. 
Bousquet,  farmer  et  Fran9ois  X.  Guertin,  farmer.  After 
a  trial  of  four  days  the  following  sentences  were 
passed : 


Bourdon,  to  be  hanged 
Bousquet,        do 
Guertin,  do 


afterwards  transported, 
afterwards  transported, 
afterwards  transported. 


The  next  trial  is  that  of  Bouc  et  al,  of  date  1st  March, 
1839.  Their  names  were  C.  G.  Bouc,  gentlemen,  Leon 
Leclair,  farmer,  Paul  Gravelle,  farmer,  Antoine  Bous- 
sin,  farmer,  Frs.  St.  Louis,  farmer  and  Ed.  P.  Rochon, 
carriagemaker. 

After  a  trial  of  seven  days  the  following  sentences 
were  passed  : 


Bouc,  to  be  hanged, 

afterwards  transported. 

Leclaire, 

do 

afterwards  transported. 

Gravelle, 

do 

afterwards  bailed. 

Boussin, 

do 

afterwards  bailed. 

St.  Louis, 

do 

afterwards  bailed. 

Rcchon, 

do 

afterwards  transported. 

The  Queen  vs  L.  D.  Defaillette  et  al  was  the  next  trial 
of  date  12th  March  1839.  The  following  sentences  were 
pronounced. 

The  Queen  vs  : 

L.  D.  Defaillette,  to  be  hanged  afterwards  transported, 
J.  D.  Hebert,  do  afterwards  transported. 

D.  Demers,  do  afterwards  bailed. 

Thos.  Surprenant,       do  afterwards  bailed. 


56  HISTORY  OF  THE 


Frs.  Surprenant,   to  be  hanged  afterwards  bailed. 

Hyp.  Lanctot,  do  afterwards  transported. 

L.  Pinsonnanlt,  do  afterwards  transported. 

R.  Pinsonnault,  do  afterwards  transported. 

Et.  Languedoc,  do  afterwards  transported. 

Benoni  Verdun,  do  afterwards  bailed. 

Etienne  Langlois,        do  afterwards  transported. 

After  a  trial  of  seven  days  all  the  prisoners  are  con- 
demned to  be  hanged.  T.  Surprenant  and  B.  Verdun 
were  recommended  to  mercy. 

The  next  trial  of  the  Queen  vs  Chs.  Mondat,  after- 
wards bailed,  Clovis  Patenaude,  afterwards  bailed 
Moise  Longtin,  afterwards  transported,  began  on  the 
20th  March,  1839,  and  all  the  three  were  condemned  to 
death,  Mondat  being  recommended  for  a  commutation 
of  punishment. 

The  next  trial  is  : 

The  Queen  vs  M.  Allary,  afterwards  transported. 

do  Jos.  Goyette,        afterwards  transported. 

do  L.  Hainault,                   afterwards  bailed. 

do  Bazile  Roy,           afterwards  transported. 

do  Jos.  Roy,              afterwards  transported. 

do  Jos  Roy  dit  Lapensee,  afterwards    do 

do  E.  Tremblay,                 afterwards  bailed. 

do  Phil.  Tremblay,             afterwards  bailed. 

do  Fran.  Vallee,                 afterwards  bailed. 

do  Constant  Buisson,  afterwards  transported. 

do  Chas.  Bergevin,   afterwards  transported. 

do  Ant.  Charbonneau,      afterwards  bailed. 

do  Jos.  Cousineau,            afterwards  bailed. 

do  Frs.  3ion,                     afterwards  bailed. 

do  Louis  Julien,                afterwards  bailed. 


MONTREAL  PRISON  hi 


The  Queen  v&  J.  B.  Trudelle,      afterwards  transported. 

do  Moses  Dalton,  afterwards  bailed. 

do  Saml.  Newcombe,  afterwards  transported. 

do  Jer.  Rochon,        afterwards  transported. 

The  trial  began  on  the  25th  March  1839  and  lasted 
till  the  5th  April  when  all  the  prisoners  were  senten- 
ced to  death.  Henault,  E.  Tremblay  et  P.  Tremblay 
being  recommended  for  a  commutation  of  punishment. 

The  Queen  rs  Benjamin  Mott  was  the  last  state  trial. 
April  10th,  1839,  and  after  a  trial  of  seven  days  he  was 
condemned  to  be  hanged  and  afterwards  he  was  trans- 
ported. 

The  General  Court  Martial  was  dissolved  on  the  6th 
May,  1889. 


58  HISTORY  OF  THE 


CHAPTER  VII. 


Sketches  of  Papineau  the  Elder. —  Louis  Joseph  Papineau.  —  T.  8. 
Brown.— Dr.  W.  Nelson.— Dr.  O'Callaghan.— Dr.  Goates.— S.  M,  Bou- 
chette. — J.  J.  Girouard. — J.  B.  Dumoachel  — Girard  — L.  M.  Viger. — 
Gome  S.  Cherrier. —  A.  N.  Morin.  —  E.  R.  Fabre — Dr.  Masson. — P. 
Amiot.— S.  Marchesseault  — Les  Pacaud.— Bonaventure  Viger.— An- 
dr6  Ouimet.— Gaptain  Jalbert. 


This  Chapter  will  be  devoted  to  the  sketches  of  some 
of  the  principal  persons  connected  with  the  Patriots, 
and  first,  I  will  give  on  the  side  of  the  Constitutionalists, 
a  series  of  short  sketches  as  they  appeared  in  •'  The 
United  Service  Journal "  of  1838  and  without  any  re- 
mark or  comment,  the  others  being  culled  from  other 
sources  or  written  by  the  author.  Among  the  sketches 
from  this  writer  of  1838,  it  will  be  seen  that  he  speaks 
most  kindly  of  several  of  the  Patriots  but  makes  an  egre- 
gious blunder  in  causing  Dr.  Wolfred  Nelson  to  die 
in  the  Montreal  gaol.  The  article  is  given  as  originally 
printed  : 

"  Sketches  of  some  of  the  principal  leaders  of  the  Canadian 
Revolt  in  Lower  Canada. 

Louis  Joseph  Papineau  is  the  son  of  Joseph  Papineau, 
a  notary  in  Montreal,  who  is  still  living,  although 
ninety  years  of  age.     He  has  ever  been  denominated 


MONTREAL  PRISOX  59 


by  the  Canadians  as  "  Father  of  the  Patriots,"  but  not 
a  patriot  either  in  the  spirit  or  sense  in  which  it  is  now 
applied  to  his  son.  This  aged  individual  has  never 
been  the  enemy  of  Grreat  Britain,  neither  was  he  op- 
posed to  the  Government  at  a  period  when  it  was  ge- 
nerally believed  by  the  Canadians  to  be  the  intention 
of  England  to  make  innovations  on  the  institutions  and 
privileges  guaranteed  to  them  at  the  conquest  of  the 
country.  Yet,  naturally  jealous  and  fearful  of  such 
consequences,  he  was  induced  to  take  the  chair  at  a 
large  public  meeting  held  on  the  Champ  de  Mars, 
against  the  then  projected  Union  of  the  Upper  and 
Lower  Provinces,  at  which  a  petition  was  voted  to 
the  Sovereign,  and  afterwards  signed  by  eighty  thou- 
sand Canadians,  expatiating  on  the  blessings  they  en- 
joyed under  the  Constitution  as  it  then  stood,  and  still 
stands,  and  praying  that  it  might  remain  unaltered. 

Such  was  the  spirit  of  the  aged  parent  of  the  rebel 
Papineau.  We  have  been  induced  cursorily  to  mention 
him,  merely  to  show  that  the  revolutionary  opinions  of 
the  son  were  not  inculcated  from  early  youth,  but 
merely  the  out-breakings  of  a  discontented  mind,  em- 
bittered by  events  and  disasters  of  his  own  seeking.  On 
the  contrary,  we  have  reason  to  believe  that  the  aged 
Papineau  earnestly  endeavoured  to  check  the  rebellious 
principles  exhibited  by  the  son  in  all  his  actions  for 
several  years  past,  being  fully  convinced  that  he  was 
guided  and  governed  in  all  his  extravagant  and  rebel- 
lious designs  far  more  from  vanity  and  ambition  than 
from  any  conviction  that  his  patriotism,  so  called,  could 
lead  to  the  welfare  of  his  country,  or  that  he  had  the 
means  or  ability  of  carrying  his  measurOvS  into  effect. 


60  HISTORY  OF  THE 


The  individual  we  have  here  alluded  to  is  about 
forty-nine  years  of  age,  and  of  mild  and  courteous  man- 
ners, which  have  no  similarity  with  his  opinions  or 
appearance.  In  height  he  is  about  five  feet  eight,  and 
inclining  to  be  embonpoint.  His  features,  which  are  pro- 
minent, have  something  of  the  Jewish  cast,  which  is 
much  added  to  by  his  dark  hair  and  eyebrows,  which 
are  thick  and  arched,  giving  much  fire  to  the  eye.  He 
is  undoubtedly  a  man  of  much  information,  and  in  so- 
ciety his  conversational  powers  are  most  fascinating.  It 
cannot  but  be  deplored  that  an  individual  so  gifted 
should  be  led  by  motives  of  ambition  to  seek  his  o'vn 
ruin,  instead  of  employing  his  talents  for  the  benefit  ot 
his  fellow  men. 

The  Commander-in-Chief  of  Louis  Papineau's  rebel 
army  is  named  Brown,  who  appears,  if  we  may  judge 
of  his  speedy  abandonment  of  the  forces  under  his  com- 
mand, ,to  have  as  much  mistaken  his  calling  as  the 
cause  which  has  joined  him  with  the  great  Canadian 

chief.  This  individual,  denominated  General  Brown,  is 
an  American,  but  very  unlike  the  American  portion  ol' 
the  Montreal  Community,  who,  it  is  but  justice  to  say 
have  always  been  as  true  to  the  cause  of  Great  Britain 
as  the  most  loyal  of  her  subjects,  which,  by-the-by,  is 
another  argument  to  the  prejudice  of  Mr.  Papineau. 

General  Brown  is  a  miserable  squalid-looking  person, 
of  short  stature  and  contemptible  appearance ;  his 
countenance  being  stamped  with  an  expression  of  dis- 
content, meanness,  and  indecision  of  character  in  mind 
— in  fact,  by  his  own  countrymen  he  would  be  termed 
a  *  crooked  cretur.'  Not  long  before  the  rebellion  he 
became  a  bankrupt  ironmonger,  and  thus  having  no- 


MONTREAL  PRISON  61 


thing  to  lose,  but  every  thing  to  gain,  he  placed  himself 
at  the  head  of  the  factious  army.  In  this  capacity,  how- 
ever, he  proved  himself  unworthy  the  confidence  of  the 
poor  deluded  victims  whom  he  and  his  leader  Papineau 
had  seduced  into  their  service. 

A  character  not  less  conspicuous  is  Doctor  Wolfred 
Nelson.  His  person  was  handsome  and  manly ;  in 
height  about  six  feet ;  and  his  disposition  was  far  more 
determined,  courageous,  and  active,  than  any  of  his 
brother  traitors  ;  and  had  he  been  well  supported,  he 
Would  have  proved  a  dangerous  and  powerful  enemy. 
This  individual  was  the  son  of  an  Englishman  of  high 
respectability,  who  formerly  kept  a  school  at  Sorel.  He 
married  early  a  Canadienne,  and  settling  at  St.  Charles, 
the  hot-bed  of  democracy  in  that  section  of  the  country, 
and  being  possessed  of  talent,  intelligence,  and  energy, 
he  was  sought  out,  flattered,  and  caressed,  until,  at 
length  falling  into  the  snare,  he  became  the  tool  of  the 
factious  party — until,  hurried  on  step  by  step,  he  fell  a 
victim  to  ultra-liberal  opinions — and  having  had  leisure 
to  brood  over  his  follies  and  disappointed  ambition  as 
an  inmate  of  the  prison  at  Montreal,  died  within  its 
walls,  a  sacrifice  to  the  cowardice  and  ill-advice  of  his 
flatterers,  and  his  own  weakness. 

Doctor  O'Callaghan  may  rank  next  amongst  the 
list  of  factious  heroes.  This  gentleman  is  the  ci-devant 
editor  of  Louis  Papineau's  gazette,  mis-termed  *'  The 
Irish  Vindicator,"  and  the  coadjutor  of  the  traitor  chief 
in  every  thing  that  was  vile  and  miserable.  He  was 
first  known  in  Canada  as  the  apothecary  at  the  Mont- 
real Hospital,  which  place  he  left  for  Quebec — being 


62  HISTORY  OF  THE 


at  that  period  an  TJltra-Tory  in  every  sense  of  the  word. 
Having  persecuted  the  then  Governor,  Lord  Aylmer, 
with  constant  applications  for  lucrative  employment, 
without  success,  he  forsook  his  old  calling — dissatisfied 
and  inconsistent,  he  offered  himself  as  an  agent  for 
Canadian  agitation,  and  ultimately  succeeded  in  being 
appointed,  by  Mr.  Papineau,  editor  of  "  The  Irish  Vin- 
dicator," in  which  situation  he  catered  fully  for  the 
seditious  tastes  of  his  employer.  His  advance  was  after- 
wards as  rapid  as  his  fall.  Rewarded  for  his  democratic 
scribbling  by  a  seat  in  Parliament,  he  there  made  him- 
self conspicaous  by  taking  a  part  prominently  and 
diametrically  opposite  to  that  with  which  he  had 
hitherto  sided.  He  then  proceeded  with  his  patron  to 
the  action  of  St.  Charles  —  from  whence  he  accompa- 
nied him  to  his  secret  hiding-place  in  the  United 
States — and  neither  the  one  nor  the  other  have  since 
been  heard  of. 

Doctor  CoATES,  of  L'A(>\uie,  another  prominent  rebel 
the  chief  of  that  district,  is  a  man  of  about  thirty  five  r 
years  of  age,  and  a  member  of  the  Provincial  Parlia- 
ment. He  is,  howevei,  a  man  of  little  ability,  and  still 
less  personal  courage,  strength  of  mind,  or  fitness  io 
head  any  parly  ^whatever  —  but  is  a  fit  associate  for 
those  with  whom^he  has  connected  himself. 

Another  far  more  talented  individual  is  Mr.  Shore 
Milne  Bouchette.  He  is  the  son  of  the  Surveyor- 
General,  and  a  young  man  of  not  more  than  twenty- 
five  years  of  age,  of  courteous  and  distinguished  man- 
ners and  address.  If  it  may  be  termed  distinguishing 
himself  in  such  a  cause,  he  did  so;    for  he  fought 


MONTREAL  PRISON  63 

bravely  at  Missisquoi  Bay,  and  was  taken,  after  being 
severely  wounded  —  and  his  unhappy  late  may  be 
terminated  before  his  career  had  well  bea;un.  He  ip 
now  in  the  prison  of  Montreal ;  and  it  is  to  be  regretted 
that  one  so  promising  should  have  been  betrayed  into 
his  present  difficulties  under  promises  of  great  prefer- 
ment and  reward. 

GiROUARD  is  well  known  from  his  height,  which  is 
above  six  feet.  He  is  also  of  dark  complexion,  with 
jet-black  hair  and  eyes.  This  leader  is  by  profession  a 
notary,  and  has  always  been  known  as  a  thorough  Re- 
volutionist at  heart.  Since  his  deconifiture  at  Grand 
Brule  he  has  been  taken  by  Mr.  Simpson,  the  Collector 
of  Customs  at  Coteiu  du  Lac — who  is  step-father  to  Mr. 
Roebuck,  although  entirely  differing  from  him  in  poli- 
tical opinions. 

M.  DuMoucHEL,  of  St.  Benoit,  or  Grand  Brule,  is  also 
one  of  the  principal  promoters  of  the  rebellion,  which 
is  the  more  to  be  regretted  as  he  can  boast  of  more  than 
sixty  years  of  age,  many  of  wnich  he  has  passed  in  the 
bosom  of  his  family,  and  surrounded  by  the  most  peace- 
ful peasantry  in  the  world.  He  has  also  been  rich  in 
fortune  and  prosperity,  both  of  which  have  hitherto 
been  deserved  as  amassed  by  his  own  labours  and  hon- 
est exertions.  Alas  !  that  his  overwrought  Republican 
opinions  should,  at  the  close  of  a  long  life,  have  led  him 
to  commit  those  offences  against  the  law  of  his  country, 
which  must  terminate  in  his  own  ruin,  and  the  sacrifice 
of  his  valuable  property. 

GiROD,  frequently  confounded  with  and  mistaken  for 
Girouard,  was  a  Swiss.    He  went  to  Canada  about  six 


64  HISTORY  OF  THE 


years  ago  as  an  adventurer,  thrust  himself  upon  the 
notice  of  the  Government  as  having  imported  into  the 
province  a  new  system  of  agriculture  peculiarly  adapted 
to  the  Canadian  farmer,  and  requesting  assistance  to 
carry  his  plan  into  effect  ;  but  not  meeting  with  the 
encouragement  he  anticipated,  he  conceived  he  might 
turn  his  talents  to  more  advantage  by  joining  the  re- 
bels ;  and  being  unsuccessful  with  them  at  Grand 
Brule, the  retreated  to  Poiute  au  Tremble,  where  he  put 
an  end  to  his  republican  schemes  and  adventures  by 
blowing  out  his  brains. 

The  British  settlers  at  this  part  of  the  Montreal  dis- 
trict had,  from  the  commencement  of  the  revplt,  been 
so  persecuted  and  annoyed  by  the  Canadians,  nay,  even 
driven  from  their  homes,  and  that  during  the  most  in- 
clement season  of  the  year,  that  it  is  not  surprising, 
when  they  found  themselves  in  a  position  to  retaliate, 
they  should  have  inflicted  on  the  inhabitants  of  "  St. 
Eustache  "  and  "  Grand  Brule  "  that  severe  dogree  of 
retributive  vengeance  which  they  experienced  from  the 
hands  of  the  loyalists,  but  which  the  Queen's  troops  (to 
whom  have  been  falsely  attributed  those  acts  of  seve- 
rity) endeavoured,  with  their  wonted  forbearance,  to 
prevent.  True  it  is  that  the  small  force  under  the  orders 
of  Colonel  Wetherall,  at  the  battle  of  St.  Charles  on  the 
Chambly  River,  were  directed  by  that  gallant  officer  to 
follow  up  their  successes  by  those  decisive  and  rigo- 
rous measures  which  dictated  the  necessity  of  des- 
troying the  property  of  the  principal  traitors  in  that 
quarter  ;  but  when  we  consider  the  very  critical  situa- 
tion of  that  brave  and  little  band,  surrounded,  as  they 
then  were,  by  an  extensive  disaffected  population  march- 


MONTREAL  PRISON  65 


ing  upon  them  from  all  sides,  no  alternative  remained 
but  to  employ  such  measures  as  should  frighten  the 
traitors  from  their  rebellious  purpose,  which,  to  persons 
unacquainted  with  the  true  state  of  that  part  of  the 
country,  may  have  appeared  harsh  and  uncalled  for, 
yet,  upon  dispassionate  reflection,  must  be  deemed  both 
merciful  and  salutary,  resulting,  as  they  did,  in  staying 
the  progress  of  the  rebellion,  and  thereby  preventing 
that  effusion  of  human  blood  which  must  unavoidably 
have  ensued  had  the  warfare  been  protracted,  and  the 
deluded  habitants  not  have  retired  to  their  homes  as 
they  did,  and  that  very  rapidly,  on  learning  the  fate  of 
their  misguided  compatriots ;  besides  which,  it  has  been 
positively  ascertained,  that  had  the  expedition  under 
Colonel  Wetherall,  failed,  the  revolution  would  then 
have  been  complete,  as  the  entire  Canadian  people, 
flushed  with  the  check  the  troops  under  Colonel  Gore 
experienced  from  the  Patriot  force  at  St.  Denis,  were 
only  waiting  a  similar  result  at  St.  (Charles  to  rise  en 
masse. 

There  are  now  about  270  prisoners  in  the  Montreal 
prison  under  a  charge  of  high  treason,  among  whom 
are  some  persons  of  respectable  standing  in  society,  but 
who  have  long  been  among  the  most  active  partisans  of 
the  great  rebel  Papineau,  and  are  now  implicated  as 
concerned  in  the  councils  of  that  plot  which  was  to 
destroy  the  connexion  now  subsisting  between  Canada 
and  Great  Britain.  The  most  influential  person  of  this 
party  is  Mr.  Louis  Michel  Viger,  commonly  called 
"  Beau  Viger,"  from  possessinif  a  very  handsome  and 
prepossessing  person  and  mien.  He  is  about  fifty  years 
of  age,  a  lawyer  by  profession,  a  member  of  the  Provin- 


66  HISTORY  OF  THE 


cial  Parliament,  and  brother  of  the  Hon.  Denis  JB.  Vigor, 
well  known  at  the  Colonial  Office  as  a  Canadian  Am- 
bassador, and  to  be  remembered  by  those  Ministers 
whom  he  has  not  failed  to  fatigue  with  his  favourite 
theme  of  Canadian  grievances.  The  said  Mr.  Louis 
Michel  Viger  was  president  of  a  recently  established 
institution  in  Montreal  styled  '•  La  Banque  du  Peuple  ; '' 
whose  notes  were  peculiarly  stamped  on  blue  paper, 
and  inscribed  in  the  French  language,  for  the  purpose, 
as  it  was  stated,  of  causing  a  ready  circulation  of  money 
among  the  habitants,  who,  prior  to  the  formation  of 
this  institution,  re  fused  paper-money  of  any  des  .iptiou, 
but  subsequent  events  have  caused  it  to  be  suepcctc  d 
that  the  projectors  of  this  bank  had  a  deeper  scheiite  in 
view,  as  it  is  now  supposed  to  have  been  orii;  •  -  d 
for  the  purpose  of  according  facilities  to  the  rebel  i. 
and  Mr.  Louis  Michel  Viger  stands  now  (;om'it' ,  = 
charged  with  having  made  large  advances,  and  oti 
wise  assisted  the  rebel  cause.  There  is  also  in  compa!^); 
with  him,  in  the  same  prison,  Mr.  Come  Cherrier,  ?i 
lawyer  of  eminence,  and  member  also  of  the  Provincial 
Parliament,  a  young  man  of  promising  abilities,  but 
who,  unfortunately  for  himself,  has  employed  them  in 
the  cause  of  sedition  and  rebellion,  for  which  he  is  now 
under  confinement :  It  is,  however,  believed,  that  he 
has  been  betrayed  into  this  error  by  the  natural  bias  of 
attachment  to  his  uncle  Papineau.  But  among  the  ex- 
tensive group  of  accused  rebels,  there  is  one,  who  was 
arrested  at  Quebec  at  the  commencement  of  the  revolu- 
tion, more  specious,  artful  and  dangerous  than  any  of 
them.  This  person,  who  has  contrived  to  get  admitted 
to  bail,  is  Mr.  Arthur  Norbert  Morin,  the  last  missio- 
nary of  the  Canadian  faction  to  the  British  G-overnment 


MONTREAL  PRISON  67 


whose  evidence  before  a  committee  of  the  House  of 
Commons  on  Canadian  affairs  has  recently  appeared  in 
some  of  the  leading  public  journals  of  the  metropolis, 
and  who,  prior  to  his  mission,  had  the  daring  audacity 
to  appear  before  the  Governor  of  Canada,  with  the 
other  members  of  the  House  of  Assembly,  decorated 
with  a  tricolour  riband,  which  was  a  clear  indication 
of  the  revolutionary  principles  he  then  entertained,  and 
of  his  hostile  feelings  towards  Great  Britain.  The  pe- 
riod must,  however,  shortly  arrive  when  these  parties 
will  all  be  heard  in  defense  of  the  crimes  for  which 
they  stand  accused,  when  they  will  have  awarded  to 
them  that  justice  which  they  severally  merit." 

E.  R.  Fabre,  was  one  of  the  Patriots  who  was  impri- 
soned in  the  Montreal  Gaol.  He  is  the  father  of  the 
present  most  highly  respected  and  much  loved  Roman 
Catholic  Bishop  of  Montreal.  His  great  work  for  years 
was  the  looking  after  the  families  of  those  patriots  who 
were  in  exile.  He  died  calmly  during  the  dreadful  visita- 
tion of  the  cholera  in  1854  at  his  post  in  ministering  to 
the  sick  inhabitants  of  Montreal  a  martyr's  death,  and 
his  death  was  sincerely  regretted  by  all  classes  and  na- 
tionalities.  He  was  the  mayor  at  the  time  of  his  death. 

Dr.  Masson  and  Damien  Masson  were  two  brothers 
born  at  St.  Hyacinthe.  After  the  disaster  to  them  of  St. 
Eustache  they  at  last  found  themselves  at  Coteau  du 
Lac  where  they  were  informed  on  by  a  man — a  traitor 
to  the  cause — and  Col.  Simpson  arrested  them,  and  next 
day  conveyed  them  to  Montreal.  When  they  arrived 
in  the  prison  they  found  I'abbe  Blanchet,  cure  of  St. 
Charles,  who  had  been  arrested.  After  their  trial  tl.ey 
T/ere  bailed  out. 


68  ItlsrOKY  Of    7//A 


r.  Amiot  was  another  of  th(Me  who  were  confined  in 
the  Montreal  (iaol.  After  the  battle  of  St.  Charles  he 
wa8  arrested  and  placed  in  irons  and  conducted  to  the 
prison  of  Montreal  where  on  acroant  ot  ttie  damp,  bad 
air  and  confinement  he  liecam^*  ill.  and  ever  afterwarda 
anflered  the  eflecta  of  theae  privations. 


J^imeon  Mfgjl— ■■■it  wm  taken  pnaoner  with  Dr 
Ibiaon  after  the  battle  of  Si.  Char leii  After  aafferinf 
aatoid  hardship*  tor  day*,  he  waa  eMfItt  by  the  xo- 
ymArnm*  on  the  trontiem  and  condocted  to  the  Montreal 
ihmk.    Jlft«rwMr4a  he  waa  banmhed  to  B«*i 


Lm  Pair  aads    Th**)  \%4*re  brcrtherw    After  hmm^ 
iNutte  la  prMMMi.  Mr    Paosad    <mi<*  of  th«'  bnHlhprs 
lalMMml  Ml  \mm  0^m%  aar^tiaft  af  #l«.4f«'i    Tli* 
al  ImhI  waa  tlia  mmm  •»  ta  iIm  eaat  «f  tfia  iitfe  ptotho- 
aaMTf  TIL  Mahtri    Lirai.  i^lai  da  L^hVMa  a»d  Mr  L. 


MONTRhAL  PKISOA  69 

escape  by  crofesing  the  river  and  getting  away  on  the 
neighboring  side  into  the  woods  and  then  to  the 
States.  The  Montreal  water  works  never  were  applied 
to  a  better  purpose  than  in  the  now  plentiful  supply  of 
water  within  the  prison  for  culinary  and  cleaning  pur- 
potes.  Indeed  a  very  great  amount  of  the  decrease  of 
disease  and  filth  is  entirely  owing  to  the,  I  might  say, 
enperahundant  nm.  of  wftter  and  soap,  so  plentifully  ap- 
plied now-a-days  by  the  gaoler  Mr.  Payette  and  his  as* 
MUat.  When  the  sentinel  was  asked  for  the 
water,  be  refused,  but  thinking  better  of  it,  he  took  % 
cup  of  water  and  carried  it  to  Viger.  lie  took  the 
fobiet  and  threw  the  contents  in  the  fa«e  of  the  guard 
Fnnoaii  at  this  insuit.  th**  guard  diMcharged  hts  gun. 
the  ball  traverMBf  the  window  nil  of  Viger  s  cell.  fMOMd 
Mi  nt  mmm  dMtance  and  lodged  m  the  wall  of  tlint  of 
Mr  I  aciMla,  wh*  was  alio  iM|»naoned  at  thw  tiuM  as 
Mioof  tfM  I'M  riots  The  guard  bstrinf  thnurt  through 
h»  h,maA  IwMpmni  lb**  bars  to  mm  wltot  «AmI  tt£«  tbot 
iMd  4a««,  rMDeir««d  a  irefli**fido«i  M»iv  fima  ^TigpHr. 
wlio  ImhI  wiirf  a  b«ltk  mA  brwifiit  it4»«rn  wttli  nmIi 
aa  to  bf  ntfftm  mA  mmth  \m  mmm.  Am  iMf^l  hm 
ikMMiMM  ««mm4  a  frti>«<  rwinjan  Mb  dl«* 

iiOS    IBO  OnUMSmiMk.  1nkmKp**f9Mm,  #MOfViMMB  'O 

Vipv  $mr  km  mmmmmUL  tttmek  -    Most 
iif  fMlii  •  aUr  was  mmI*  ^r  ifeNi  •nlfvi  wt  ^  Pipwiy 

'  toflM»  l^ilpii- M  dhMMk  8# 


lii.iiHtf'a  «Mni  m  * 


70  HISTORY  OF  THE 

an  exile  to  Bermudas,  and  about  the  time  of  R.  Nelson's 
defeat  at  Odeltown,  in  1888,  he,  with  others,  had  re- 
turned from  Bermudas  to  the  United  States  and  again 
being  arrested,  8th  June,  1839,  he  was  tried  and  bailed 
out  fud  afterwards  became  a  "citoyen  paisible"  as  one 
account  gives  of  him. 

Major  Goddu,  was  one  of  the  exiles  to  Bermudas. 
After  the  battle  of  8t.  Charles  he  brought  back  his  men 
to  St.  C^saire,  but  very  shortly  after  was  arrested  by 
one  of  his  own  friends  who  was  a  Constitutionalist  and 
being  conducted  to  Montreal,  laden  with  chains,  was 
thrown  into  the  gaol  where  he  remained  till  2nd  July, 
1838,  when  he  was  sent  to  Bermudas. 

Andre  Oniuiet.  This  i'atriot  wan  one  of  the  very  first 
•abjects  of  arrest  o\  November  10th,  1837.  He  was  the 
President  of  the  "  Sons  of  Liberty  '  and  on  a^xount  of 
his  position  was  arretted  and  remained  for  eight  months 
in  jail.  He  waa  arref  *«Ni  the  same  day  an  the  late  Sheriff 
L^blanc.  H«  is  H.  tr  to  the  late  Premier  of  the  Pro- 
rince  and  no^  lfmiM«r  of  Pablic  Inatraction  for  th* 
I  'roviace  ol  <4ti«b«c,  tlM  Hon  hie  CKmUob  <  >ajauri,  L.L.D. 

Jalh«rt    Tb<*  trial  of  (  aptaaa  JaJ^Mirt  wm  on«  of  ttM 
xm%aitmAm%  fa  ^m  miiuUs  of  t]^  RabcUioa,  and  tli« 
«Mi  tn«d  by  Civil  C<Mift.tli«*  Comt  •f  Ktaff  §  R«Mdl 
Cl«  \\%»  Sff4  ^f  «f  lli  pi  Willi  r.  lift.  Im  mm 

ti«  tiim^lmtimm  m  tlM  C«0t  %mmm^  Mont 


MONTREAL  PKISOX  71 

Three  judges  sat  on  the  bench,  viz  :  judge  Gr.  Pyke, 
judge  J.  R.  RoUand  and  judge  S.  Gale.  Attorney  gene- 
ral Ogden  conducted  the  trial  and  with  the  celebrated 
Andrew  Stuart,  represented  the  crown.  Mr.  Walker 
and  Mr.  Chas.  Mondelet  were  retained  for  the  accused. 
The  jury  says  one,  was  composed  entirely  of  French 
Canadians.  Another  account  (Lemoine)  says  it  was 
composed  of  nine  French  Canadians  and  three  old 
country  men.  And  another  account  makes  it  eleven 
French  Canadians  and  one  old  countryman.  To  set  this 
matter  right  the  real  truth  is  that  the  jury  consisted  of 
eight  French  Canadians  and  four  Englishmen  as  is 
seen  with  their  names  further  down  this  sketch. 

Previous  to  this  date,  Mr.  C.Mondelet  had  put  into 
the  Court  of  Queen's  Bench — Criminal  side — a  motion 
withdrawing  Jalbert's  plea  of  "  not  guilty  "  and  snbtti- 
tuting  a  special  one  which  he  founded  on  the  general 
amnesty  ol  Lotd  I>urham  promulgated  on  the  2Hth  day 
of  the  previous  Jan(».  The  general  substiince  of  this 
special  plea  wa*  that  Lord  Durham  had  proclaimed  a 
^Beral  pardon  *XiA.  not  mentiontng  any  particalar  pri* 
•on«r'c  Bame«  to  whom  it  did  not  apply,  that  in  rirtoc 
cif  this  ordinaiKM*  th«  prisoner  Jalb«rt.  tbooigfa  accooMi 
III  tlM  Borcbr  of  Va*^mX.  Wctr.  wm  tnclnddd  in  th«^  mtt 
iiMty  M  i%m  pffMdaHMliMi  hadi  iMwn  approved  of  bf  H«if 
IHa|iKJilf  %mA  by  tf«r  fiprii— ti^y.  th«  Oovwraof  ^Hm^ 
mtk\mtitM.  Att**r  t  \m^  mA  mmmtmA  dn»rn>aiwi 
'llwiiM  Mr  ll<Hi4«»l«t  mik  tlMi  9tMail»r  <r«ii«»nii 
liMMrt.  tti#  wm0mfm  «•>  mjmUmk  Ih  tb#  fi 


72  IIISrOKV  OF  THE 

The  accusation  held  against  four  persons,  Jalbert, 
J.  Bte  Mailiet,  Joseph  Pratte  and  Louis  Lussier,  and 
was  divided  into  four  charges  :  1st.  That  the  prisoner 
Jalbert  had  carried  the  sword  of  the  deceased  Lieut. 
Weir  and  had  been  aided  and  abetted  by  the  other 
three.  2nd.  That  when  J.  B.  Mailiet,  had  the  sword  in  his 
hand,  the  prisoner  with  the  other  two  aided  and  assis- 
ted him  in  the  murder  of  Lieut.  Weir.  3rd.  That  when 
Joseph  Pratte  had  a  sw^ord  in  his  hand,  the  prisoner, 
with  the  other  two  aided  and  assisted  xn  the  murder  of 
Lieut.  Weir.  4th.  That  when  Louis  Lu^-sier,  had  fired 
a  gun  at  the  deceased,  Jalbert  and  the  two  others  were 
present,  aiding,  assisting  and  encouraging  in  the  com- 
mitment of  the  murder. 

The  other  three  mentioned  in  the  indictment  had 
fled  to  the   United  States.     As  an  historical  fact,  and 
especially  as  in  all  smaller  English  Canadian  Histories, 
very  little  is  told  us  ol  this  unfortuate  episode  of  the 
times  of  the  Rebellion,  I  will  give  the  Solicitor  gener- 
al'f  opening   remarks,    which   cle<»rly    and  succintly 
ttate  all  the  circumstances  connected  with  this  m«Un 
cboiy  affair      He  Mid    "  You    will  probably    recollect 
that  in  November   IH87.  j  delachfiKfit  *>\  \HH)\m  und*«r 
the   command  of  Col.   (lore,   marched    u|Min  Hi     lle- 
ni«.  \AmvX.  Weif  of  th*f  82nd  iC^^i^iment  of  Her  Me}«fit)r, 
wbich  v^M  then  •t»Uoii«d  in  Monlrt^ei,  reciftvifd  ordeiti 
to  go  t4)  ?*of«l  Ui  'Jtrrj  dMfMiti  h<*e  (or  Col  lioff    Umt^r 
tmmmd  to  rmmch  iM,  ttM«  M  th«t  •hort^'et  {fOMibii*   time 
Im  wmH  fe»y  Umd.  m  (he  C'^l    mmd  hut  iiiilif  mrm^    had 

LiMl  |W«ir.  kimi  s  wM»lm  1*0  ttiM  kmm  k»  CM 


MONTREAL  PRISON  73 

right  to  state  here  that,  at  the  distance  of  fonr  miles 
from  Sorel,  the  road  divides  into  two  branches,  one  of 
which  is  much  long"er  than  the  other,  Lieut.  Weir, 
presuming  without  doubt  that  Coi.  Gore  had  taken 
the  shortest  route,  passed  by  the  other  and  thus  missed 
him.  Going  along  this  way,  he  was  arrested  by  a  guar4 
and  brought  as  a  prisoner  into  the  presence  of  Dr  Nel- 
son. The  latter  then  gave  orders  that  he  should  he  sent 
as  a  prisoner  to  St.  Charles  under  the  charge  of  Jalbert 
and  others.  His  hands  were  then  bound  and  he  was 
mounted  in  a  waggon.  A  short  time  after  they  untie4 
his  hands.  Near  the  church,  Lieut.  Weir  jumped  oat  of 
the  waggon  and  is  struck  by  a  man  of  the  name  o^ 
Maillet  who  had  a  sword  in  his  hand.  Jalbert  who  at 
that  moment  was  on  horseback  and  had  a  sword  at  his 
side,  cried  out  "  kill  him,  kill  him,  the  desertt^r  "  At  th« 
same  instant  Jalbert  gave  him  a  cat  of  his  sword  un<J«ir 
which  th«  deceai»ed  fell.  The  others,  following  his  eg> 
ample,  lieut.  Weir  succambt^d  (o  the  vtorm  of  bUiwi 
that  fell  uptjn  him  The  band  standing  around  hiro,  1m 
breathed  agaai  when  one  of  them  ert*«d  out  with  akitij 
Toicc.  '  lie  i«  recovering,  hn  \n  recovttrtng  "  Th<f  prMo* 
Mr  At  the  bar  wa»  one  of  ihiMM'  who  b«*hev«fd  so  ^ 
■um  named  Lunnier  then  came  up  and  diM:hiiry«d  a 
(nn  or  n  pi«t4il  «{  ibede^MMvu    {$«v«ral  day*  niXmt  {\m 

•Agftf  eiaeitt  of  }h«*  tr(M»|Mi  llle  •llljM>fllMNI  SMmU  a  MMIf^Jl 
for  ill*  body  a«d  tbi'V  UamA  W  ai  m<im»  4hiImnmi  fiMMl 
tlk>  rir«r,e«v«fi4  with  v*.  uuu4«  and  imttkk^  «uiit«i«4'' 


TIni  ift«J  ^Milifittmj  MTrn  daft,  wMacHMit  %m  iImi 
mwm%  inoflf  •«<  »i  \m'\m  thai  iImi  <emmm 


If 


74  HISTORY  OF  THE 


times,  but  there  was  a  contradiction  in  the  case  of  Jal- 
bert  several  witnesses  affirmed  that  Weir  had  been 
killed  before  Jalbert  arrived  where  they  w^ere. 

From  the  records  taken  from  the  trial  of  C.  of  Q.  B.  I 
find  that  the  debated  point  of  the  composition  of  the 
jury  is  settled  once  and  for  all  by  the  following  being 
.the  sworn  jurors : 

Ktienne  Cournlle,  Charles  Lenoir  dit  Uoliand,  I'uscal 
Lemieux,  Edwin  Atwater,  Simeon  Lecomte.  Eiie  De- 
fe«v#,  Benjamin  Trudelle.  Amable  liesauteU,  iJaniei  Me- 
Kernher,  George  Kramer,  John  C'a«loite.  John  Maybell. 

Tk«  trial  continMina"  (M»Ten  days  or  ralli«*r  nom**  of  tli*« 
inry  4«tOTflMniiif  to  bring  in  a  verdK't  «»t  nat  f  ailty,  day 
by  4ay  r«>flUH>d  t<*  rome  to  an  anderMandiitf  ese*»fH  thai 
of  Ron  agrM'n«*fit  Oh  ?i«ittrday  th«'  7ih  iS«*pfeaib0r. 
^•«  of  lik*  Juror*.  Kdw  in  4iWAl«*r.  wan  indtapoard  and 
fii^atr«»d  r^frvshoN*!!!  T^  |ar<»r«>  ib«*ii  tminxfi^  tmtd, 
m9 .  attd  w«r#  kfciuf^  mip§m  ibf  a^i  a«d  all  I4«ti4i^. 
CHi  M— 4>y.  Mrt  ffi»p|'»g,  ilN»y  « «*?»  afam  »wi#f»d  to  m* 
INv  aM  I  tei  tbta  -  t!b>  itltowiii||  awatalibw  af»  ina^iyw 
ii  btrnp  tkm  fmry  m  thm  mm$  lillMnii  Mknu.  drmk    iM^ 


MONTREAL  PRISON  75 

Gale  were  present.  It  records  "  the  Court  at  fifteen 
minutes  before  twelve  or  midnight  desires  that  the 
Jurors  be  brought  into  Court,  "  and  the  jurors  unani- 
mously declare  that  they  have  not  agreed  upon  a  ver- 
dict nor  are  ever  likely  to  ag^ee. 

The  Attorney  general  and  the  prisoner's  Counsel 
"  having  declared  that  they  had  nothing  more  to  move" 
and  ''  the  term  as  fixed  by  law  for  holding  this  crimi- 
nal session  extending  only  until  midnight,  the  Court  at 
that  hour  quitted  the  Bench,  the  session  being  over  and 
the  Jar>'  was  discharged  ' 

In  a  few  mom^'ntn  no  i>«riMmii  wt;re  in  the  room  save 
Wand  th**  «raol««r,  and  the  pnson*^,  aad  Mr  .Schiller 
then  quiti*  a  yonng  man.  Jalb«ft  w  an  tak<«n  W-k  to  the 
prison  atid  mnm  diM-h«rff«*d. 

k  «NUMderahl«'  rwN  <?<  carr*^,  ••vfrai  of  th^  larors 
r^«iivtam  hard  bi<#ws,  and  •  dHachaMtni  »{  tli«  UttM4n 
«ad  a  lro«»p  of  txKmkf^  ai  ttH*   ith  HnsMn  mmm  wmm 
mrf  to  rmt»tm  m4m.    An  mm  wrttwr  qnamtiiir  rmwm&rkM 
tli#  H»*.    **  Li  ImIs  •••  dtmpmm  «t  amm  m 

in  (Mn  4m  mmm  fmfmimwm  fUkm  m  kfalt 


76  HISTORY  OJ-  7 HE 


CHAPTER  VIII. 


Frtaer's  sketch  of  the  mustering  of  I837.~lfarcb  of  the  Volunteers 
to  Lachine,  Sunday  4ih  NoveiolMr  1838.— Seizure  of  the  steamer 
Uen^y  'jrougham.—Vtriey  with  the  Indians  at  (Jaughnawaga.— Arrival 
at  Lacbtne.— March  to  the  Gaol— Hetum  to  Ijachiae. 

This  Chapter  will  be  devoted  to  a  short  sketch  from 
the  pen  of  Mr.  John  Fraaer  of  the  arrest  and  march  of 
the  Fatnota  to  Oaol,  4th  November.  1838,  etc. 

DnczMBKK,  IHm 

Th**T9  WM  a  tioand.  through  the  dark  and  narrow 
MreeiM  of  old  Mtmtreai  on  the  night  of  the  l>ith  Jjecem- 
her  1^37 


U  was  ihm  mnmd  of  tragiA  mm  mawt(*ring  i%4  km 
rjrtRf  in  wtkl  aonlo4Naai  aadi  wm4»r  t«arfai  ^veiUmmmi. 
dl  MBBHrtfVtoftff  ta  •  railf  t»f  pmm     Th«t  «M  CI 

4m 


MONTREAL  PRISON  11 


eight  o'clock  that  night  would  have  seen  a  horseman, 
one  of  the  Lachine  Troop  of  Cavalry,  so  well  known 
by  their  fierce  looking  bearskin  helmets,  dashing  along 
our  streets  at  a  mad  gallop.  The  guard  at  the  city  gate 
at  Dow's  brewery  was  no  hindrance  to  his  wild  speed, 
the  crossed  bayonets  of  the  four  sentries  posted  there 
were  cleared  at  a  bound.  His  uniform  being  known  to 
the  sentries  saved  him  from  a  passing  shot.  Then  down 
old  8t.  Joseph  and  Notre-Dame  streets,  at  the  same  wild 
pace,  to  the  Main  Gua':^d,  which  stood  nearly  in  front 
of  the  present  Court  House,  and  their  delivered  his  ver- 
bal  despatch  to  Major  Peaner,  commanding  ottic«'r 
of  the  day  in  command  of  Montreal,  m^ariy  a«  (oliows  : 
"  Th«^  rebels  have  escaped  from  Ht.  Kustache  and  am 
"  reported  advancing  in  force  on  Lacbinetocaptare  th** 
'*  arms  «tor«*d  there  for  the  frontit«r  voluiit««rs  "  Thlft 
d«»patrh  WM  deliver^  at  \\m  Main  (Inard  witbis 
thirty  minat^ii  afi«>r  the  tro«i(>«r  htd  ra<>iini»d  hi*  hor»» 
ai  L«cht««.    Th«  dist«nf:«  b«'ing  ov**r  *'\%\i\  iniliNi, 

TImm  UMm  WM  MiM  httrryinf  tm  Ul«  tlMMrta  <#f 
M<»ntr«»ftl  To  arstn  *  "  was  tlM  nry  ,  '  1%*  ratwit  mm 
at  ImM  TImi  •karm  hmll  r— f  ftM*  tmw  i«w  Ukm 
MgNMiaf.  rMclitAf  9^mty  wmk  mtA  tmwm  ^  1km  tUf 
w  a  &w  wmmi9m     Tk»^y  wmmmtltmA  wiita  «mM 

thm4^  am  mm  mia§    tW  wM  -T-ffTTii 

^^lHP|||f«Mi    Ai 


9  mm  wWK^fWK^ 


78  HISTORY  Of  J  HE 


the  space  of  two  hours  nearly  4,000  armed  men — vo- 
lanteers,  old  and  young,  merchants,  professional  men, 
clerks,  m^'chanicd  and  labourers,  (»t<iod  side  by  side  in 
their  ranks— shoulder  to  shoulder,  a  solid  mass  of  living 
valour,  ready  to  doth*»ir  duty. 

It  wiM  a  grand  sight  to  ■<»€  th**  muntering  s^inadik 
fJUling  in  and  taking  up  their  doubiequick  march  to  the 
rallying  point,  with  bugles  blowing  and  drums  l»eating 
•no'*an<;iBg  their  Mppr<Mi(;h,  bat  it  la  F«*gr**ttable  now 
to  think  that  mi  dir**  a  nt^**mtm%y  %r«t  ei tated  in  oar 
eoantry  Tb**  di^«T«»nl  T*^^ni*-n\m  took  np  tht'ir  lia**  of 
ttmtk  to  iIm*  twiiakirta  «f  th«*  r'lty.  and  prr»(v*4Ni<^i  aa  fsr 
•a  flM*  top  of  iIm  tmmmmm  IIiIUIh*  biirh  rond  to  Larhia**. 

tflo  i«MM  t«»4ir«^f  their  <Hiward 


MONTREAL  PRISON  79 


samed  the  direction  of  affairs,  the  Lachine  troop  and 
the  village  company  (captain  I^apanse's)  were  Si^nt  to 
the  front  or  advance,  half  a  mile  above  the  village,  to 
watch  and  to  report  the  rebel  advance.  The  three 
other  companies  of  foot  arrived  shortly  afterwards. 

The  fir*t  to  arrive  wa*«  <-aptain  Begley'x  rompany  from 
I.<ower  I.jM'hine.  The  writer  wan  with  thin  <  oinpany. 
Th^T  earn*'  m  at  donbje  c|nii-k.  nearly  a  mn.  and  Ibrmed 
opfMMita  LadamroeV  J*u«  h  a  «heer  ai*  2Teete<!  their 
mrival.  It  r»'!ii  th»*  very  air  Then  <  aptain  Caruii<-h»4'i, 
with  hi*'  •  omjMiny  frr»m  Tote  St  Paai.reanhctH  the  village 
bf  waf  of  the  haakfi  <>f  the  Ltwhiii**  Canal,  and  i{M«tty, 
explain  Charl*-^  <  rtm|Miny.  fr»»iD  <V»te  J*i  I'itrre  and  tb«» 
Tawmni**-  am-  >*d  ami  fbrawti  Mnid  a  deafemntr  <-h4^'f 
ttit  In  a»  tarn  (*ar  '•ye«  to  xhm  «**<  Lawifac**  What  a 
'-hawi'Mm'  nifiifc  wwi  %m  \m  iwrn  tlMtv  The*  rivrr  wan 
tiit<«liy  aMWPii  vMi  rmamm.  Iv«4T  wamnr  I  a  <  'aaiHi- 
w  f  ilMi.fitmr,  «sMainiiir  t«>  jmn  tW  L«i-ki»« 


flMP»  ff'iwwr  «#''<IMMiMl»  iNMH  t-lMi  Xisikhf  ImwI  <if' 
wImn  li  cpiwi«*4  tlM»  Mfffitnl  «l  \\m  XmMmk 

IwwiwI  «•  •■wm  nh  wMh  i^I'iwihiiii**'*'      wf  i^n  vn'iaiTi'  ||H[||^^ 
•*«-  ImMijiiiii  mmnA  mm  ^  wM  *^lmm»  ms^ii  m  ^mi 

'ami  Imp  mt^^  ^-  v«ti#v     f|p  luiiiiiliwiii  mmafi> 


80  HISTORY  OF  THE 


Spring  came,  summer  passed,  a  bountiful  harvest 
crowned  the  year,  and  the  chill  blasts  of  November  had 
again  made  fields  and  forests  bare.  Low  murmuring 
sounds  of  discontent  were  then  heard,  here  and  there, 
over  the  length  and  breadth  of  the  land,  something  like 
a  smouldering  volcano,  ready  to  burst  forth  at  any  mo- 
ment. On  Sunday  morning,  the  4th  of  November  1838 
— a  day  long  to  be  remembered  in  Canadian  history — 
the  standard  of  rebellion  was  again  raised  in  Lower 
Canada.  The  whole  south  side  of  the  St.  Lawrence 
was  once  more  in  open  rebellion.  The  principal  camps 
were  at  Beauharnois  and  Chateauguay, 

The  first  actual  outbreak  of  this  second  rebellion 
occurred  at  Beauharnois  on  Saturday  afternoon,  the  3rd. 
The  patriots,  as  they  called  themselves,  seized  the  mail 
steamer  Henry  Brougham,  while  on  her  way  downwards 
from  the  Cascades  to  Lachine,  and  the  passengers 
were  detained  as  prisoners,  among  whom  were  old 
Sheriff  Mclntyre,  of  Cornwall,  and  Duncan  Macdonald, 
of  Montreal. 

In  the  early  morning  of  Sunday  the  4th,  the  patriots 
of  Chateauguay  marched  in  force  on  Caughnawaga  to 
disarm  the  Indians.  The  Indians  were  attending  early 
Mass  in  a  small  chapel  half  a  mile  behind  their  village. 
The  chapel  was  surrounded  by  the  patriots.  They  said 
they  came  as  friends  to  have  a  parley.  The  Indians  ex- 
pressed surprise  that  friends  should  come  armed,  and 
asked  them  to  pil  'leir  arms  preparatoiy  to  a  friendly 
talk.  The  innoceni  ^  .triots  piled  their  arms— they  were 
immediately  taken  pos'^^'ssion  of  by  the  Indians.  Sixty- 
four  of  the  patriots  w  n-  made  prisoners,  eleven  more 


MONTREAL  PRISON  81 

were  secured  during  the  day,making  in  all  seventy-five 
prisoners.  The  rest  escaped  through  the  woods  to  Cha- 
teauguay. 

The  arrival  of  the  prisoners  at  Lachine  was  the  first 
intimation  there  of  the  outbreak  of  the  second  rebellion. 
The  Indians  of  Caughnawaga  crossed  the  riv»fr  with 
the  sixty-four  prisoners  and  landed  them  near  the  Wind- 
mill, close  by  the  old  French  parish  church,  just  at  the 
foot  of  the  cross  road  leading  to  Cote  St.  Paul.  This 
was  about  ten  o'clock.  The  people  of  Lower  Ijachine 
were  then  on  their  v\ray  to  attend  morning  service  at 
their  different  churches.  Fancy  their  surprise  !  Here 
was  new  work  for  them.  It  did  not  take  long  to  muster 
Captain  Begley's  Lower  Lachine  company  of  foot  and 
twenty  of  the  cavalry,  who  took  the  prisoners  in 
charge. 

The  line  of  march  was  soon  formed.  Instead  of  taking 
the  high  road  to  Montreal  by  the  way  of  Cote  St.  Pierre, 
the  march  was  taken  by  the  cross  road  through  Cote 
St.  Paul.  It  was  a  hard  tramp  of  three  hours.  It  had  ' 
been  raining  most  of  the  previous  week  ;  the  mud 
was  ankle  deep.  The  men  would  not  hear  of  an^  con- 
veyance being  provided  ;  the  prisoners  must  walk  it, 
they  said  ;  the  men  also  walked.  The  march  of  the  es- 
cort and  their  prisoners  through  Cote  St.  Paul  and  the 
Tanneries  caused  great  excitement.  By  the  time  it  reach- 
ed the  Tanneries  fully  one  hundred  stragglers  had 
joined,  not  exactly  comprehending  what  it  really  wa«, 
as  perfect  silence  was  maintened  in  the  ranks. 

News  of  the  incoming  prisoners  with  their  escort  had 
early  reached  the  town.    Their  numbers  were  swelled 


82  HISTORY  Or  THE 


by  hundreds  of  stragglers  on  their  onwards  course. 
The  leport  had  reached  Montreal  that  the  Lachine 
brigade  was  marching  in  full  force,  having  the  whole 
rebel  camp  of  Chateauguay  as  prisoners.  Such  was 
the  actual  report  that  reached  the  city  that  Sunday 
morning,  the  4th  November,  1838.  The  reader  of  this 
day  can  picture  for  himself  the  excitement,  hurry  and 
bustle  in  the  streets  of  Montreal  caused  by  this  report. 

Far  out  on  the  outskirts  of  the  city,  towards  the 
Tanneries,  the  escort  was  met  by  thousands  of  the  citi- 
zens. The  sight  that  met  their  astonished  gaze  was 
strange  and  new  to  them.  Here  was  a  large  body  of 
men  advancing,  having  been  largely  supplemented  by 
stragglers.  Ten  of  the  Lachine  Troop  rode  in  front  and 
ten  in  the  rear,  and  on  both  sides  were  thirty  men  of 
the  Lower  Lachine  company  of  foot,  having  the  sixty- 
four  prisoners  in  the  centre.  The  stragglers  who  had 
joined  were  totally  ignorant  of  the  whole  affair,  except 
the  fact  of  seeing  the  prisoners  and  their  escort.  The 
writer  was  one  of  this  escort. 

There  have  been,  time  and  again,  many  programmed 
processions  on  our  streets,  but  never  before  nor  sinc3 
that  day,  so  remarkable  a  procession  as  this  escort 
passing  along  the  streets  of  old  Montreal.  In  front  and 
in  rear,  as  steady  as  regulars,  rode  the  young  boys  of 
the  far-famed  Lachine  troop,  with  the  bearskin  helmets 
and  drawn  swords,  and  the  foot  company  on  both  sides 
with  fixed  bayonets,  guarding  and  protecting  the  pri- 
soners from  the  surrounding  excited,  and  enraged 
citizens.  They  moved  along  steadily  and  in  perfect 
silence. 


MONTREAL  PRISON  83 

Come,  young  Canadian  reader,  and  take  your  stand 
with  us  on  the  front  steps  of  the  old  French  Cathedral. 
Let  us  suppose  the  time  to  be  about  three  o'clock  on 
that  ever  to  be  remembered  Sunday  afternoon,  the  4th 
of  November  1838,  and,  in  retrospect,  let  us  cast  our 
eyes  up  Notre-Dame  street.  An  immense  crowd,  reach- 
ing back  to  McGrill  street,  having  no  flags  waving  nor 
drums  beating,  to  announce  their  approach,  is  slowly, 
solemnly  advancing,  in  funeral-like  procession  !  What 
is  it  and  who  are  they  ?  It  is  this  escort  from  Lachine 
with  their  .sixty-four  prisoners  wending  their  way 
down  to  the  then  "  New  Gaol "  with  thousands  of  the 
citizens  lining  the  streets  and  following  in  the  rear  ! 

It  was  a  sad  day  for  the  poor  prisoners,  all  ytmng 
men.  They  had  marched  out  from  their  camp  at  Cha- 
teauguay  in  the  early  morning  of  that  day  in  high 
hopes  and  full  of  life  and  vigor  !  They  were  now,  in 
the  afternoon,  on  the  way  to  be  enclosed  within  prison 
walls  !  Many  of  them  were  afterwards  liberated,  two 
of  them  suffered  the  extreme  penalty  of  the  law  for  the 
crime  of  High  Treason  !  and  three  was  exiled  to  Aus- 
tralia. 

It  were  well  if  we  could  draw  a  veil  over  those  dark 
days  and  darker  scenes,  and  blot  them  out  of  remem- 
brance.    We  cannot ! 

Wrongs  !  Yes,  grievous  wrongs  did  then  exist  in 
this  Canada  of  ours,  but  the  means  to  right  them  were 
misapplied  !  It  must  now,  however,  be  admitted  that 
out  of  the  seed  sown  broadcast  in  that  rebellion  there 
arose  over  and  above  the  ruins  of  the  Patriot's  Visionary 


84  HISTORY  OF  THE 


Republic  the  grand  structure  or  foundation  of  pur 
present  responsible  Government,  entombing,  or  casting 
to  the  winds,  all  family  compacts  or  other  obstructions, 
securing  to  Canadians  their  rights  !  And,  in  truth,  it 
may  be  said,  that  the  now  glorious  constitution  of 
United  Canada  had  not  its  birthright  under  the  smile 
and  sunshine  of  heaven,  but  it  was  cradled  and  nursed 
amid  the  rage  and  the  strife  of  fratricidal  foes  ! 

The  sun  had  gone  down,  and  that  ever  to  be  remem- 
bered Sunday  night — the  4th  of  November,  1888 — 
closed  in  darkness  over  the  unlighted  streets  of  old 
Montreal.  The  Lachine  escort,  after  delivering 
their  sixty-four  prisoners  to  the  goal  guard,  reformed 
for  their  rendezvous  at  Grant's  hotel,  on  St.  Henry 
street,  the  Montreal  headquarters  of  the  Lachine 
brigade,  to  partake  of  refreshments  preparatory  to  their 
return  march  home.  Ammunition  and  other  supplies 
were  there  waiting  them  to  be  conveyed  to  Lachine, 
which  they  took  in  charge. 

The  escort,  after  leaving  the  gaol,  had  over  ten  miles 
to  reach  home.  Rain  was  then  pouring  down  in  tor« 
rents.  That  march  is  as  fresh  in  the  memory  of  the 
writer  as  if  it  were  yesterday.  The  tramp  up  old  St. 
Mary  and  Notre  Dame  streets  was  a  tiresome  one  of 
two  miles  over  muddy  roads  to  Grant's  Hotel.  The 
streets  were  crowded  with  armed  men.  Guards  and 
pickets  were  being  posted  at  every  exposed  part  of  the 
city,  and  cannon  placed  at  every  avenue  leading  into 
the  country  and  facing  the  river. 

After  leaving  Grant  u  the  march  was  up  old  St.  Man* 
rice  street.    The  city  gate  at  Dow*8  brewery  clos&4 


MONTREAL  PRISON  86 

behind  ns  wiih  a  death  like  sound,  allowing  us  to  find 
oar  way  as  best  we  could  through  the  thick  darkness 
ahead.  There  were  no  macadamized  roads  in  Those 
days  ;  it  was  mud  under  foot,  mud  to  the  right,  mud 
to  the  left  of  us,  mud  everywhere,  and  thick  darkness 
ail  around  !  Worse  still,  at  any  moment  a  concealed 
enemy  might  be  met.  Every  few  minutes  a  cavalry- 
man dashed  past,  hailing  us,  with  despatches  to  or 
from  Montreal.  It  was  an  exciting  march.  Tired,  wet 
and  hungry,  the  escort  reached  its  headquarters,  La- 
flamme's  hotel,  Lachine,  by  10  o'clock  that  night." 


86  HISTORY  OF  THE 

% 
1.^- 


CHAin^EE  IX. 


Last  days  and  hours  in  the  Prison  of  Montreal  of  Cardinal,  Duquette, 
Robert,  Hamelin,  the  two  Sanguinets,  Decoigne,  Narbonne,  Nicolas, 
Daunais,  Uiudelang  and  UeLorrimier. 


This  Chapter  contains  the  melancholy  records  of  the 
troubles  of  1837-38. 

■■■■  ;n7. 

Cardinal  and  Duquette  were  at  the  head  of  the 
Patriots  who  went  to  the  village  of  Caughnawaga  to 
possess  themselves  of  the  Indians  weapons,  when  they 
were  arrested  on  the  4th  November  and  on  the  28th  with 
Lepailleur  condemned  to  die.  The  last  named  escaped 
the  gallows,  and  was  transported  to  Australia  but 
afterwards  returned  to  Montreal  where  he  still  lives. 

On  the  20th  December  from  his  cell  in  the  Montreal 
Prison,  Cardinal  wrote  amongst  other  things,  these 
words  to  his  wife  :  "  Demain,  a  I'heure  ou  je  t'ecris, 
mon  ^me  sera  devant  son  Createur  et  son  Juge.  Je  ne 
crains  pas  ce  moment  redoutabie.  Je  suis  muni  de 
toutee  ies  consolations  de  la  religion.  Oh  Dieu  ayez 
piti^  de  moi,  de  ma  femme  et  de  mes  enfants,  je  vous 
les  recommande,  veillez  sur  eux,  servez  leur  d'epoux  et 
de  pere  et  ne  tardez  pas  de  les  reunir  tous  avec  moi 
dans  votre  saint  paradis."  And  yet  such  is  ^he  height 
to  which  party  feeling  will  be  carried  during  times  like 
thof  e  of  which  we  are  now  writing  that  T)ie  Montreal 


MONTREAL  PRISON  87 


Herald  of  date  November  19th  1838,  thus  says  :  "  We 
have  just  seen  the  new  gallows  made  by  Mr.  Bronsdon 
and  we  believe  that  it  is  to  be  set  up  facing  the  prison, 
so  that  the  incarcerated  rebels  may  enjoy  a  sight  that 
doubtless  will  not  fail  to  assure  to  them  sound  sleep  and 
agreeable  dreams  !  Six  or  seven  of  them  can  be  strung 
up  at  once,  without  difficulty  on  the  new  gibbet,  but  a 
yet  greater  number  at  a  pinch,  would  it  accommo- 
date." 

G-reat  efforts  vrere  made  to  save  Cardinal  and  his 
wife  sent  a  most  touching  letter  to  Lady  Colborne.  It 
was  of  no  avail.  The  last  scene  of  bidding  adieu 
between  him  and  his  family  was  heart  rending  as  the 
Historian  of  this  period,  Mr.  L.  O.  David,  justly  says  in 
his  late  interesting  work  from  which  the  Author  here 
acknowledges  to  have  gained  as  from  former  works  of 
his  a  great  deal  of  information  :  "  Quand  I'heure  fatale 
de  la  separation  sonna  a  I'horloge  de  la  prison,  quand 
ils  se  donnerent  dans  un  long  sanglot  le  baiser  de  Vh- 
ternel  adieu,  ils  6taient  plus  morts  que  vivants." 

At  last  the  fatal  day  arrived.  It  was  a  gloomy,  cold, 
cheerless  morning.  The  sun  was  as  it  were  ashamed 
to  shine ;  massive  clouds  floated  like  funeral  trappings 
all  over  Montreal.  Nine  o'clock  arrived.  The  procession 
wended  its  way  from  the  condemned  cell  on  to  the 
scaflfold.  The  friends  of  the  prisoners  and  others  recited 
the  De  profundis.  One  great  cry  arose  from  the  assem- 
bled thousands  r<^  und  the  wa'ls  and  gate.  The  trap  fell 
and  Cardinal  was  launched  into  Etornity. 

Joseph  Duquette  had  a  more  tragic  end.  He  was 
quite  a  boy,  not  yet  21  years  of  age-  Every  thing  possi. 


88  .  '.  HISTORY  Of  THE 


ble  was  done  to  mitigate  his  sentence.  Even  the  Indians 
of  Caughnawaga  regretting  their  haste  arresting  Car- 
dinal and  Dnqnette  sent  a  beantifal  petition  to  Sir  John 
Colborne,  bat  in  vain,  he  suffered  the  same  day  as  Car- 
dinal. One  of  those  horrible  spectacles  sometimes 
seen  at  executions  happened  to  him.  The  cord  w^as 
badly  adjusted  round  his  throat  and  became  disaranged. 
They  saw  the  body  of  the  unfortunate  young  man 
swinging  from  right  to  left  and  strike  violently  the 
wood  work  of  the  scaffold.  Some  one  called  out  "pardon, 
pardon,"  but  this  was  of  no  use.  The  executioner  hardly 
knowing  what  to  do,  seizing  the  cord,  brought  back  the 
body  upon  the  scaffold  and  at  last  ail  was  over. 

On  the  20th  December  1888,  L.  F.  Drummond,  after- 
wards the  well  known  judge  Drummond,  sent  a  most 
pathetic  letter  to  H.  E.  Sir  John  Colborne  to  arrest  the 
execution  of  Cardinal  and  Duquette,  stating  therein 
that  they  had  been  illegally  condemned  and  proving 
the  facts  by  declaring  their  actions  during  the  uprising. 
Besides  the  last  named  was  not  a  major  in  the  eye  of 
the  law,  as  Duquette  was  not  21  years  of  8ge.  But  all 
seems  to  have  been  in  vain  as  they  both  suffered  ex- 
ecution. 

The  prisoners  Robert,  Hamelin  and  the  two  Sangui- 
nets  were  accused  of  having  taken  part  in  the  expedi- 
tion against  La  Tortue  and  the  death  of  the  unfor- 
tunate "Walker  and  for  this  they  suffered  death.  On 
the  18th  January  these  four  with  Decoigne  also  con- 
demned to  suffer  death  marched  with  steady  tread 
from  their  cells  to  the  scaffold  where  they  were  hanged 
in  a  TOW. 


MONTREAL  PRISON  89 


Decoigne  being  a  notary  public  made  a  short  speech, . 
acknowledging  it  is  said  the  justice  of  the  sentence  and 
dying  for  his  country. 

J.  J.  Robert  was  the  leader  of  a  band  of  insurgents 
who  on  the  3rd  Nov.  endeavored  to  disarm  the  Loyalists 
at  St.  Philippe,  St.  Constant  and  Laprairie  and  had 
besieged  the  house  of  Mr.  Walker.  He  was  a  farmer  of 
St.  Philippe.  His  position  and  character  and  age  were 
sufficient  to  make  him  a  leader  among  the  patriots  of 
his  parish.  He  had  long  been  an  admirer  of  Papineau 
and  was  one  of  the  first  who  had  remitted  to  the  autho- 
rities his  commission  as  a  captain  of  militia.  On  the 
morning  of  his  execution  he  consoled  his  companions 
in  the  condemned  cell  and  prayed  both  for  them  and 
for  his  country.  Efforts  were  made  for  a  respite  of  his 
sentence  by  his  friends  on  account  of  his  age,  but  in 
vain. 

F.  X.  Hamelin,  was  a  lieut,  in  the  company  of  which 
Eobert  was  captain.  He  had  taken  an  active  part  in 
the  attack  of  Mr.  Walker's  house,  when  "Walker  was 
killed.  Hamelin  was  quite  a  boy,  not  more  than  18 
years  of  age  and  as  in  the  case  of  Robert,  strenuous 
efforts  were  made  to  save  him  on  account  of  his  youth, 
but  all  in  vain.  Frightened  at  first  with  the  fear  of  death, 
he  afterwards  maintained  a  calm  demeanour  during 
all  the  fearful  preparations,  and  having  received  the  last 
rites  of  the  Church  and  pitied  by  every  one  he  bravely 
died,  as  he  firmly  believed  in  the  discharge  of  his  duty 
and  for  his  country. 

The  two  Sanguinets.    They  were  brothers  and  be- 
longed to  one  of  the  oldest  and  most  respectable  fami- 
7 


(      <  ■     ■ 

B9  ///STORY  OF  THE 


lies  in  Ihe  country.  Their  father  was  the  proprietor  of 
•the  Seigniory  of  Lasalle  in  the  county  of  Laprairie.  The 
-father  lost  all  by  law.  The  sons  had  been  active  ever 
against  the  government  and  by  their  energy,  the  unfortu- 
nate Cardinal  had  been  returned  as  Member  for  their 
county.  Both  were  married  now  and  highly 
esteemed  by  their  fellow  citizens.  The  one  was  called 
Ambroise  and  was  38  years  old  when  he  suffered,  the 
4E>ther  Charles  was  36.  They  were  both  in  the  company 
of  Robert,  one  as  captain,  the  other  as  lieutenant. 

Decoigne  was  a  notary  of  Napierville,married,  and  24 
years  of  age.  He  was  condemned  on  account  of  being 
ene  of  the  chiefs  in  the  camp  of  the  patriots  at  Napier- 
yille.  Expecting  to  escape,  as  the  proof  against  him 
-fsras  feeble,  he  received  the  news  on  the  12th  January 
in  prepare  to  die  on  the  18th  with  calm  resignation  and 
Oh  that  day  he  expired  as  the  others,  fortified  by  the 
?ites  of  his  Church  and  the  feeling  that  what  he  had . 
done  was  for  his  country. 

Again  the  scaffold  receives  five  more  victims  of  this 
unfortunate  rising.  There  were  in  prison  at  this  time 
besides  these  five,  many  others,  such  as  Dr.  Brien,  L. 
Pumouchel,  T.  Rochon,  J.  Goyette,  F.  X.  Prieur,  Joa. 
j^attier,  J.  Laberge,  F.  X.  Touchette,  etc. 

The  names  of  the  last  batch  who  vindicated  their 
4)atriotism  on  the  altar  of  their  country  were  Narbonne, 
•H^icolas,  Daunais,  Hindelang  and  DeLorimier.  At  their 
■execution,  15th  February  1839,  another  of  those  dis- 
gusting spectacles  happened  as  in  the  case  of  poor 
•Duquette.  When  the  rope  was  placed  round  the  throat 
'Of  l^aidonne  and  the  execution  about  taking  pJ ice,  on 


MONTREAL  PRISON  91 

account  of  one  of  his  arms  having  nearly  been  cut  off 
when  a  child  and  the  executioner  having  neglected 
sufficiently  to  secure  the  other,  the  poor  soul,  when  the 
trap  fell  (his  arms  becoming  loose)  seized  the  cord  and 
suspended  himself  both  by  his  mained  and  whole  arm. 
Twice  they  had  to  let  go  their  hold  and  twice  Narbonne 
seized  the  cord.  At  last  after  this  bungling  and  sad 
spectacle,  death  kindly  came  and  terminated  his  suf- 
ferings. 

At  the  same  time  wab  executed  a  Quebecker  named 
Nicolas.  After  the  battle  of  Odeltown,  he  was  taken 
prisoner, when  he  had  wandered  nearly  halfstarved  and 
frozen  into  a  miserable  cottage  and  sent  under  a  strong 
escort  to  the  gaol  of  Montreal.  Having  been  condemned 
he  was  executed  with  the  other  four  on  the  15th 
February,  1839. 

On4he  18th  January,  v/hen  he  arrived  at  the  prison 
of  Montreal,  he  passed  under  the  gallows  where  a  few 
hours  before  the  five  unfortunates  and  his  friends 
Decoigne,  Robert,  the  two  Sanguinets  and  Hamelin  had 
been  executed.  One  of  the  guards  then  said  to  him : 
"  Look  at  the  ropes,  one  of  them  is  waiting  for  you. " 
Nicolas,  quickly  replied  :  "  I  will  die  as  I  have  lived, 
a  Patriot.  "  Only  eight  hours  elapsed  from  the  arrest 
of  Nicolas  till  he  was  courtmartialed  and  condemned 
to  death.  He,  on  the  15th  February,  mounted  with  his 
companions  the  steps  of  the  scaffold  with  a  firm  tread 
and  when  on  the  platform  spoke  to  the  crowd,  the 
substance  of  which  has  been  much  debated  about  ever 
since.  Some  say  he  expressed  regret  at  the  part  he  had 
taken  in  the  rebellion,  whilst  others  say,  according  to 


92  HISTORY  OF  THE 


all  trustworthy  accounts  his  last  words  were  the  follow- 
ing :  *•  Je  ne  regrette  qu'une  chose,  c'est  de  mourir 
avant  d'avoir  vu  mon  pays  libre,  mais  la  Providence 
finira  par  en  avoir  piti§,  car  il  n'y  a  pas  un  payo  plus 
mal  gouverne  dans  le  monde.  " 

Daunais  was  only  20  years  of  age,  and  in  the  last 
hours  of  his  life  was  calm  and  silent  and  endured 
without  a  murmur  and  died  without  a  struggle. 

Charles  Hindelang  was  the  only  Protestant  among 
the  twelve  who  suffered  death,  during  these  times,  by 
execution  at  the  Montreal  G-aol.  He  was  not  a  French 
Canadian,  but  came  from  Paris.  Originally  Swiss  and 
for  a  long  time  residing  in  the  Capital  of  France.  After 
the  affair  of  Odeltown,  Hindelang  was  taken  prisoner 
and  thrown  into  the  Montreal  Gaol,  and  on  the  24th 
January,  condemned  to  be  hanged,  but  he  was  not  exe- 
cuted for  three  weeks  afterwards  as  he  was  one  of  the 
five  hanged  15th  February. 

We  find  the  evening  before  their  execution  the  five 
prisoners  obtained  permission  to  give  a  banquet  to 
their  other  unfortunate  compatriots  confined  in  the 
Gaol.  Hardly  any  one  ate  much,  for  their  hearts  were 
overcharged  with  sorrow  and  it  was  indeed  a  sad  and 
melancholy  scene.  After  supper,  dc  Lorimier  said  these 
words  :  "  Ma  patrie,  puisse-t-elle  ne  jamais  oublier  que 
nous  sommer  morts  pour  elle  sur  I'^chafaud  !  Nous 
avons  v6cu£  vr\  patriotes  et  nous  mourrons  en  patriotes  f 
A  has  les  tyrans  !  Leur  rdgne  achdve.  " 

Hindelang,  also  spoke  and  in  the  course  of  an  elo- 
quent harangue  he  burst  out  and  said  :  "  Oh  France 


MONTREAL  PRISON  93 

ch^rie,  tu  as  re^u  mon  premier  soupir,  ton  fils  qui  va 
monrir  demain  snr  une  terre  ^trangere,  t'aime  toujonrs." 
On  the  morning  of  the  15th  February,  as  he  was 
busy  writing  what  he  would  say  on  the  scaffold,  at  8 
o'clock  the  officials  entered  his  cell  and  told  him  that  the 
hour  had  come  for  his  execution.  *'  Oui — replied  he — 
je  suis  pret,  accomplissez  votre  ceuvre  inf^me, "  When 
he  left  his  cell  he  saw  his  friend  de  Lorimier  who 
called  to  him  :  "  Courage,  my  friend,  the  end  draws 
near, "  when  Hindelang  replied  :  "  Death  is  nothing 
for  a  Frenchman. " 

The  prisoners  then  bade  adieu  to  all  their  comrades 
and  companions  and  with  firm  steps,  marched  on  to  the 
scaffold.  De  Lorimier  leading  the  double  band,followed 
immediately  after  by  Hindelang,  then  Nicolas  and  Nar- 
bonne  and  last  the  youthful  Daunais. 

A  great  crowd  lined  all  the  streets  and  avenues 
leading  to  the  gaol.  Whilst  very  many  wept,  others 
positively  laughed  at  the  awful  spectacle. 

Arrived  on  the  scaffold,  when  all  w&s  ready,  Hiiide- 
lang  addressed  the  crowd  in  these  words  :  "  Sur  oet 
^chafaud,  61ev6  par  des  mains  anglaises,  je  declare  que 
je  meurs  avec  la  conviction  d'avoir  rempli  mon  devoir. 
La  sentence  qui  m'a  condamn6e  est  injuste,  mais  je 
pardonne  volontiers  a  ceuz  qui  Tout  rendue.  La  cause 
pour  laquelle  je  meurs  est  noble  et  grandej'en  suis  her 
et  ne  crains  pas  de  mourir.  Le  sang  vers^  pour  elle 
sera  rachete  par  le  sang.  Puissent  les  coupables  en 
porter  la  responsabilitd  !  Ganadiens  en  vous  disant 
adieu,  je  vous  Idgue  la  devise  de  la  France  :  "  Vive  la 
liberty!" 


94-  HISTORY  OF  THE 


Hiftving  pronounced  these  words  with  a  lond  and 
firm  voice,  he  was  kitinched  into  eternity.  His  body 
it  is  believed  was  buried  in  the  MiUtary  burying* 
ground  on  the  Fapineau  Boad.  Hindelang  wa» 
escorted  to  the  scaffold  by  the  late  Revd.  John  Bethune, 
D.D.,  his  spiritual  adviser,  who  remained  till  the  last. 

DeLorimier  was  the  last  of  the  five  executed  this  day. 
He  was  a  native  of  Montreal,  his  family  a  noble  one 
and  one  that  remained  in  Canada  when  it  became  a 
British  Province.  After  Napierville,  he  was  arrested 
and  brought  to  the  Montreal  gaol  on  foot,  where  he 
was  tried  by  Court  Martial  and  condemned  to  be 
hanged.  This  sentence  was  carried  out  on  the  fatal  15th 
February.  When  he  was  about  to  go  to  the  scaffold  he 
gave  Frieur,  a  lock  of  his  hair,  that  was  contained  in  a 
letter,  which  read  thus  : 

Prison  de  Montreal,  15  F^vrier  1839. 
Cher  Prieur, 

VoU8  me  demandcz  un  mot  pour  souvenir.  Cher  ami,  que  voulez-vous 
que  je  vous  6crive,  je  pars  pour  I'ecbafaud.  Soyez  courageux  et  je  meur» 
Totreami.  Adieu. 

Chbvaliir  db  Loriuikr. 

At  a  quater  to  nine  o'clock  DeLorimier  parted  with 
Hindelang  in  the  presence  of  the  Jailor,  military  officers 
and  several  soldiers,  he  saying  to  the  executioner: 
"  I  am  ready."  He  mounted  the  scaffold  with  a  firm  step 
and  when  Hindelang  had  finished  his  address  with  the 
words  "  ive  la  libertfe,"  he  nodded  his  head  in  appro- 
val of  the  seniiments  and  almost  immediately  after  the 
sign  was  given  and  the  trap  fell  and  the  five  unfortn* 
nates  wore  launched  into  eternity. 


MONTREAL  PRISON  95 

A  letter  written  to  his  wife  at  seven  o'clock  of  thet 
^lorning  of  the  day  of  his  execution  was  for.nd  on  his* 
heart  after  he  was  cat  down,  full  of  love  and  heroiiy 
sentiments,  the  last  paragraph  of  which  id  given  a^  », 
sample  of  the  whole  :  "Sois  done  honreuse,  ma  chere  etv 
panvre  femme,  ainsi  que  mes  chers  petits  enfants,  c  estt 
le  voBU  le  plus  ardent  de  mon  lime.  Adieu  ma  tendre 
femme,  encore  une  fois  adieu  ;.  vis  et  sois  heureup e. 
Ton  malheureuz  mari. 

Chevalier  de  Lobimieb.    . 

I  cannot  close  this  imperfect  sketch  of  the  lasti^' 
sufferer  on  the  scaffold  for  1837-38,  without  just 
stating  that  within  the  past  year  or  two,  Colborne* 
Avenue,  next  the  jail  has  had  its  name  changed  to 
DeLorimier  Avenue,  after  the  Chevalier  DoLorimier. 
Sir  John  Colborne  is  often  spoken  about,  especially 
at  St.  Eustache,  after  the  disastrous  engagement,  per- 
haps our  fellow  French  citizens  had  this  in  view  when 
they  changed  the  name  of  the  Avenue. 

A  beautiful  monument  has  been  erected  in  the  Eomnn^ 
Catholic  cemetery  of  Cote  des  Neiges,  to  their  memory, 
and  to  the  lasting  praise  of  our  French  Roman  Catholic* 
fellow  countrymen,  Hindelang's  name  is  as  conspicnoust 
(although  a  Swiss  and  Protestant)  as  any  of  the  others.; 
On  the  four  sides  of  the  splendid  column's  pedestal  are* 
engraved  mementoes  of  this  melancholy  epoch,  recor-' 
ding  also  the  names  of  C.  O.  Perrault,  who  figured  then,, 
an  advocate  and  member  of  Parliament,  and  J.  O.  Ch6-' 
nier,  a  physician  who  fell  at  St.  Eustache. 

The  oration  on  the  occasion  of  the  inauguration  of 
the  monument  wae;  pronounced  by  the  present  worth]| 


96  HISTORY  Of  THE 


Chief  Jastice  Sir  (then  the  Hon'ble)  A.  A.  Dorion,  and 
iTpecches  were  also  delivered  by  Mr. Wilfred  Dorion  and 
Mr,  Hector  Fabre.  Thus  rest  till  the  Great  Day  of  final 
indgement  these  twelve  Patriots  of  1837-38.  Let  the 
prayer  be  softly  said  over  them,  Requiescat  in  Pace,  and 
let  us  all  ever  bear  in  mind,  the  saying  of  one  of  the 
eminent  Latin  writers,  '*  Pulchrum  est  mori  pro  patrid.** 

I  will  close  this  chapter  with  an  account  of  what 
took  place  exactly  forty-four  years  after  DeLorimier 
had  written  those  beautiful  words  in  his  last  letter  to 
his  wife,  the  night  before  he  was  hanged  and  when  he 
penned  :  "  O  mes  compatriotes,  je  vous  confie  mes  en- 
fants.  Je  meurs  pour  la  cause  de  mon  pays,  de  votre 
pays,  ne  soufirez  done  pas  que  ceux  que  je  suis  oblig§ 
de  quitter  souffrent  de  la  pauvret6  apres  ma  mort." 

And  how  though  tardily  this  was  done  was  seen 
when  an  article  appeared  in  1883  in  La  Tribune  of 
Montreal  making  public,  that  the  widow  and  two 
daughters  of  DeLorimier  were  living  in  proverty  and 
want  at  the  beautiful  village  of  L'Assomption  about 
twenty-four  miles  from  Montreal.  The  effect  was  elec* 
trical  and  stirred  up  the  heart  of  the  French  community 
to  the  very  core  and  under  the  presidency  of  Mr.  L.  O. 
David,  Mr.  Louis  Frechette,  the  poet,  being  vice-presi- 
dent, and  our  own  present  energetic  Mayor,  H.  Beau- 
grand,  Esq.,  as  secretary,  subscriptions  were  soon 
raised  and  a  trip  taken  to  the  village  where  an  address 
and  a  large  purse  of  money  were  given  to  Madame 
DeLorimier.  Among  the  chief  promoters  besides  the 
above  three  gentlemen  were  MM.  Archambault,  Saint- 
P  erre,  Ddseve,  Mde.  Saint- Pierre  and  Melle.  Peltier. 


MONTREAL  PRISON  97 


CHAPTER  X. 


Ool.  Gugy.— Louis  Frechette. — Letter  of  Dr  Wolfred  Nelson.— Names  of 
persons  incarcerated  in  the  Montreal  Gaol  as  political  offenders  in 
1837.— Copy  of  commitment  of  the  lale  Sheriff  Leblanc. — Order  of 
Sh<»rifr  St.  Ours.- C.  S.  Cherrier.— Copy  of  deposition  of  Thos.  Wood. 
Arrest  of  Jalbert,  for  the  murder  of  Lieut.  Weir. — Copy  of  arrest  of  Dr. 
Wolfred  Nelson.— Order  anent  letter  writing  by  the  prisoners.— Order 
of  A.  Duchainay,  Oep.  Sheriff. 


One  of  the  most  public  men  on  the  Gonstitational 
side  was  Col.  G-agy,  although  much  abused,  he  yet 
rendered  important  service  to  both  sides  and  the  depo- 
sitions of  several  Car6sof  country  parishes,  either  near 
or  in  the  midst  of  the  dissatisfied  districts  cf  1 837*1838, 
testify  i(i  his  generous  disposition  and  noble  charity 
and  kindness  of  feeling.  In  no  instance  did  this  appear 
more  so  than  in  the  case  of  Louis  Frechette  and  we 
must  remember  that  Col.  Gugy  at  St.  Eustache  was 
severely  wounded,  or  as  he  himself  tells  us  :  "  "When  I 
entered  the  Church,  it  is  notorious  that  I  was  there 
struck  by  a  musket  ball  fired  by  a  Patriot.  It  passed 
through  both  my  shoulders,  at  that  moment  a  soldier  of 
the  regiment  which  I  had  led  to  the  assault  and  which 
I  had  necessarily  preceded,  seeing  that  I  was  wounded 
drove  his  bayonet  into  my  breast. " 

Hear  what  Louis  Frechette  himself  says,  in  a  deposi' 
tion  dated  St.  John's,  14th  February,  1856. 


96  HISTORY  OF  THE 


"  In  1838  I  was  arrested  at  St.  John's  and  sent  as  a 
rebel,  under  an  escort  of  armed  volunteers,  to  the  Mont- 
real Gaol.  On  board  the  steamer  crossing  from  Laprai- 
rie,  an  English  gentleman,  who  was  unknown  to  me, 
seeing  the  state  of  affliction  1  was  in,  asked  me  what 
the  matter  was,  and  what  he  could  do  for  me.  I  told 
him  I  was  so  unfortunate  as  to  be  a  prisoner  charged 
with  high  treason,  threatened  with  trial  by  Court 
Martial  and  with  banishment.  I  begged  of  him  to  ^,o 
to  Colonel  Grngy  and  state  this  to  him.  I  must  say  thai 
I  had  never  then  seen  the  Colonel.  I  had  never  had 
anything  to  do  with  him  and  knew  him  merely  by 
reputation.  He  had  been  represented  to  me  as  a  kind 
hearted  and  compassionate  man.  This  was  all  I  knew 
of  him,  and  without  knowing  the  reason  why,  I  thought 
he  would  interest  himself  in  my  behalf,  although  I  was 
a  stranger  to  him.  These  were  the  reasons  why  I 
applied  to  him  :  and  I  could  not  do  otherwise,  my 
countrymen,  and  my  friends  in  particular,  being  on  the 
same  side  as  myself,  they  could  be  of  no  use  to  me. 

The  strange  gentleman  did  not  foi^et  me,  and  I  was 
hardly  lodged  in  gaol  when  Colonel  Gugy  came  to  mc. 
After  making  a  patient  enquiry  into  my  case,  he  ordered 
the  gaoler  to  release  me.  I  was  thus  returned  to 
my  family,  but  what  was  my  despair  when  1  was 
arrested  a  second  time  and  sent  to  Montreal  charged 
with  high  treason.  The  armed  volunt(3er8,  who  were 
keeping  guard  over  me,  appeared  to  take  a  brutal  plea*^ 
sure  in  frightening  me,  and  talked  in  a  free  and  easy, 
way  of  shooting  me.  Being  again  shut  up  in  the  Mont- 
real gaol,  I  did  not  delay  in  making  my  situation 
known  to  Colonel  Gkigy,  He  casne  to  the  gaol  a  seconds 


MONTREAL  PRISON  99 

time,  and  soon  became  satisfied  taat  I  was  persectited 
by  personal  enemies.  My  sniferiags  produced  upon 
Mm  the  effect  which  I  expected,  and  as  he  was,  at  the 
time,  entrusted  with  great  power,  he  caused  my  prison^ 
doors  to  be  opened  a  second  time.  On  this  occasion  he 
gave  me  a  passport  prohibiting  all  parties  whomsoever 
from  arresting  me,  unless  for  an  offence  committed 
subsequently.  My  personal  liberty  is  therefore  due  io 
two  men  who  were  entire  strangers  to  me.  I  have 
only  seen  Colonel  Gugy  once  since,  but  I  have  never 
seen  the  generous  man  who  spoke  to  him  in  my  favor." 

All  manner  of  false  reports  in  after  years  were  cireu- 
Ikted  relative  to  the  action  of  Col.  Gngy  who  went 
with  Col.  Gove  and  especially  at  St.  Denis.  Dr.  W.  Nel- 
son himself,  and  he  was  no  mean  authority,  thns  wrote 
years  afterwards,  and  after  he  had  beep.  Mayor  of 
Montreal  and  was  then  Inspector  of  Prisons  : 

"  I  shall  ever  deem  it  a  sacred  duty  to  exculpate  you 
of  cruel  conduct  while  on  the  River  Chambly,  especially 
at  St.  Denis  where  my  wife  and  family  were  subjected 
to  much  ill-treatment,  as  well  as  other  parties,  and  who 
would  have  been  made  miserable,  if  not  rendered  ^ 
totally  destitute,  but  for  your  manlp,  kind.  Just,  nay, 
trulp  philanthropic  interference.  I  have  heard  of  many 
other  instances  of  your  benevolent  deportment  at  that' 
memorable  period  ;  not  the  last  of  which  was  your 
refusing  to  fill  the  gaols  with  every  individual  who 
was  denounced  by  the  pretended  friends  of  the  Govern- 
ment. Your  excellent  judgment  and  natural  prespi* 
eacity,  however,  led  you  at  once  to  form  a  correct  esti- 
mate  of  the  motives  by  which  the  real  enemies  ol  the 


100  HISTORY  OF  THl 


Qt)vemment  and  society  wer«  actuated,  and  by  your 
judicious  and  vigorous  measures,  you  saved  many  per- 
sons from  utter  ruin,  and  a  greater  number  from 
extreme  distress  and  misery. 

A  man  vrho  has  thus  demeaned  himself  cannot  be  a 
bad  man  ;  but  on  the  contrary,  must  be  endowed  with 
a  good  heart  and  clear  head. 

Personally,  I  certainly  know  nothing  at  all  to  your 
disadvantage  ;  and  I  can  never  forget  the  protection 
you  afforded  to  my  family,  when  almost  every  one  else 
had  the  cowardice  of  discountenancing  them ;  but  you, 
a  high  government  officer,  who,  if  any,  would  have 
been  suspected  of  severity,  were  kind  and  obliging. 
Never  shall  I  forget  these  services,  the  spontaneous 
outpouring  of  a  manly  and  liberal  mind.  " 


In  beginning  my  search  among  the  old  piles  of  papers 
of  commitments  sinc6  1835,  to  the  present  day,  consist- 
ing of  thousands  of  such,  the  very  first  on  which  I 
placed  my  hand  was  the  bundle  of  1837.  I  was 
anxiously  looking  for  it,  and  as  soon  as  I  found  the  file 
for  November  of  that  year,  I  met  with  that  of  our  late 
sherifif  Leblanc.  On  the  back  of  said  paper,  tabulated, 
is  thus  written ; 

Received.  16th  November  1837. 

Commitments  of  Ohas.  A.  Leblanc,  Jean  Dubuc,  Ama- 
ble  Simard,  G^eorge  DeBoucherville,  Andr6  Ouimet, 
Fran9ois  Tavemier. — "  High  Treason." 

T.  Peitn,  J.  P. 


MONTREAL  PRISON  ICH 

The  first  on  the  list  is  that  of  oar  late  sheriff  and  the 
doctiment  thns  reads,  the  original  having  the  Eoyal 
Arms  on  the  top  and  Peace  left  hand  side  of  the  same 
and  Office  on  the  right  in  large  printed  Eoman  letters. 

Diitrict  of  TURTON  PENN,  Esq. 

Montreal  One  of  the  Justices  of 

Seal.  Oar  Lord  the  King 

assigned  to  keep  the  peace  within  said  District. 

To  the  keeper  of  the  Common  Gaol  of  the  said  District 

Greeting. 

Whereas  Charles  A.  Leblanc,  of  Montreal,  gent- 
leman, stands  charged  with  crime  oi  High 
Treason. 

These  are  therefore  to  authorize  and  command 
yoa  to  receive  into  yoar  custody  the  said 
Charles  A.  Leblanc  and  him  safely  keep,  for 
examination. 

Given  under  my  hand  and  seal  at  Montreal  this  16th 
day  of  November  in  the  1st  year  of  Her  Majesty's  reign, 

TuRTON  Penn,  J.  P. 

I  find  on  the  17th,the  next  day, were  committed  Jean 
Francois  Boss6  Lionais,  and  on  the  18th,  Louis  Michel 
Yiger,  an  advocate  and  afterwards  a  well  known  poli- 
tician who  had  been  admitted  to  practice  A.  D.  1807. 

On  the  21st,  Michel  Vincent,  who  was  of  the  Parish 
of  Longuenil,  was  committed  by  P.  E.  LecUre,  J.  P. 


i02  HISTORY  OF  THE 


This  Justice  seems  to  have  been  a  most  active  pel'son, 
as  nearly  all  the  commitments  to  jail  in  1837  are  signed 
by  him,  and  in  1888  as  Superintendent  of  police,  his 
name  often  appears. 

On  the  26th  Narcisse  Lamothe,  of  the  Parish  of  La- 
prairie,  was  committed  by  the  warrant  of  B.  Hart, 
Esq.,  J.  P. 

These  seen  to  be  all  who  were  arrested  and  com- 
mitted during  the  month  of  November  1837.  The  very 
first  name  which  begins  December  and  who  was  then 
arrested  was  Come  Seraphin  Cherrier,  a  name  which 
has  been  one  of  the  longest  in  remembrance  in  Mont- 
real. The  bearer  of  it  was  one  of  the  most  prominent 
members  of  the  Montreal  Bar  since  1831  and  died  only 
a  few  months  ago  full  of  years  and  honors.  Besides  being 
Q.  G.  at  the  time  of  his  death  he  had  been  decorated 
by  His  Holiness  the  Pope,  and  his  children  may  rest 
assured  that  all  he  did  in  1837,  was  done  from  a  full 
conviction  that  he  considered  it  (as  it  was  afterwards) 
for  the  present  as  well  as  the  future  good  of  his  native 
land.  On  the  same  day  another  prominent  individual 
was  arrested  and  committed  to  jail,  Toussaint  Peltier, 
also  an  advocate,  who  had  been  admitted  to  the  Bar 
A.  D.  181«.  Mr.  Cherrier  had  been  admitted  A.  D.  1822. 

On  the  3rd  December,  George  Dillon  was  committed 
for  high  treason  and  on  the  4th  Andre  G-ignere  and 
Toussaint  Merville. 

I  find  then  that  on  the  next  day,  the  4th,  twenty 
prisoners  were  discharged,  that  is  to  say,  the  keeper 
of  the  gaol  was  required  to  send  up  the  bodies  of  the 


MONTREAL  PRISON  •    103 


prisoners  mentioned  below  to  be  pat  under  military 
guard,  they  were  after  returned  to  jail,  this  order  wa« 
signed  by  R.  de  St.  Ours.  The  names  of  these  twenty 
are  Andre  Uuimet,  Amable  Simard,  George  DeBoucher- 
ville,  Chas.  A.  Leblanc,  Franpois  Tavernier,  Jean  Frs. 
Lionais,  Louis  M.  Yiger,  Narcisse  Lamothe,  Andr§  La- 
croix,  A.  E.  Barclay,  Eusebe  Durocher,  Louis  Ghicon 
Durert,  Pierre  Claude  Phaneuf,  Come  S.  Cherrier,  Tous- 
saint  Peltier,  Dr  Jacques  Dorion,  Louis  Moyer,  George 
Dillon,  Chas.  Gouin  and  Louis  Chapdelaine. 

The  next  commitment  I  meet  with  is  dated  9th  De- 
cember 1837,  and  is  that  of  Louis  Boindon.  His  offence 
is  thus  stated.  That  being  of  the  Parish  of  St.  Cesaire, 
in  the  County  of  St.  Hyacinths  :  "D'avoir  conseill§  et 
engage  le  peuple  dans  la  Paroisse  St.  Cesaire  contre  les 
droits  de  notre  Souveraine,  la  Heine  Victoria,  suivant 
deposition  annex^e." 

The  deposition  is  in  English  and  sworn  to  by  one 
Thomas  "Wood,  who  thus  declares  "  I,  Thos.  "Wood,  of 
Granby,  being  m  St.  Cesaire  on  Monday,  the  27th  No- 
vember 1837  (swear)  that  a  person  known  by  me  as 
son-inlaw  of  M.  Papineau,  L.  Boindon  did  endeavor 
to  excite  the  people  there  to  actual  rebellion  and  did 
endeavor  to  raise  a  force  to  rescue  some  provisions  which 
had  been  stopped  in  Her  Majesty's  name  for  the  iiisur- 
gents,  and  did  call  upon  and  threaten  the  miscalled 
Patriots  who  were  inclined  to  bo  loyal  to  take  arms 
against  Her  Majesty's  Liege  subjects  and  was  in  com- 
munication with  the  rebels  at  Point  Olivier." 

After  this,  on  the  9th,  Amable  Daunais  and  Pierro 
Bourgeois  are  committed. 


104    .  HISTORY  OF  THE 


Daniel  Forbes  alias  McNaaghton,  hailing  from  St. 
Enstache,  is  arrested  the  same  day  as  the  last  two  on  a 
writ  signed  by  B.  Hart,  J.  P.  He  was  arrested  in  Mont- 
real having  come  from  St.  Eastache  "  as  a  spie." 

The  12th  December  1837,  I  find  the  commitment 
by  P.  E.  Leclere  of  Fran9ois  Jalbert,  offence  murder, 
and  in  the  body  of  the  commitment  it  thus  reads  : 
'♦  Whereas  F.  Jalbert,  of  the  Parish  of  St.  Denis  in  the 
District  of  Montreal,  yeoman,  stands  charged  on  oath 
with  having  on  the  27th  day  of  the  month  of  November 
last  at  the  Parish  of  St.  Denis  aforesaid,  feloniously  and 
willfully  and  of  his  malice  aforethought  killed,  and 
murdered  one,  George  "Weir." 

On  the  same  day  were  committed  Robt.  S.  M.  Bou- 
chette,  Henri  A.  Gauvin,  Timothy  Kinebert,  Bodolphe 
Desrir^eres,  Simeon  Marchesseault,  Jean  Bte.  Langue- 
doc,  Francois  Leford,  Alexandre  Pinsonnault,  Ambroise 
Hebert,  Denis  Duchaine,  Jean  P.  Boucher  Belleville, 
Louis  Tremblay,  Toussaint  Dufresne,  Alexis  Richard, 
Pierre  Languedoc,  Toussaint  H.  Goddin  and  Dr  Wolfred 
Nelson. 

The  commitment  of  Dr  "Wolfred  Nelson  thus  reads : 
"  Whereas  Wolfred  Nelson,  of  the  Parish  of  St.  Denis, 
Bsqr.,  stands  charged,  on  oath,  with  the  crime  of  high 
treason,  committed  in  the  said  District  of  Montreal, 
these  are  to  authorize  and  command  you  to  receive  into 
your  custody  the  said  Wolfred  Nelson.  P.  E.  Leclere, 
J.  P."    He  signed  all  the  above  warrants. 

It  will  insert  here  the  order  regarding  the  writing  of 
letters  by  prisoners,  especially  when  Henry  A.  Gauvin 
is  mentionned  in  the  above  list.    It  thus  reads : 


MONTREAL  PRISON  105 

"  Prisoners  to  be  allowed  to  write  to  their  friends  on 
any  matters  excepting  politics  on  the  past  or  passing 
events,  their  letters  to  be  sent  in  to  the  Attorney  Gene- 
ral at  any  time  before  one  o'clock  at  the  room  in  the 
Gaol  where  the  examinations  are  now  going  forward, 
they  may  intimate  to  their  friends  that  their  answers 
must  be  sent  through  the  same  officer,  and  no  other. 
This  indulgence  is  not  to  extend  to  the  prisoner  H.  A. 
Gauvin,  and  it  will  be  withdrawn  if  abused  by  any 
other  person. " 

On  the  15th  were  committed  Jean  Bte.  Tetreault, 
Jacques  Surprenant  and  Fran9ois  Snrprenant. 

On  the  16th  Luc  Auger,  Luc  H.  Masson  and  Damien 
Masson.  ^ 

Ou  the  17th  were  committed  Alexandre  Fournier, 
Joseph  Kobillard,  junr.,  Jean  Bte  Dumouchelle,  Jos. 
Danis,  Charles  Larose,  Franfois  Grignon,  Magloire 
Guindon,  Edouard  Beaution  dit  Major,  Joseph  Mal- 
boeuf,  Felix  Cardinal,  Le'"»n  Marie  et  Augustin  Laurent 
dit  Lortie. 

On  the  19th  was  committed  for  high  treason,  William 
H.  Scott,  of  St.  Eustache. 

On  the  20th  quite  a  batch  of  prisoners  were  sent 
from  the  old  jail  to  the  new  jail  under  this  order  •'  Mr. 
Wand  will  receive  the  above  mentioned  prisoners  from 
u  ?  old  jail." — A.  Duchainay,  D.  S. 

The  names  were  Louis  Courcelles,  Ambroise  Lapieire, 
John  Anderson,  Jean  Bte  Bousquet,  Fran9ois  Daonst, 

Franfois  Kicard,   Toussaint  Langlois,  Robillard,  Am- 

8 


6  HISTORY  OF  THE 


broise  Brunelle,  Joseph  Laporte,  Hypolite  Moyer, 
Ed.  Villairs,  Stanislas  Roy,  Modeste  Roy,  Hercule  Du- 
mouchelle,  Camii  Damouchelle,  Jacques  Dubeau,  J.  A. 
Berthelot,  Pierre  Mari§,  Gedeon  DeLorimier,  Charles 
Lemoine  and  Louis  Adolphe  Robitaille. 

On  the  20th,  same  day,  we  find  the  following  com- 
mitment papers  of  Louis  Coursolles,  Ambroise  Lapierre, 
Jean  Baptiste  Bousquet,  Toussaint  Langlois,  Hypolite 
Moyer,  E.  Villairs,  Stanislas  Roy,  Modeste  Roy,  H. 
Damouchelle.  Cam.  Dumouchelle,  P.  Mari6,  Cr.  DeLori- 
mier, Chas.  Lemoine,  Jean  A.  Berthelot,  which  were 
sent  with  the  above  Patriots  to  their  place  of  imprison- 
ment in  the  new  Montreal  jail.  This  ends  the  year 
1837. 


MONTREAL  PRISON  107 


CHAPTER  XI. 


Names  an'i  Comrn  Imenls^of  Patriots  1838. — Warrant  of  V.  Nichola?. — 
M»3ssire  A.  M  Ulanchelle. — Copy  of  Discharges  by  the  Slieriff. 


In  looking  over  all  the  ^commitments  of  the  troubles 
of  1837  and  1838,  I  find  that  the  general  number  is 
much  mistated.  In  some  histories,  they  state  that  the 
jails  were  full,  but  it  is  unknown  what  the  actual  num- 
ber was.  1  hope  that  hereafter  the  future  historian 
will  find  positive  information  as  regards  the  names  and 
number  of  those  who  were  arrested  and  suffered  im- 
prisonment for  a  longer  or  shorter  period,  in  1837, 
'38  and  '39. 

In  beginning  the  extracts  of  the  year  1888,  I  find 
that,  on  the  dth  January,  there  were  committed  Timo- 
thy Franchere,  Louis  Marchand  and  Richard  A.  R. 
Hubert. 

On  the  6th,  Jean  Blanchette,  Fran9ois  Guerin,  An- 
toine  Rochon,  Isaac  Foisy,  Jean  Bte.  Bellanger  and 
Auguste  Sanche. 

On  the  8th,  Janvier  Brisebois,  Thcophile  Briseboia, 
Vital  Mallette,  and  Joseph  Rousse  were  admitted  to 
bail. 


108  HISTORY  OF  THE 


On  the  10th,  there  were  received  into  the  jail :  Joseph 
Maz,  dit  Lapierre,  Fran9ois  Segnin,  Joseph  Vadenais, 
Michel  Frejean,  Grnillanme  Montplaisir,  Paschal  Yiger, 
Marcel  Sanv6e,Christophe  Daigneau,  Francois  Bertrand, 
Louis  Brou: Hard,  and  Hugh  Ward. 

On  the  20th,  Chs.  Olivier,  and  on  the  23rd,  Franfois 
Nicolas.  Ilis  commitment  charges  him  with,  at  St. 
John's,  "  Feloniously,  wilfully  and  of  his  malice  afore- 
thought killed  and  murdered,  one  Joseph  Armand, 
otherwise  called  Joseph  Ghartrand." 

On  the  25th  of  this  month,  16  prisoners  from  St.  John's 
were  committed  into  the  jail ;  their  names  are  :  Louis 
M.  Decoigne,  Franfois  Eanger,  Theophile  Roy,  Joseph 
Tellier,  Leon  Breault,  Barthelemy  Foissant,  Jean  Bte. 
Tremblay,  Frs.  Surprenant,  Jean  Jabotte,  Luc  Hebert, 
Olivier  Glantenel,  Joseph  Oervais,  Robert  McMahon, 
Pierre  R.  Narbonne,  Joseph  Hebert  and  Dr.  Leonard 
Brown. 

On  the  27th,  Joseph  Duvernay  and  Benjamin  Sene- 
cal.  On  the  29th,  Jacques  Demers,  and  on  the  Slst, 
Ijouis  Charette. 

The  very  next  day,  the  Ist  of  February,  Joseph  Ro- 
billard,  Senr.,  Joseph  Duval  and  R.  P.  Belair  were 
committed  for  High  Treason. 

On  the  find  February,  Audr6  A.  Papineau,  of  St.  Hya- 
cinthe,  gentleman,  for  High  Treason. 

On  the  4th,  Olivier  Lanthier  was  committed. 


MONTREAL   PRISON  109 


On  the  5th,  the  comraitments  of  Patrick  Murray, 
Michael  Dwyer,  Peter  O'Callaghan  and  Louis  Papineau 
are  recorded.  i 

On  the  6th,  James  Watts  and  Augustin  Labrie  were 
committed,  and  on  the  same  day,  Jean  Bte.  Dumou* 
chelle,  Joseph  Raymond  and  Eustache  James  de  Car* 
ridre.  The  first  came  from  St.  Eustache,  the  second, 
from  St.  Scholastique.  One-half  sheet  of  note  paper  is 
all  that  is  used  in  each  of  these  two  commitments. 

On  the  8th,  Noel  Scott,  Francois  Lemaitres  and  Joseph 
Letorree  were  committed.  On  the  same  day,  from  St. 
Eustache,  were  admitted  to  jail  William  Blyth,  Jerome 
Longpr^,  Franpois  Pillon,  Jerome  Latour  et  Andr6 
Lavall6e. 

On  the  same  day,  were  committed  Moise  Marches* 
fieault,  Joseph  Phaneuf,  Medard  Bouchard,  Noel  Duval, 
Morphile  Lamaremy,  Joseph  Tougas,  Louis  LaBerge 
and  Zephirin  Girardin. 

On  the  9th,  we  have  the  names  of  Louis  Dirige  dit 
Laplante  and  Etienne  Lonctin. 

On  the  10th,  were  committed  Joseph  Petit  dit  Laln- 
midre  and  Barthelemy  Oodin  dit  Laparie,  of  the  parish 
of  Ste.  Anne  de  Varennes.  The  same  day,  William 
Hnowdon,  J.  P.,  committed  from  St.  Benoit,  Hyacinth© 
Derouin,  Alexandre  Derouin  and  Jean  Bte.  Richer. 

On  the  18th,  Jerome  Longpr6,  sen'r,  Medard  G-agnon 
and  Laurent  Longpr^  were  committed. 

Alex.  Drolet  was  committed  on  the  14th. 


no  //jsroA-y  of  the 


On  the  16th,  David  Beauchemin,  Jean  Bte.  Ethier, 
Jean  Marie  Latour  and  Jean  Bte.  Fluneau. 

On  the  16th,  Pierre  Barriere  alias  Langevin,  of  St, 
Cesaire.  This  prisoner  is  handed  over  to  the  officer  of 
"  The  Main  Guard  of  H.  M.  Forces  in  Montreal."  His 
crime  is  thus  set  forth.  "  High  Treason  and  endeavour- 
ing to  keep  up  the  excitement  in  the  country  and  also 
having  refused  to  find  bail  for  his  future  good  conduct." 
The  commitment  is  signed  by  Wra.  H.  Chaffee,  J.  P. 

On  the  17th,  H.  Perrin,  J.  P.,  sends  in  a  batch  of  four 
from  St.  Denis.  Their  names  are  Francois  Richer  dit 
Lafleche,  Marcel  Oordeaux,  Pierre  Mondor  and  Edouard 
Besse. 

On  the  27th,  Henry  Corse,  J.  P.,  committed  Gar9on' 
nette  Lareau,  of  St.  Anathase,  bailiff  for  High  Treason 
and  Mr.  Wand,  the  gaoler,  is  ordered  to  discharge, 
Edouard  Lareau,  of  the  same  place,  by  order  of  the  Att. 
Gen'l,  Mr.  Ogden,  through  the  Sherirs  Office." 

On  the  1st  March,  four  prisoners  were  discharged  by 
order  of  Att.  Gen'l :  Pierre  Roberge,  Eusebe  Blanchette, 
Alexandre  D'Aigle  and  Charles  Blanchette.  Adolphe 
Dugas  is  committed  for  High  Treason,  also  Jean  Chav- 
leboin  and  Appolline  St.  Germain. 

Nothing  Civerrs  now  till  the  20th  March  when 
Samuel  Hatt  and  Chs.  DeSalaberry,  J.Ps.  send  in  Fran- 
9ois  Mac6  dit  Sancene  for  •'  High  Treason."  These  Jus- 
tices are  well  known  names  of  Chambly. 

On  the  28th,  by  order  of  Att.  Gen'l,  there  were  dis- 


MONTREAL  PRISON  111 

charged  Benjamin  Poirier,  Franfois  Cabana,  Benjamin 
Cabana,  Francois  Aubry,  Constant  Cartier  and  Fran- 
cois Eenand. 

I  find  on  the  31  st  March  that  "  Messire  A.  M.  Blan- 
chette  "  is  discharged,  having  giv..>n  bail. 

On  the  2nd  April,  Fran9ois  Molleur  was  committed. 
On  the  3rd,  Enoch  Jacques,  of  the  Township  of  Potton, 
under  warrant  of  Thomas  G-ilman,  J.  P. 

On  the  5th,  Joseph  Mongeau.  On  the  llth,  James 
Murphy  and  Fran<?ois  Ant.  Lavigne. 

On  tho  12th,  the  Att.  (len'l  discharged  Fran9ois  Sur- 
prenant  and  E.  and  J,  Ouellette.  Oa  the  14th,  J. 
Murphy  and  William  Allan  were  discharged,  on  their 
having  given  bail. 

Patrick  Murray,  Michael  Dwyer  and  Peter  O'Cal- 
laghan  were  discharged  and  same  day  allowed  to  go 
home,  to  St.  Ccsaire,  and  give  bail  for  future  good  con- 
duct to  Mr.  Chaffers,  who  had  committed  them  "  within 
80  many  hours  else  they  would  be  immediately  recom- 
mitted." 

On  the  24th,  Patrick  Flanaghan  and  Hugh  Feenan 
were  committed.  On  the  25th,  Jean  Bte.  Molleur,  and 
on  the  26th,  Alexandre  Drolet,  gentlemen,  of  the  parish 
of  St.  Charles.  On  the  same  day,  Joseph  I.  Drolet,  of 
the  parish  of  St.  Marc,  Esqr.,  was  committed. 

On  the  dOth,  forty-one  commitments  bear  this  date 
all  for  High  Treason.  The  names  are  Joseph  Gariepy, 
Louis  Lussier  charged  With  the  murder  of  Lieut.  George 


112  HISTORY  OF  THE 


"Weir,  at  St,  Denis.  Felix  Chenier,  Louis  Poulin,  Oli- 
yier  Arcand,  Amable  Paradis,  of  Sorel,  Dominique  Char- 
trand,  Andre  B.  Fapineau,  of  St.  Martin,  gentleman, 
Paschal  Bourbonnier,  Jean  Bte.  Arcand,  Wm.  Whitlock, 
of  Vaudrenil,  Fran9oi8  Migneault,  also  for  the  murder 
of  Lieut.  Q-eorge  Weir,  at  St.  Denis,  Nicolas  Rolland, 
Jean  Felix  Labrie,  of  St.  Ours,  gentleman,  Pierre  Amiot, 
Esqr.,  of  Vercheres,  Louis  Lacoste,  Esqr.,  of  Boucher- 
ville,  Isaac  S.  Larocque,  of  Rigaud,  gentleman,  Louis 
Chapdelaine,  Charles  G-ouin,  Louis  Ghicon  Duvert,  of 
St.  Charles,  Esqr.,  Eusebe  Durocher,  Esqr.,  of  St.  Charles, 
Antoine  Charles  Bardy,  of  St.  Anathase,  gentleman, 
Andre  Lacroix,  Esqr.,  of  Montreal,  Francois  Tavernier, 
gentleman  of  Montreal,  Jean  Bte.  Valine,  Jean  Bte. 
Lussier,  of  St.  Denis,  Fran9oi8  Chicon  Duvert,  gentle- 
man of  St.  Charles,  Augustin  Labelle,  Antoine  Con- 
signy.  gentleman,  Michel  Carriere,  of  St.  Eustache, 
Hyacinthe  Charlebois,  Narcisse  Valois,  of  Vaudreuil, 
Benjamin  Lefebre,  George  de  Boucherville,  of  Mont- 
real, Esqr.,  Amable  Simard,  Esqr.,  Hector  Barsalou, 
Captain  Beulac  of  St.  Ours,  Louis  Michel  Viger,  Esqr., 
of  Montreal,  Toussaint  Peltier,  of  Montreal,  Andre  Oui- 
met,  Esqr.,  and  Bonaventure  Viger,  of  Boucherville. 

The  first  commitment  of  May,  1838,  for  High  Treason 
is  on  the  8rd,  where  Jacques  LaCombe,  from  St.  Scho- 
lastique,  under  the  warrant  of  "W.  Snowdon,  Esq.,  J.P., 
is  admitted  to  prison.  On  the  same  day,  Andre  Jobin, 
of  the  parish  of  St.  Genevieve,  is  committed  for  "  sedi- 
tious practices  "  by  O.  Berthelot,  Esq.,  J.  P. 

I  give  on  the  same  day  a  copy  of  the  discharge  of  the 
following  : 


MONTREAL  PRISON  113 


"  To  the  keeper  of  the  Common  Gaol  of  the  District. 

'•  Send  up  the  bodies  of  Pierre  Beniac,  Hypolite 
Mogen,  Noel  Dnchenan  and  Edouard  Yillaire,  State 
Prisoners,  under  military  custody  to  be  admitted  to 
bail  and  this  will  be  your  warrant. 

"  Given  under  the  seal  of  my  office,  this  3rd  May 
1888. 

E.  DE  St.  Ours. 
Sheriff." 

On  the  7th,  three  other  Patriots  are  discharged,  viz. : 
Oharles  Yidal,  Louis  Poulin  and  Paschal  Bourbonnier, 
by  order  of  Judge  Gale,  J.B.K.,  on  bail,  and  on  the  8th, 
ithe  following  is  the  discharge  of  Enoch  Jacques  : 

"  To  The  Hon'ble  Roch  de  St.  Ours. 
^'  Discharge  Enoch  Jacques. 

7th  May  1838.  By  order,  C.  R.  Ogden. 

Upon  this  order  Mr.  Wand  will  discharge  the  within 
named  Enoch  Jacques  from  prison. 

R.  de  St.  Ours,  Sheriff." 
«th  May  1838. 

On  the  9th  May,  are  recorded  the  discharges  of  Chas. 
Oouin,  Louis  Chapdelaine,  Jean  Bte  Valine,  by  order 
of  0.  R.  Ogden,  Att.  Gen'l,  and  Emery  Labrie  and 
Jerome  Lougpr^,  Jnr.,  and  Benjamin  Lefebvre,  by  order 
of  Judge  Rolland.    The  three  weie  admitted  to  bail. 


114  HISTORY  OF  THE 


On  the  11th  and  14th  May,  discharges  were  granted 
by  Judge  Gale  to  Andre  Lavallee,  Joseph  G-ariepy, 
Lonis  Laberge,  Noel  Duval,  Moise  Marchessault,  Nar- 
cisse  Valois  and  Francois  Pillon. 

This  ij  all  that  appears  in  the  month  of  May.  The 
first  entry  lor  High  Treason  in  the  month  of  June  was 
that  of  Joseph  Lacombe,  committed  by  the  warrant  of 
D.  MacDonald,  J,  P.  In  the  paper  annexed  to  the 
commitment,  I  find  the  Sheriff  R,  de  St.  Ours,  writing 
thus  to  the  keeper  of  the  Common  Gaol.  "  The  said 
Joseph  Lacombe  having  had  his  pardon  from  His  Ex- 
cellency the  Governor  General,  dated  the  20th  day  of 
June  instant,"  so  that  he  was  discharged  on  the  30th 
following. 

Nothing  occurs  till  the  23rd  of  June,  when  there  is 
a  paper  tabulated  •'  Discharge  of  various  State  Priso- 
ners." Their  names  are  Medard  Bouchard,  Camille 
Dnmouchelle,  Adolphe  Dugas,  Zephirin  Girardin,  Jo- 
seph Gervais,  Olivier  Gloutoir,  Jean  Jabot,  Norphite 
Lamoureux,  Damien  Masson,  Pierre  Marie,  Joseph  Tou- 
gas,  Denis  Duchaine,  Leon  Breau  and  Felix  Cardinal. 
This  is  signed  by  George  Pyke,  J.K.B. 

In  the  months  of  July,  August,  September  and  Octo- 
ber, there  are  no  commitments  for  high  treason. 

During  November,  1838,  the  second  outbreak  took 
place,  and  in  this  month,  I  find  very  few  single  papers 
of  commitments,  but  papers  containing  long  lists,  and 
there  i«  a  large  bound  folio,  the  State  Prisoners'  Folio, 
containing  the  names  of  all  those  committed  during  the 
months  of  November  and  December,!  888.  Their  names 


MONTREAL  PRISON  115 


amoant  to  698  and  will  all  be  given  afterwards.  Then 
from  the  Ist  January,  1839,  to  the  26th  October,  1839, 
when  the  last  commitment  is  recorded  for  High  Treason, 
I  find  139  additional  names. 

The  mission  of  Lord  Durham  who  had  arrived  some 
time  before  this  with  a  brilliant  suite  was  chiefly  to 
settle  affairs.  He  condescended  to  a  ruse  or  as  it  is 
said  in  the  words  of  a  French  historian :  "  II  eut  recours 
a  un  expedient."  He  procured  the  principal  prisoners' 
names  to  a  letter,  throwing  themselves  on  his  clemency 
after  having  acknowledged  their  crime,  said  letter 
being  signed  by  R.  S.  M.  Bouchette,  Wolfred  Nelson, 
B.  DesRivieres,  L.  H,  Masson,  H.  A.  Gauvin,  S.  Mar- 
chessault,  J.  H.  Goddu  and  B.  Viger.  This  was  done 
io  save  their  compatriots  and  resulted  after  (the  28th 
June  1838)  in  a  proclamation  that  those  who  had  signed 
the  letter  were  condemned  to  exile  in  Bermudas  at  the 
pleasure  of  Her  Majesty.  In  the  same  proclamation, 
the  following  who  had  escaped  were  ordered  never  to 
return  to  Canada  under  pain  of  death,  viz. :  L.  J.  Papi- 
neau,  C.  H.  O.  Cot6,  Ed.  B.  O'Callaghan,  Bdouard 
Etienne  Rodier,  Thomas  Storrow  Brown,  Ludger  Du- 
vernay,Etienne  Chartier,  pere,  George  Etienne  Cartier, 
John  Ryan,  pere,  John  Ryan,  fils,  Louis  Perreault, 
Pierre  Paul  Demaray,  Jos.  Frs.  D'Avignon  et  Louis 
Gauthier. 

2nd  July  1838— On  this  day,  at  6  o'clock  in  the 
afternoon,  the  above  eight  were  conducted,  under  a 
strong  military  escort,  on  board  the  Cancula  which  was 
lying  at  the  •'  Foot  of  the  Current,"  Manacled  in  irons 
they  silently  passed  from  the  jail  through  the  crowd  to 


116  HISTORY  OF  THE 


the  ship,  the  spectators  much  impressed  at  their  noble 
bearing  and  great  heart,  even  in  their  troubles  and 
adversity.  At  Quebec,  they  were  embarked  on  board 
the  ship  of  war  Vt&tal,  and  arrived  safely  at  Bermudas. 

After  staying  a  few  months  in  the  Island,  they 
were  liberated.  All  that  had  been  done  by  Lord  Durham, 
was  annulled  by  the  Parliament  and  G-oveniment  of 
Great  Britain,  so  that  on  the  9th  of  the  following 
November,  they  landed  in  the  United  States,  where 
they  remained  till  the  amnesty,  which  enabled  them  to 
return  to  their  native  land. 

On  Sunday,  the  4th  November,  no  less  than  121  pri- 
soners were  committed.  On  the  6th,  9  Patriots  were 
committed.  On  the  Cth,  15,  among  whom  I  find  the 
name  of  our  fellow  citizen,  Dr.  J.  Emery  Coderre  still 
living.  On  the  7th,  there  were  18  committed.  On  the 
9th,  only  4. 

The  first  dated  paper,  in  November,  for  discharges,  is 
on  the  10th,  when  Attorney  General  Ogden  discharges 
Charles  Prevost,  of  St.  Laurent ;  then  on  the  15th,  those 
of  Christopher  Fortin,  Etienne  Bouchard,  Olivier  Le- 
Blane,  Gabriel  Aumond  and  Moyse  Duplessis,  all  by 
order  of  the  Att.  General.  On  the  16th,  there  is  a  per- 
mit "  for  Mr.  Ellice  and  Mr.  McDonald  to  be  allowed  in 
goal."  The  order  states  "  to  see  the  prisoners  taken  at 
Chateauguay."  On  the  17th,  another  permit  for  Mr. 
Ellice  alone,  signed  by  both  the  Att.  GenU  and  the 
Sheriff  and  addressed  to  Mr.  Wand,  gaoler. 

The  following  is  styled  "  Special  Order  from  His 


MONTREAL  PRISON  117 

Excellency, "  and  thus  reads  regarding  Dr.  Brien.  This 
was  received  16th  November,  1838. 

'•  The  prisoner  Dr.  Brien  is  to  be  kept  separate,  and 
on  no  account  is  any  one  to  be  permitted  to  speak 
with  him. 

By  command  of  His  Excellency, 

To  the  Keeper  of  the  C.  R.  Ogden, 

Common  Graol,  Montreal.  Att.  G-en'l." 

From  the  17th  November  to  the  end  of  the  month, 
33  prisoners  were  discharged  by  order  of  the  Att.  Gen'l, 
their  names  appear  in  the  complete  list  printed  else- 
where. 

The  only  two  commitments,  November  26th,  are 
those  of  Dr.  Allard,  and  is  signed  by  Lieut.  Col.  Cath- 
cart  of  Chambly,  and  thus  reads :  •*  Charged  with  trea- 
son and  rebellion  Jean  Bte.  Allard,  a  Medical  Practi- 
tioner of  Belceil."  The  other  is  dated  26th  November, 
1838,  commitment  of  John  Fratelin  alias,  Braditch. 

"  The  keeper  of  the  Common  G-aol  will  receive  into 
his  custody  the  prisoner  Fratelin  aJias,  Braditch  from 
Major  McCord  and  will  keep  him  in  a  separate  room  and 
allow  no  one  to  speak  with  him  or  see  him. 

By  order         C.  R.  Ogden, 

Att.  Gen'l." 

On  the  Srd^December,  the  discharges  of  Pierre  Ste. 
Marie,  of  Laprairie,  and  Thomas  Dannais,  of  Contre- 
coBur,  are  recorded  and  then  follows  four  discharges, 


118  HISTORY  OF  THE 


written  by  the  Att.  Gen'l  on  backs  of  letter  note  paper. 
Some  of  them  have  a  black  border  rather  an  ironical 
paper  as  regards  the  blessed  liberty  which  it  conveyed. 
Among  the  number  are  men  of  high  standing  and  well 
known,  even  now,  viz.  :  Dr.  A.  Perrault,  Francis  "Wm, 
Desrivieres,  Esqr.,  and  Edward  Barnard,  Esqr.,  Advo- 
cate of  Three  Rivers. 

The  following  is  the  copy  of  the  commitment  of  two 
of  the  Patriots  who  were  executed  in  the  Montreal 
G-aol  and  others. 

St.  Pierre,  La  Prairie,  Dec.  10,  1833. 
Sir, 

You  are  desired  to  receive  into  the  City  of  Montreal 
Jail  the  following  prisoners,  at  the  same  time  to  give  a 
receipt  for  their  bodies  to  the  sergeant  commanding  the 
escort,  in  charge  of  them. 

Antoine  Sanguinet,  Frs.  Xavier  Hamelin,  Jacques 
Longtin,  Jacques  Daigneau,  Clovis  Pattenaude,  Theo- 
phile  Robert,  Joseph  Pinsonnanlt  and  Pascal  Pinson- 
nault. 

You  cannot  be  too  careful  of  the  prisoners  Sanguinet 
and  Hamelin,  as  the  charges  against  them  are  very 
serious. 

Your  obedient  Servant, 

To  the  Gaoler,  W.  Denny, 

Montreal  Jail.  Special  Magistrate 

for  La  Prairie. 

On  the  outside  address  is  this  direction  : 


MONTREAL  PRISON  119 


H.  M.  SERVICE. 

The  Gaoler,  Montreal  Jail, 

with  Eight  Prisoners  charged  with  murder, 

treason,  &c. 

On  the  12th  December,  some  well  known  names  are 
described  :  John  Donagi:ni,  Jos.  A.  Labadie,  N.  P.,  Jos. 
A.  Berthelot,  G-uillaume  Vallee,  M.D,,  Chas.  A.  Lnsi- 
^?nan,  M.D ,  and  E.  R.  Fabre.  The  next  day,  the  offi- 
cial paper  seems  to  have  arrived  in  addition  to  these 
above,  we  find  the  names  of  Louis  M.  Viger,  Franfois 
Pigeon,  Pierre  Boucherville,  Jean  Dubuc,  and  several 
others. 

An  order  of  date  15th  December,  1838,  thus  reads  : 

"  H.  B.  Leblanc,  Dr.  D.  Leblanc,  Frs.  Trepannier  and 
Jos.  Robert,  to  be  removed  to  the  new  gaol.  The  three 
first  to  be  kept  in  the  room  where  the  Frenchman  is 
now  ;  and  Jos.  Robert  to  be  put  in  a  safe  ward." 

By  order,  "Wm.  E.  Fletcher. 

R.  DE  St.  Ours,  Sheri.f. 

Copy  of  warrant  of  7.  X.  Guertin.  On  the  back  is 
thus  reads.  "  Mittimus  against  F.  X.  Guertin  of  St. 
Cesaire,  for  high  treason." 

"  To  the  Gaoler  of  any  of  Her  Majesty's  Gaols  for  the 
District  ol  Montreal,  in  the  City  of  Montreal. 

Whereas  F.  X.  Guertin,  late  of  the  Parish  of  St.  Ce- 
saire, district  aforesaid,  farmer,  stands  accused  under 
oath  of  the  crime  of  high  treason  and  treasonable  prac- 
tices. 


120  HISTORY  OF  THE 


These,  etc.,  etc. 

19th  Dec,  1888.       Signed,  Wm.  A.  Chaffers,  J.P."* 

On  the  14th  December,  P.  E.  Leclere  who  had  under 
his  warrant,committed  so  many  in  1837,and  who  styles- 
himself  here  J.  P.  and  Superintendent  of  Police,  dis- 
charges eight  by  order  of  the  Administrator  of  the 
G-overnment.  On  the  same  day  Dc  .vild  George  Morri- 
son is  also  discharged. 

On  the  16th,  Dr.  J.  Bte.  Allard  and  a  state  prisoner 
of  the  name  of  J.  Henry  Bates  were  discharged  and  on 
the  17th,by  order  of  His  Excellency,  the  following  were 
discharged  :— Jos.  Harkin,  Daniel  Woolfred,  Pierre 
Dupuis,  Auguste  Boucher,  F.  X.  Desjardins,  and  Alexia 
Prefontaine.  On  the  21st,  eighteen  prisoners  were  dis- 
charged, and  on  the  26th,  Jean  Joseph  Girouard  and 
Olivier  Roberge.  On  the  same  day,  eleven  others  and 
on  the  same  day  another  discharge  i)aper  with  sixteen 
prisoners.  On  the  27th,  were  discharged  by  order  of 
the  Superintendent  of  Police  from  the  Governor  General 
the  twenty-six  prisoners  : — Louis  Bressent,  Isaac  Trem- 
bly, Jean  Bte.  Metras,  Paul  Trembly,  Antoine  Mongeau,. 
Jacques  Brunet,  Edouard  Ferland,  Antoine  Goyette, 
Aug.  St.  James,  Jos.  Laperle,  Luc  Verdon,  Chas.  Fon- 
crault,  J.  Bte.  Rongeau,  Fran.  X.  Lebeauf,  Antoine* 
Leduc,  Jean  Bte.  Laguring,  Vital  Galarneau,  Alexis 
Menard,  Pierre  Par^dis,  Alexis  Lareau,  G-eorge  Putman, 
Antoine  Boursier,  Jean  Bte.  Tissend,  Antoine  Foisy^ 
Francois  Nadreau,  and  Guillaume  Couture. 

On  the  same  day  (^ame  down  from  the  Police  office' 
another  "  gilt  edge  "  paper  (for  many  of  the  papers  are- 


MONTREAL  PRISON  121 


gilt  edged  in  these  days)  ordering  the  discharge  "  by 
command  of  the  Administrator  of  the  Government,"  of 
the  following  fifteen  prisoners,  vz.  : — Pierre  Billet, 
J.  Bte.  Eousselle,  Pierre  Duquette,  Jeremie  Groux, 
Ignace  Hubert,  J.  Bte.  Bufiange,  Hypolite  Fortier, 
N.  Fortin,  Joachim  Rufiange,  Louis  Bissonette.  Thco. 
Vachereau,  E.  Houle,  Pierre  Masse,  Julien  Lafaille, 
J.  Bte.  Laplante,  and  Ambroise  Simard. 

On  the  28th,  the  following  is  recorded  : 

"  Montreal,  28th  December,  1838. 

"  To  the  Hon'ble  Roch  de  St.  Ours,  Sheriff, 

"  Discharge  Fran9ois  Poirier  commonly  called  Regis 
Poirier.  c 

"  R.  OODEN, 

"  Att.  Gen'l." 

This  was  accordingly  done  and  on  the  same  day  from 
the  office  of  the  Chief  or  Superintendent  of  Police  the 
following  discharge  paper  is  recorded. 

"  Office  of  the  Superintendent  of  Police, 

"  Montreal,  27th  December  1838. 
"  Sir, 

"  Please  to  liberate  from  confinement  in  Montreal 
Gaol  the  following  prisoners,  viz. : 

Doctor  Pierre    Boucher  de   LaBruere,  Luc   Lafevre, 

9 


122'  HISTORY  OF  THE 


Nftrcisse  Koy,  Joel  Brosseau,   Hubert  Ferland,  Josepk 
Kby,  Toussaint  Daclos,  fils,  and  Pierre  Billet. 

'•  By  order  of  the  Administrator  of  the  Government, 

"  P.  E.  Leclere, 
"  J.  P.  and  Superintendent  of  Police, 

"  To  the  Hon'ble  R.  St.  Ours, 

"  Sheriff  of  the  District  of  Montreal." 

This  finishes  the  two  years  of  1837  and  1838.  Cardi- 
nal and  Duquette  were  the  only  ones  hanged  in  Decem- 
ber of  this  year,  the  other  ten  suffered  in  1839  in  which 
year  I  find  in  the  large  folio,  139  prisoTiers  arrested 
for  High  Treason,  The  next  cha^  .'s  will  contain  the 
commitments,  &c.,  of  that  year  and  the  official  list  of 
Patriots  incarcerated  from  Ist  November  1838  to  the 
last  name  recorded. 

The  following  are  a  few  of  the  commitments  in  extenso 
at  the  commencement  of  the  troubles  of  1838.  We  must 
recollect  that  the  4th  November  was  a  Sunday.  The 
events  of  that  day  have  been  well  described  by  Mr.  John 
Fraser  in  his  sketches  elsewhere  in  this  book.  Three 
quarters  of  a  half  sheet  of  foolscap  contains  the  com- 
mitment papor,  no  seal  or  legal  looking  document.  It 
consists  of  only  a  long  list  of  names  with  this  heading ; 

"  To  the  Hon'ble  Roch  de  St,  Ours,  Esq,  Sheriff, 

"  Sir, 

"  You  are  hereby  requested  and  ordered  to  receive 
into  your  custody  in  the  common  jail  of  the  District  of 
Montreal,  the  following  prisoners  until  further  orders." 


MONTREAL  PRISON  123 

And  this  is  signed  by  N.  Edmond  Barron,  J.  P. 

This  paper  contains  sixty-five  names,  which  may  be 
found  in  the  printed  list. 

Two  of  these  orders  or  letters  are  of  this  date  5th 
November,  viz.  : 

"  La  Prairie  Barracks,  Nov.  5th,  1888. 

^'  I  hereby  give  into  your  charge  Pierre  Dresi  an 
inhabitant  of  La  Prairie,  who  was  taken  prisoner  last 
night  about  six  o'clock,  near  the  Barracks,  by  a  volun- 
teer named  Melton.  I  ordered  him  to  be  searched, 
when  some  copper  caps  and  a  ball  were  found  on  him. 
Melton  says  he  threw  something  into  the  River.  The 
prisoner  was  mounted  on  a  white  horse,  which  I  send 
with  him. 

"  Your  ob'd't  ser't,, 

"  A.  W.  BiOGW,  Major, 
*'  The  Jailer,  Montreal.  "  7th  HussarH." 

The  other  letter  of  the  Major's  thus  readw  : 

••  I  hereby  deliver  into  your  charge  the  prisoner 
Duffile  Vershereou  who  was  taken  by  a  party  of  Hussari 
on  the  morning  of  the  4th  of  November  armed  with  a 
musket  with  ball  ammunition,  a  powderhorn  and  dag- 
ger. The  prisoner  was  one  of  the  party  of  Rebels  who 
fired  at  the  Tlussar^. 


124  HISTORY  01^  THE 

'*  The  evidences  against  him  are  Privates  Hinds  and 
Wilson,  ^th  Hussars,  and  volunteer  James  Melton,  of 
La  Prairie. 

".A.  W.  Bioos,  Major, 

"  Commd.  7th  Hussars,  at  La  Prairie, 

"  U  Prairie,  November  5th,  1838." 


MONTREAL  PRISON  126 


CHAPTER  XII. 

Continuation  of  Commitments  ani  Discharges  in  1839. 


In  beginning  the  year  1839,  I  find  both  commitments 
for  high  treason  and  discharges  under  bail  occupying 
to  a  large  extent  the  first  months  of  the  year,  but 
gradually  growing  fewer  till  September  27th,  when 
fifty-eight  Patriots  were  banished  into  exile  or  trans- 
ported. 

On  the  1st  January,  1839,  a  letter  from  Robert  Nickle, 
Colonel  and  J.  P.,  of  Stanstead,  dated  December  30th, 
1838,  and  addressed  to  Her  Majesty's  Gaoler,  Montreal, 
thus  reads  :  "  You  will  be  pleased  to  take  charge  of 
the  body  of  Captain  Taylor  Wadley,  charged  with 
treasonable  practices."    This  letter  is  annexed. 

Me.  Wand,  Gaoler,  Montreal. 

Sir, 

Some  days  since  depositions  (which  are  now  in  my 
possession)  were  sent  in  from  the  country  against 
Capt.  Taylor  "Wadley,  of  the  Hatley  Militia  Eastern 
Townships,  in  consequence  of  which  he  was  ordered 
to  be  sent  in  to  Montreal  a  prisoner,  and  the  Attorney 
Q-eneral  told  me  that  on  his  arrival  in  town  he  was  to 
be  taken  to  the  City  Gaol  until  his  case  was  examined 
into  and  disposed  of. 


'126  HISTORY  OF  THE 

Yon  are  therefore  commanded  to  receive  him,  the 
said  Captain  Taylor  Wadley,  and  detain  him  in  cus- 
tody a  prisoner  until  further  orders. 

F.  J.  Griffin, 
Dep'y  Ass.  Adj.  Genl. 

Dep'ty  Adj.  GeneralVi  Office, 
Volunteer  Department, 

Montreal,  1st  January,  1839, 

Captain  Taylor  Wadley's  commitment  from  Colonel 
Nickle,  C.B.,  commanding  at  Stanstead,  Eastern  Town- 
ships, is  also  herewith  enclosed. 

F.  J.  Griffin,  D.  A.  A.  G  " 

On  the  7th  January,  1889,  Hubert  Derome  dit  Deca- 
reau  is  discharged.  On  the  8th,  the  following  letter  is 
recorded. 

"  General  Court  Martial  Room, 

Montreal,  8th  January,  1839. 
Sir, 

I  am  commanded  by  His  Excellency  Sir  John  Col- 
borne,  to  inform  you  that  the  three  undermentioned 
prisoners  having  been  acquitted  by  the  General  Court 
Martial,  they  are  to  be  discharged  from  the  Montreal 
prison. 


MONTREAL  PRISON  i27 


•  Edouard  Th^rien,  of  Chateauguay ;  Jean  Bte.  Dozois, 
«r.  of  St.  Cyprien  ;  Louis  Lemelin,  of  St.  Cyprien. 

I  have,  etc.  etc. 

G.  MuLLER,  Capt. 

Deputy  Judge  Advocate. 
The  Sheriff 

of  Montreal." 

On  the  11th  January,  Jacques  Robert,  (lately  acquit* 
ted  by  the  G-eneral  Court  Martial)  is  discharged,  also 
Jean  Bte.  Heneau  dit  Deschamps  of  Beauharnois,  by 
order  of  the  Attorney  General,  also  Joseph  Leroux,  of 
St.  Thimothe  and  Francois  Messier,  of  St.  Damase. 

Another  order  dated  Montreal,  15th  January,  1839, 
thus  reads  :  "  Discharge  Joseph  Longtin,  fils  d'Andri, 
de  la  Paroisse  de  St.  Constant." 

By  command  of  His  Excellency 

0.  R.  OODEN, 

Attorney  General. 
Hon'ble  Roch  de  St.  Ours, 

Sheriff. 

Let  this  order  be  executed. 
15th  January,  1839, 

A.  J.  DUCHESNAY, 

for  the  Shoriir." 

On  the  18th,  Jeremie  Barette,  of  Terrebonne,  was 
discharged,  and  on  t^e  22d,  Alexis  Bouthillier  and 
Alfred  Ijesperance,  of  Montreal,  were  liberated. 


128  HISTORY  Of-  THE 


Jean  Bte.  Lakin,  was  brought  up  to  be  admitted  to 
bail  on  the  28d  January,  by  order  of  M.  O'Suliiran,  0. 
J.  K.  B ,  also  Jean  Gasgrain  on  the  25th,  by  the  same 
order,  and  on  the  26th,  George  Pyke,  J.  K.  B.,  admits 
to  bail  Jacques  Laparre  and  Pierre  Leduc. 

The  Attorney  G-eneral  Ogden  discharges  on  the  28th, 
Antoine  Bouthillier,  of  Longueuil,  and  on  the  29th, 
Adolphe  Dugas  and  Edouard  Picard,  of  St.  Constant. 

Judge  Pyke  again  discharges  on  the  ^Oth  and  admit* 
ted  to  bail  Pierre  Claude  Phaneuf  and  Hyacinthe  Robi- 
taille. 

The  following  were  committed  this  month  for  High 
Treason :  Etienne  Langlois,  Leon  Leclaire,  Chas.  Bouc, 
An.  Boussin,  all  of  Terrebonne,  Yeomen.  Frs.  St. 
Louis,  Pierre  Urbain,  Paul  Q-ravelle,  of  Isle  Jesus, 
Yeomen.  Denis  Berthelot,  merchant  of  Laohine.  Jac- 
ques Robert,  John  Squires,  Dominique  Poissant  and 
Eustache  Poissant,  Andre  A.  Papineau,  Philippe  N. 
Pacaud,  Jean  Frs.  Tetu,  Franfois  Surprenant,  Fran9oi8 
Nicolas,  Michel  Meunier,  Antoine  Boyer,  Senr.,  Joseph 
Smith,  Antoine  Denault,  Pierre  Leduc,  Jean  Bte.  Lague, 
Cypren  Boyer  and  Joseph  Langevin. 

During  February  1889,  there  were  committed  Ovide 
Beauchamp,  Jean  Bte  Bourque,  Erastus  Chamberlain, 
Toussaint  Y.  Tremblay,  Michel  Tessier  and  James  John- 
son aliai  James  Johnson  Pratt  a/m«  N.  Ordway.  This 
man's  offence  was  "  suspected  of  being  a  spy."  His  com- 
mitment is  signed  by  Colonel  Williams,  and  thus  reads : 
"  Whereas  James  Johnson  alim,  James  Johnson  Pratt 
(dia&  N.  Ordway,  of  Woodstock,  in  the  State  of  Yermont, 


MONTREAL  PRISON  129 

in  the  United  States  of  America,  stands  charged  on  oath 
made  before  Lawrence  Ford,  J.P.,  for  this  district,  with 
evil  intentions  towards  the  British  Government,  and 
acting  as  a  spy  in  favor  of  the  Canadian  refagees.  And 
farther  for  travelling  with  a  passport  obtained  under 
false  pretences  and  a  feigned  name,  &c.,  &c/' 

On  the  1st  February,  Judge  Gale  discharges  Andre  J. 
Lacroix  and  John  Squires,  both  in  bail.  On  the  same 
day.  Judge  Pyke  and  the  Attorney  General  admit  to 
bail  Lucien  Morin,  Christophe  Beaucheau  and  Etienne 
Eiegnier.  On  the  2nd,  Judge  Gale  admits  to  bail  Pierre 
Forrest  dit  Beauregard,  Gedeon  Brazeau,  and  Gedeon 
Neveny,  also  in  the  5th  Jesse  Oligny  dit  Livernois,  and 
Joseph  Heiisley,  and  in  the  9th,  Alexis  Bouthillier, 
Pierre  Bouthillier,  Jean  Bte.  Boyer,  Joseph  Boyer,  and 
Pierre  Urbain.  Same  day  were  bailed  out  Alexis  Quer- 
tin,  Fr.  Bondet,  Thomas  Dalton,  Pierre  Plante,  Alexan- 
dre Bouthillier,  and  Dominique  Monette. 

On  the  11th,  Judge  Gale  discharges  Jacques  Robert, 
Jean  Bte.  Laque,  Joseph  Coupal,  Contant  Lanctot,  and 
Benoit  Page.  On  the  14th,  Deminique  Poissant, 
Eustache  Poissaint,  Charles  Denye,  Hubert  Pag6, 
Antoine  Boyer,  and  Ant.  Denault. 

From  the  15th  to  the  end  of  the  month  the  foUowirg 
are  admitted  to  bail  and  discharged  from  custody. 
Ed.  Remillard,  Joseph  Langevin,  Geoffrey  Hebert, 
Andre  Protean,  Andrew  Vandal,  Joseph  Lanctot,  Ant. 
Lanctot,  Frs.  Ranger,  Joseph  Smith,  David  Hebert, 
Pierre  Panton,  Narcisse  Bruyere,  Louis  Mahew,  Etienne 
Labouf,  Denis  Berthelot,  Chas.  Dewitt  and  Antoine  Dor6. 


130  HISTORY  OF  THE 


From  the  let  March  1839  to  the  20th  of  that  month, 
the  following  were  discharged:  Erastus  Chamberlain, 
Franfois  Paradis,  Jos.  Fontaine,  Francis  Daoust,  F.  V. 
Tremblay,  Frs.  St,  Germain,  Snr.,  Frs.  St.  Grermain,  Jr., 
Ovide  Beauchamp,  Vital  Robert  and  Prospect  Eobert. 
Only  other  two  discharges  are  recorded  in  March,  and 
by  the  Attorney  General,  those  of  Louis  Lesiege  and 
Cyprien  Doris. 

On  the  2nd  April,  1839,  "  Divers  State  Prisoners  " 
are  discharged  to  the  number  of  twelve,  also  on  this 
day  James  Perigo  "  acquitted  by  the  General  Court 
Martial." 

During  the  rest  of  Apiil,  -jight  prisoners  were  admit- 
ted to  bail,  the  last  being  Marc  Campbell. 

Only  one,  Stephen  Reeves,  during  May,  is  recorded. 

There  are  none  in  June  and  eight  in  July.  None  in 
August,  and  on  September  27th,  twenty-nine  were 
released,  whose  names  will  appear  in  the  list  in  next 
chapter. 

On  the  same  day,  the  next  paper  contains  the  official 
list  of  all  those  who  had  to  be  transported.  On  the  top 
of  the  list,  in  pencil,  are  these  words  :  "  Prisoners  to  be 
transported,  September,  1839." 

I  don't  know  if  I  have  ever  seen  this  complete  list 
printed  previously,  except  one  in  Mr.  David's  Book  of 
amply  their  names ;  however,  my  work  at  this  inter- 
esting period  would  be  incomplete  without  this  list, 
ftnd  I  doubt  not  but  the  descendants  of  those  men 
iphose  names  appear  in  it  will  rejoice  to  see  them. 


MONTREAL  PRISON  131 

In  March,  1839,  there  appear  only  three  commit- 
kneuts:  those  of  J.  P.  E.  Belleville,  Stephen  Reeves  and 
Francois  Cinq  Mars. 

In  April,  there  is  only  that  of  Freeman  Miller.  On 
May,  there  are  three  papers  :  Joseph  Tallard,  Jean  Bte. 
Poirier  and  Charles  Blanchard. 

In  June,  the  commitments  for  high  treason  largely 
increase,  and  the  following  are  committed.  Louis  Du- 
bois, Moyse  Grranger,  Jean  S,  Ney  Smith,  Jacques  Lan- 
glois,  Henry  Newcomb,  Frs.  Guerin.  Bona  venture 
Viger,  on  the  8th  June,  1838,  offence  :  "  suspicion  of 
high  treason."  Hilarion  Viger,  ditto,  both  of  Boucher- 
ville  ;  Joseph  Pariseau,  the  elder,  Charles  Monjeau, 
Jerome  Longpre  and  Frs.  Gadbois. 

The  commitment  of  Pariseau  ^is  signed  by  Francis 
Mount,  J.  P.,  and  Peter  Spink,  J.  P.,  and  thus  reads : 

"  Vii  que  Joseph  Pariseau,  pere,  menuisier  de  la* 
paroisse  de  St.  Marc,  dans  le  Comt6  de  Yerchdres,  dans 
le  dit  district,  est  accus6  sous  serment,  par  John 
Edward  Raynes,  Pierre  Champagne  ct  F^lix  McMahon, 
de  la  Police  de  St.  Charles,  dans  le  Comt6  de  Richelieu, 
dans  le  dit  District,  d'avoir,  le  nenvidme  jour  du  mois 
de  juin  courant,  refus6  d'ouvrir  la  porte  de  sa  maison 
anx  hommes  de  la  dite  Police  de  St.  Charles  qui  §tait 
all§e  chez  lui  pour  ex^uter  un  warrant  de  prise  de 
corps  centre  son  fils,  ct  qui  lui  demanderent  a  diverses 
fois,  au  nom  de  h  Reine,  de  leur  ouvrir  la  porte  de  la 
maison ;  et  de  plus  de  s'dtre  (le  dit  Pariseau,  pdre)  servi 
d'un  langage  mena^ant  en  refasant  d'oavrir  la  porte  de 
sa  maison,  laquelle  porte  il  n'onvrit  qu'aprds  avoir  en 


132  HISTORY  OF  THE 


laiss6  §chapper  de  sa  dite  maison  son  dit  ills  qu*il  avait 
suscite  a  se  sauver.  II  vous  est  done  par  le  present 
enjoint  et  ordonne,  au  nom  de  Sa  Majesty,  de  recevoir 
sous  votre  garde  le  dit  Joseph  Pariseau,  pere,  et  le  gar- 
der  soignensement  jusqu'a  ce  qa'il  en  soit  ordonn6 
antrement  suirant  la  loi. 

Donn§  sous  mon  seing  et  scean,  a  St.  Charles,  dans  le 
dit  District,  ce  douzieme  jour  du  mois  de  juin,  dans 
Fannie  de  Notre-Seigneur  mil  huit  huit  cent  trente- 
neuf,  et  la  seconde  ann6e  du  regne  de  Sa  Majesty. 

Francis  Mount,  J.  P., 
Peter  Spink,  J.  R." 

In  the  month  of  July,  a  few  are  committed,  the  chief 
being  Louis  A.  Bobitaille  and  John  McDonell.  Copies 
of  both  of  their  commitments  are  given  at  the  end  of 
this  list  and  chapter. 

In  the  month  of  August,  Dominique  Larall6e  alone 
appears  as  committed  for  high  treason. 

In  September,  there  is  the  list  of  58  persons  exiled ;, 
the  state  papers  will  be  given  at  the  end  of  this  chap- 
ter, and  on  October,  the  last  two  are  found,  viz. : 
Charles  Touchette  and  Joseph  Lalande,  for  'f  seditions 
practices  and  language,"  sent  in  by  Gr.  W.  McOord,  J.P. 

Copy  of  commitmert  of  L^uis  Adolphe  Eobitaille. 
Offence— High  Treason. 

In  the  body  of  the  commitment  it  thus  reads  : 
"  Whereas  Louis  Adolphe  Robitaille,  of  the  Parish  of 
Varennes,  in  the  said  District,  Notary  Public,  stands 
charged  on  oath  with  the  crime  of  High  Treason,  &c." 


MONTREAL  PRISON  133 


Copy  of  commitment  of  John  McDonell. 
Offence— High  Treason. 

The  body  of  the  paper  thup  ieads :  '*  Whereas  John 
McDonell,  of  the  City  of  Montreal,  Advocate,  stands 
charged  on  oath  with  the  crime  of  High  Treason,  &c." 

In  a  paper,  in  the  inside  of  this  commitment,  we  find 
his  discharge  on  bail  dated  16th  May,  1840,  and  signed 
by  the  same  committing  magistrate  P.  M.  Leclere,  the 
energetic  J.  P.  and  Superintendent  of  Police,  so  that  it 
seems  that  Mr.  McDonell  must  have  remained  in  jail, 
having  been  committed  on  3rd  day  of  July,  1839,  for 
10  months  and  13  days. 

We  now  come  to  the  last  article  with  which  we 
finish  this  chapter.  I  will  give  "  seriatim  and  verba- 
tim ''  the  paper. 

[Copy.] 

"  List  of  Political  Pbisoners  from  Lower  Canada 
to  be  embarked  on  board  Her  Majesty's  Ship  Buffalo, 
Commander  Wood.  September,  1839. 

NAMES   OP   CONVICTS.  (QUALITY    OB   STATION 

1  Jean  Louis  Tbibert Yeoman 

2  Jean  Marie  Tbibert do 

3  Josepb  Guimond Laborer 

4  Louis  Guerin  dit  Dessault  alia%  Blanc  Dessault Baker 

5  Francois  Maurice  Lepailleur Bailiff 

6  Charles  Huot Yeoman 

•7  Achille  Morin Gentleman 

8  Josepb  Jacques  Hubert Laborer 


134  HISTORY  Of  THE 


NAMKB   or   CONVICTS  QUALITY   OR  STATION. 

9  Leandre  Ducharrae  Clerk 

10  Hubert  Drossin  Leblanc Yeoman 

11  David  DroBsin  Leblanc do 

.12  Pierre  Hector  Morin Gentleman 

13  Joseph  Fard Yeoman 

14  Pascal  Pinsonneau do 

15  Th^ophile  Eobert do 

16  Jacques  Longtin do 

17  Ignaco  Gabriel  Chevrefils do 

18  Louis  Dumouchelle , Innkeeper 

19  Jacques  Goyette Yeoman 

20  Joseph  Bumouchello do 

21  Toussaint  Rochon Bailiff 

22  Eran^ois  Xavier  Prieur Merchant 

23  Jean  Laberge Carpenter 

24  Francois  Xavier  Touchette Blacksmith 

25  Pierre  Lavoie •*•  •• , Yeoman 

26  Antoine  Coupal  dit  Lareine do 

27  Theodore  Bechard do 

28  Francois  Bigouepe  dit  Beaucaire do 

29  Joseph  Marcoau  dit  Petit  Jacques de 

30  Louis  Turcot do 

31  Desir^  Bourbonnois Laborer 

32  Charles  Roy  dit  Lapons6e,  pdre Yeoman 

33  Fran90i8  Xavier  Provost Innkeeper 

34  Andre  Papinoau  dit  Montigny Blacksmith 

35  David  Gagnon Yeoman 

36  Louis  Bourdon do 

37  Jean  Baptiste  Bousquot Miller 

38  Frangois  Guortin Yeoman 

39  Charles  Guillaume  Bouc do 

40  Edouard  Puecbal  Rochon Carriage  Maker 

41  Louis  Defaillette Yeoman 

42  Jacques  David  Robert  alic^  David  Jacques  Hebort     do 

43  Hypolite  Lanctot Notaiy 


MONTREAL  PRISON  135 

NAMES   or  CMNVICTS.  QUALITY  OB  STATIOH. 

44  Louis  Pinsonnoaul TeOman 

45  B^d6  Pinsonneaul do 

46  Etienne  Langnedoc Laborer 

47  EtieDne  Langlois Jdider 

48  Moyse  Longtin,  fils  de  Jacques Yeoman 

49  Michel  Aliary Joiner 

50  Jooeph  GoyetLe Carpenter 

51  Basiie  Eoy Yeoman 

52  Jocioph  Boy  dit  Lapens^e,  fils  de  Louis Laborer 

53  Constant  Buisson BaiiiflT 

54  Charles  Bergevin  dit  Langevin,  pere Yeoman 

55  Jean  Baptiste  Trudel Laborer 

56  Samuel  Newcombe Doctor 

57  J6remie  Rochon Wheelwright 

58  Benjamin  Mott Yeoman 

Received  from  Mr.  Charles  Wand,  Keeper  of  the 

Montreal*. Gaol,  the   bodies  of  the   above  mentioned 

fifty-eight  prisoners. 

J.  Wood, 

Master  and  Commander  of 
H.  M.  Ship  Buffalo. 

In  the  inside  of  this  long  paper,  there  is  a  smaller 
one  which  thus  reads : 

H.  M.  Ship  Bvffah,  Quebec,  27th  September,  1839. 

Rec<^Jred  from  Charles  W^and,  gaoler,  a  bag  contain- 
ing dispatches  and  letters  relating  to  the  Political  Pri- 
soners from  Montreal. 

J.  Wood,  Master  in  Command. 

« 

The  very  last  item  in  the  docket  I  find  to  be  the 
following  of  date  16th  May  1840. 


136  HISTORY  OF  7 HE 


•'  Province  of  Lower  Canada, 
District  of  Montreal. 

To  th^  keeper  of  the  Common  G-aol  of  and  for  the- 
District  of  Montreal. — Greeting. 

You  are  hereby  commanded  to  discharge  from  your 
custody  and  keeping  the  body  of  Mr.  Denis  Benjamin 
Yiger,  now  confined  in  the  said  gaol,  and  for  so  doing 
this  shall  be  your  sufficient  warrant.  Given  at  Montreal^ 
this  sixteenth  day  of  May,  1840, 

P.  E.  Leclere,  J.  P. 

Thus  is  finished  all  that  I  can  collect  of  this  inter- 
esting period.  It  only  remains  in  the  next  chapter  ta 
record  the  names  in  chronological  order  of  all  those 
arrested  in  November  and  Deceuber  1838  and  in  the^ 
year  1839. 

I  suppose  that  the  effect  of  such  a  large  body  of  men 
(over  eight  hundred)  having  been  incarcerated  during 
the  years  1888-39,  that  is  during  the  months  of  Novem- 
ber, December,  January,  February  and  March  of  these 
years  was,  that  a  lively  recollection  of  the  same  pervaded 
the  prison  authorities  for  a  long  time  after,  I  find  that 
in  an  old  register  of  1841-42 ;  there  is  mention  made 
repeatedly  of  The  Patriots  Ward.  This  name  in  process 
of  time  died  out,  as  succeeding  years  revolved  and  when 
all  those  who  had  been  connected  with  the  prison 
during  that  eventful  time  had  either  died  or  left  from 
being  connected  with  its  administration. 

Some  copies  of  commitments  of  Patriots  during  1838-8(* 
ill  now  he  iriven. 


will  now  be  given. 


MONTREAL  PRISON  137 


Copy  of  commitment  of  Nicolas  who  was  afterwards 
hanged. 

of  Montieil.  I     Victoria,  by  the  Grace  of  God,  Queen. 

To  the  Keeper  of  the  Common  Gaol  of  the  District  of 
Montreal. 

Greeting. 

You  are  hereby  commanded  to  receive  into  the  jail 
of  the  said  District  of  Montreal,  Francois  Nicolas  (the 
murderer  of  Chartrand),  who  now  stands  charged  upon 
oath  with  High  Treason  and  him  there  safely  keep,  un- 
til he  shall  be  discharged  by  due  course  of  law. 

Given  under  ray  hand  and  sea'  at  the  Village  of 
Christiville,  this  19th  day  of  January  1839. 

W.  McGiNNis,  J.  V.  " 

The  next  is  dated  26th  April  1889. 

"  Dpt'y  Adj.  Gen'l's  Office,  Volunteer  Department. 

Montreal,  26th  April  1889. 
HiR, 

I  have  the  Honor  by  direction  of  His  Excellency  the 
Governor  General  and  Commander  of  the  Forces  to 
request  that  "  Freeman  Millar, "  of  Stanstead,  accused 
of  seditious  practices,  and  now  sent  in  by  Col.  Nickle, 
i'ommanding  at  Htanstead  in  custody  of  the  bearer, 
Lieut,  Whitcher,  of  the  Stanstead  Cavalry,  may  be 
received  and  detainetl  as  a  prisoner  in  the  Gaol  of  Mon- 
treal until  further  orders.  / 
10 


138  HISTORY  OF  THE 


The  necessary  communications  upon  this  subject  wiU 
be  made  tomorrow  morning  to  the  Sheriff  by  the 
Attorney  General. 

I  have  the  honor  to  be,  Sir, 

Your  most  obedient  humble  servant, 

F.  J.  Griffin,  D.  A.  A.  G. 
Mr,  Wand,  Gaoler 

of  Montreal  Gaol.  "       ' 

This  is  a  verbatim  and  seriatim  copy.  Deputy  Asst. 
Adj.  General  Griffin  subscribes  himself  most  humbly ! ! 

Two  commitments  bear  the  date  20th  of  June,  1839. 
I  will  give  them  both  at  large,  to  show  to  what  lengths 
men  will  go  when  ^.roused  to  rebel  against  the 
constituted  authority  to  which  they  belong.  The  first 
is  that  of  "  Louis  Dubois,  for  treasonable  practices  and 
threatening  language  towards  the  Government." 

"Province  of  Lower  Canada )     William  King  McCord, 
District  of  Montreal       \     Esquire,  one  of  the  Jus- 
tices of  Our  Sovereign  Lady,  the  Queen,  assigned  to 
keep  the  peace  within  the  said  District. 

To  the  keeper  of  the  common  gaol  of  the  said  District. 
Greeting  :— 

Whereas  Louis  Dubois,  master  blacksmith,  of  Ste.  Anne 
des  Flaines,  in  the  County  of  Terrebonne,  in  the  said 
District,  stands  charged  upon  oath  with  having  made 
use  of  threatening  language  towards  the  government  of 
Our  Lady  the  Queen,  and  having  declared  his  readiness 
to  assist  the  rebels  whenever  the  opportunity  offered, 


MONTREAL  PRISON  139 


also  as  having  threatened  the  Reverend  Mr.  Poirier,  the 
€nrate  of  said  Parish,  "  that  he  would  persecute  him 
until  his  death,  or  until  he  ceased  preaching  loyalty  to 
the  inhabitants,  his  parishioners, "  thereby  and  in  other 
treasonable  practices  exciting  discontent,  dissention  and 
rebellion  among  the  people  against  the  government 
and  against  the  peace  of  Our  Lady  the  Queen. 

These  are  therefore  to  authorise  and  command  you 
to  receive  into  your  custody  the  said  Louis  Dubois  and 
him  safely  keep  to  be  dealt  with  according  to  law. 

Given  under  my  hand  and  seal  at  St.  Scholastique 
ihis  16th  day  of  June  1839  and  in  the  2nd  year  of  Her 
Majesty's  Keign. 

tir.  :fe.  McCoRD, 
Stip.  Magistrate  &  J.  P.    ' 

The  next  commitment  is  that  of  Moyse  Granger,  and 
after  same  heading  as  the  above  the  body  of  warrant 
thus  reads  : 

"  Whereas  Moyse  Granger,  of  the  Parish  of  Ste.  Anne 
des  Plaines,  in  the  bounty  of  Terrebonne,  in  the  District 
aforesaid  stands  charged  upon  oath  with  having  within 
the  last  three  months  continually  threatened  the  life  of 
the  Reverend  Mr.  Poirier,  Cur6  of  said  Parish,  if  he  did 
not  cease  preaching  loyalty  to  his  parishioners,  at  same 
time  using  threatening  language  towards  Her  Majesty's 
government,  thereby  encouraging  Rebellion  and  resis- 
tance to  said  government  and  by  other  treasonable 
pfactices  and  secret  meetings  assisting  and  forming  a 
seditious  opposition  to  the  loyal  inhabitants  of  said 
Parish  and  the  government  in  general  and  the  peace  of 
OUT  said  Lady  the  Queen,  her  crown  and  dignity. 


140  HISTORY  OF  THE 


These  are  therefore  &c.,  &c.,  with  the  same  com- 
mitting  Magistrate's  name. 

On  the  1st  July,  1839,  the  last  commitment  vrhich  I 
will  give  thus  reads.  It  is  that  of  J.  Bte.  Leronx  dit 
Konsson.  The  heading  being  the  same  as  the  other 
two  above. 

"  Whereas  Jean  Baptiste  Leroux  dit  Rousson,  of  the 
Parish  of  St.  Hermas,  in  the  County  of  Lake  of  Twa 
Mountains,  in  the  District  aforesaid,  blacksmith,  stands 
charged  upon  oath  "  having  declared  that  he  would  aid 
and  assist  the  rebel  cause  and  endeavour  to  over- 
throw the  government  cf  Our  Sovereign  Lady  the 
Queen,  and  was  ready  to  assist  any  foreign  invasion 
from  the  United  States  of  America  against  this  country,, 
of  which  he  had  positive  information,  "  and  by  other 
treasonable  practices  endeavoring  to  disturb  the  peace 
of  Our  Sovereign  Lady  the  Queen. 

These  are  therefore  &c.  &c." 

The  signature  is  W.  K.  McCord,  J.  P.  but  he  adds 
Stipendiary  Magistrate. 

N.  W.  M.  D. 

The  letters  are  not  appended  to  the  other  two  com- 
mitments above,  but  only  to  this  one. 

A  long  list  of  amounts  in  April  1839,  is  for  boarding 
prisoners,  by  order  of  the  Attorney  General  and  others, 
and  another  item  thus  reads  :  "  To  ninety  days  in 
carting  the  State  prisoners  from  gaol  to  Town  and  back 
to  gaol  to  await  their  trials  at  Court  Martial,  with  two 
horses  and  carriage  at  20s. — i)90. 


MONTREAL  PRISON  I4l 

I  find  10th  October,  1839,  the  accoant  of  boarding  the 
following  names  which  will  be  found  in  my  long  list 
of  political  offenders  in  1838*39.  They  cost  <£1  each 
per  month  and  are  Squire  Thayer,  Heron  R.  Culver, 
Abraham  M.  Patridge,  Nathan  Smith,  Benjamin  T.  Pen, 
Henry  L.  Hull  and  Chaney  Parker. 

These  men  had  been  arrested  on  the  20th  April,  1839, 
for  High  Treason  as  seen  elsewhere  in  this  volume  and 
after  lying  some  months  in  Montieal  jail,  were  all 
bailed  out  and  as  it  is  remarked  of  them  in  the  old 
folio,  all  of  them  were  "  sent  up  the  country" 


142 


HISTORY  Of  THE 


CHAPTER  XIII. 


Complete  list  of  all  those  who  were  committed  tu  Prison  from  the  Ist 
Npvepber  1838  to  the  last  commitment  for  High  Treason  October  2Bth 
1839.  List  of  English  names  of  those  committed  for  High  Treason. 


Complete  list  of  all  those  who  were  committed  from< 
Ist  November  1839  to  the  end  of  the  arrests  for  politi" 
cal  offences  in  1889. 

Place  of  residence  Wbat  became  of  bim. 

Leblanc  Olivier Becancour  Discharged 

Bose  Jeaii-Baptiste... Chateauguay  Sent  to  New  Gaol 

Tessier  Pierre "  " 

Picard  Joseph "  " 

Primeau  Joachim "  " 

Viaii  Jean-Baptiite "  " 

Noro  Pierre *•  " 

Beauchamp  Ovide '*  " 

^^  Antome "           {  ./".^-jrEalle* 

Filion  Joachim... , "    i  Sent  to  N.  G, 

Brindamour  Jean«Bte....           "  " 

Lefebvre.Tacque8 "  " 

Collette  Gabriel "  " 

Beloirin  Louis "  •' 

Primeau  Pierre "  *' 

Billette  Pierre "  *' 

Reid  Pierre "  D. 

Reid  Thomas '*  Sent  to  N.  G. 


MONTREAL  PRISON 


143 


Pla«e  of  residence         Wbat  became  of  him 

Boursier  Antoine   Chateauguay  Sent  to  N.  G. 

Mercille  Charies "  ^ 

Duquette  Francis "  " 

Longtin  Joseph "  " 

Dumouchelle  Jean-Bte..  "  " 

Dumouchelle  Vital "  *' 

_       ...       ,a    »#      •  u  f  condemnd  to  be  hanged 

Lepailleur  Fr.  Maunce..  |  afterwards  transported. 

Gu6rin  Louis " 

Dul)ord  Frs.  X "  Sent  to  N.  G. 

Lucasse  Louis "  " 

Jodoin  Gabriel "  " 

Rouselles  Nicolas **  " 

MaillouxPaul " 

Corbeille  Joseph "  " 

Dorais  Francis "  " 

Dorais  Pierre '*  ** 

mt-v    .  T  T          a  it  f   condemnd  to  be  hanged 

ThibertJ  Louis  Senr...  |   afterwards   transported. 

Groulx  J6r6mie "  Sent  to  N.  G. 

Gagnon  F61ix "  " 

Vervais  Charles "  " 

RoyAntoine "  ^ 

Meloche  Joseph "  Sent  to  N.  G. 

Ruffiange  Louis "  " 

Trottier  Toussaint "  '' 

Collette  Bazile '•  D 

Billette  Michel «  Sent  to  N,  G 

Gu6rin  Constant "  " 

Laplante  Francis **  '' 

Bochon  Antoine "  D 

Dumouchelle  Toussaint.  «  Sent  to  N.  G 

Mallette  Pierre "  D 

TisseurJean-Baptiste "  Sent  to  N.  G. 

Roy  Joseph *'  " 

LoisellePaul "  H 


144  HISTORY  OF  THE 


Place  of  residence         What  became  of  blm . 

Dorais  Pierre Ghateauguay  Sent  to  N.  G 

Mallette  Jean-Baptiste...           "  " 

Thibert  Jean  L  junr. . .           "  " 

«  Colerie  Benjamin "  D              ' 

Rousselle  Jean-Baptiste..           "  D 

Picard  Pierre "  Sent  to  N.  G 

Loiselle  Toussaint '^  D 

Primeau  Augustin "  Sent  to  N.  G 

Loiselle  Jean-Baptiste ... .           "  " 

Billette  Pierre "  " 

Senecal  Eustache "  " 

Parent  Pierre "  " 

Menard  Alexis St.  Isidore  " 

Lafontaine  Louis  H.  adv.  Montreal  D.  by  Sir  John  Colborne. 
Viger  Denis  B.,  advocate  "  D  by  Hon  PC  Thompson 
Mondelet  Charles,  adv...         "         D.  by  Sir  John  Colborne. 

Viger  Louis  M.,  adv '*         D.  by  Sir  John  Colborne. 

GirouardJean  J.  notary.  St.  Benoit  D. 

Donegani  John,  mercht.  Montreal  D. 

Desrivieres  Frs.  M.,  adv.         "  D. 

Harkin  Lewis  Jos "  D. 

Chapin  Dexter "  D. 

Racicot  Augnstin ,.         «  D. 

Desjardins  Fr.  X Vaudreuil  D. 

Dillon  George Montreal  " 

Terill  John State  of  Vermont  " 

Badeau  Henry Montreal  " 

Coursolles  Louis "  *• 

Pigeon  F "  " 

David  Cyr:  He "  "          ; 

Blanchard  Frangois "  " 

Morin  Louis "  " 

Brown  Wm "  " 

WillingJohn "  .     " 

Labadie  Jos.  A,  notary         "  " 


MONTREAL  PRISON 


146 


Place  of  residence 


What  became  of  bim. 


(I 
u 
(c 


Sent  to  N.  G. 

Executed. 

Sent  to  N.  G. 


Ghoquette  Jean  Bte....  Montreal 

Berome  dit  Decareau  H.  " 

DeBoucherville  Pierre.  " 

M.  de  MorochondFrs...  " 

Goulet  Felix 

Weilbrenner  Avila " 

Boursier  Paul Chateauguay 

Cardinal  Jos.  N.  notary.  " 

Lefebvre  Etienne " 

Merleau  Etienne " 

Chevrefils  George '• 

Dorais  Jean  Marie '' 

Menard  Narcisse " 

Eeid  Pierre " 

f  '^0  be  hansed 

Guimond  Joseph "     |     afterwards  ^raSsported 

Duquette  Joseph " 

Couillard  Antoine " 

Dillon  Bichard Montreal 

Ducharme  Dom Lachine 

Hamelin  Harrier Montreal 

Houl6e  Jean  Bte " 

Ducharme  Timoleon...  Lachine 

Dupere  Aug Montreal 

Bourbonniere  Michel..       " 

Newcomb,  Saml.  jr....       " 

Picard  Charles Lachine 

David  Madore St.  Vincent  de  Paul 

Bruyere  Narcisse Chateauguay 

Dupuis  Pierre Laprairie 

Lussier  Pierre Montreal 

Lauzon  Francois " 

Dufresne  Luc '* 

ArmanddtFlamroueF.  Riviere  des  Prairies 


Executed. 
B. 

D. 

(( 

(t 
(( 

« 

« 

D 
B 

D 

(( 

K 
i( 


146  HISTORY  OF  THE 


This  fiuuhes  the  number  for  the  4th  day  of  Novem- 
ber. One  hundred  and  twenty-one  prisoners,  some  of 
these  names  figure  afterwards  in  a  prominent  position 
in  the  History  of  Lower  Canada.  On  the  5th  November 
only  nine  were  committed  viz  : 

Place  of  resldeace         What  beoarae  of  him . 

Normandin. Pierre Laprairie  D 

Vachereau  Th6o LaTortue  D 

Regnier  Etienne St.  Johns  0 

Gagnon  Jules St.  Valentin  Sent  to  K.  G. 

Allard  Joseph St.  Johns  D 

Bouchard  Jacques Lacadie  D 

Pinsonneault  Moyse...  St.  Valentin  Sent  to  N.  G. 

Lacroix  Andr6  J.  Dr...  St.  Athanase  B 

Ranger  Frangois Lacadie  B 

On  the  6th : 

Dubois  Etienne  A Montreal  D 

Bouthillier  Alexis "  D 

FuUumJohn "  " 

Contant  Frangois "  "■ 

Ste.  Marie  Fran gois...        ••'  **^ 

Hauschman  Etienne..        "  *•• 

Coderre  Joseph  Emery       '•'■  **- 

Cot6  Pierre .*        "  **^ 

Jeremie  Hy polite "  "" 

Barrette  Jeremie "  ** 

Gaudet  Edouard 6U  Athanase  " 

HouleBdouard «  ** 

Lafaille  Julien "  ♦• 

ManchondFrangois...           "  " 

i£ac6  Pierre "  N.  G. 

On  the  7th: 

Barbeau  Jacques La  Tortue  N.  G. 


MONTREAL  PRISON  147 


Place  of  residence  W^at  became  of  lUin' 

Mar jLin  Louis St.  Philippe  D. 

L'Ecuyer  Etienne "  " 

Dewitt  Gbas Ghateauguay  B. 

DucharmeUa^dre...  Montreal     {  afteJa?4M»n"|orted.- 

Fortin  a/ta5  Poulin  H.  Chateaugnay  B. 

Reid  FranQois "  D. 

Duranceau  Louis....  "  N.  (j. 

Negus  Isaac Chicago  P. 

llacdonaldJohn Montreal  B. 

Robitaille  Louis  A...  Varennes  ** 

Archambault  Azarie.        "  *' 

BeaudryEd "  D 

PrevostChas St.  Laurent  * 

Prevost  Antoiue "  ** 

Gariepy  Olivier Laprairie  •* 

Ste.  Mai'ie  Pierre  C.        "  " 

On  the  8th  : 

Ghapdelaine  Louis...  'William  Henry  *^ 

Gouin  Charles "  *• 

Peloquin  Alexis "  •* 

Duplessis  Moyse a  u 

Berthelot  Jos.  A......  Montreal  '* 

Perrault  Adplphe....        "  ** 

On  the  9th  ; 

Barnard  Edouard...  Three  Rivers  P. 

Cots  Fran  gois Quebec  ♦* 

Lamirande  Jean  Bte  St  Philippe  K.  6. 

Fabre  Edouard  R..  Montreal  P. 

Vall6e  Guillaume  J.        "  *' 


148  HISTORY  OF  THE 


On  the  10th  : 

Place  uf  residence  What  became  of  bim. 

Webster  John  H...  Chateauguay  D. 
Rousselle  Joseph...  Ste.  Genevieve 
Trerablay  Barth....  St.  Philippe 

J.Bte.ditChenaille.           "  " 

Babeau  Charles "  '• 

Babeau  A "  « 

Dupuis  Paul.........           "  N.  G. 

Bourassa  Vital Laprairie  D. 

Olivier  Jean  Bte "  N.  G. 

On  the  11th  : 

Bechard  Theodore.  Blairflndie  D. 

Mongeon  Charles...  St.  Athanase  N.  G. 

Menard  Moyse "  D. 

Roy  Julien  J.  Bte...  Lacadie  N.  G. 

CharetBenoni "  " 

Arres  Frangois St.  C^saire  " 

Pepin  Pierre St.  Jean  Baptiste  " 

Hays  Patrick Swanton  '* 

Bates  J.  Henry "  " 

On  the  12th  ; 

Asselin  Gelestin....  St.  Constant  " 

Catman  George....  St.  Edouard  " 

Menard  Michel St.  Constant  " 

Gervais  Augustin ...           "  " 

Hen6  Nicolas "  " 

Jolivette  Joseph "               ^  « 

Vien  Antoine Yamaska  " 

Brousseau  J6r6mie.  Laprairie  " 

Leonard  Alexis "  " 

Surprenant  Frs.  jr..  St.  Philippe  i). 


MONTREAL  PRISON 


149 


] 

Place  of  residence 

What  became  of  him. 

Deragon  Jean Laprairie 

N.G. 

Dubuc  Jean, Montreal 

D. 

Leclaire  Paul  N....  St.  Ours 

D. 

Cadieux  Joseph . . ..  Mass.,  U.  S. 

N.G. 

Foisy  Antoine St. 

Charles 

D. 

Brodeur  Louis St.  Denis 

N.G. 

Roberge  Joseph St. 

Charles 

« 

Robitaille  Jacques- 

(( 

a 

Fontaine  Joseph....  St.  Denis 

(( 

Tetro  dit  Ducharme  M. 

St.  Charles 

i( 

On  the  13th  : 

Boulet  Joseph 

Lacadie 

Sent  to  N.  G. 

Paradis  Frangois 

(( 

« 

Paradis  Hilaire 

{( 

u 

Coupal  Antoine 

(I 

« 

Bernais  J.  Bte 

St.  Valentin 

ct 

Charon  Joseph.. 

(. 

« 

Thibeault  Noel 

l( 

MoUeur  Pierre 

(( 

Dupuis  Eusebe 

u 

(( 

Boissonneau  Nicolas... 

(( 

(( 

Fortin,  Christophe,  jr. . 

u 

D. 

Tremblav  Eloffe 

(( 

N.G. 

Girard  Antoine 

(( 

Bourdeau  P 

u 
u 

i( 

•  ^  ^M  %^  Ai    ^riM  ^r  *^  *J"         ■■■■       •■■•     ••■■     ••■■•     ■     • 

Giroux  Frangois 

« 

(xodreau  Francois 

a 

« 

Landrv  Joseuh 

a 

« 

Destroismaisons  Ant... 

u 

« 

Kournier  Louis 

c( 

(k 

Cyre  David 

(( 

(( 

Gamache  Aubaine 

u 

D. 

Lavalli^re  Jacques 

({ 

N.G, 

150  HISTORY  OF  THE 


Place  of  residence  Wbat  became  of  him . 

Seignorine  Pascal St.  Valentin  N.  G. 

Lafrance  Francis "  " 

AmandJ.  Rte ''  " 

Belhiraieur  Louis "  " 

Laporte  Joseph "  " 

Thibeault  Pierre "  ,» 

Rocque  Aiitoine "  ** 

Jelenand  llyacinthe "  " 

Desbrien  Marcel  snr....  "  " 

Desbrien  Pierre  jnr. ..."  " 

Patenaude  Alex "  " 

Landry  Hubert "  " 

Richard  Julien.. "  " 

Patenaude  Francois . . . .  "  *' 

Morin  Lucien "  B: 

Leduc   Damase St.  Cj'prien  D. 

Cohache  Pierre "                             N.  G. 

Jules  Beaudin "  " 

Bourgeault  J.  Bte Riviere  du  Sud  " 

Benziger  Guill Ruisseau  des  Noyers  " 

Dubeau  J.  Bte St.  Athanase  " 

Dupuis  Eloi Lacadie  " 

Dupuis  Julien "  " 

Boulet  Michel St.  Edouard  " 

Gagner  Olivier LacoUe  " 

Remillard  Louis "  '^ 

Babin  Pierre "  " 

Latrimouille  Edouard..        "  " 

L'Hussier  Paul "  " 

L'Hussier  Bazile  jnr "  " 

Juneau  ditLatulipeJ.B,       "  " 

Terriaux   Pierre "  " 

Denis  Julien "  " 

L'Hussier  Bazile,  SD",..  "  " 

Desjardins  Th6o  Ro/.  "  " 


MONTREAL  PRISON 


15: 


Place  of  residence  What  became  of  lilm. 

Gyre  Louis LacoUe  N.  G. 

SauvetPaul "  " 

Duclos  Toussaint  snr...        "  " 

Duclos  Toussaint  jnr....       "  " 

Boucher  Joseph "  SentloN.  G. 

Pinsonnauit  Joseph "  " 

Pinsonnault  Isaac "  " 

Tremblay  Pierre "  " 

8t.  Jean  Jacques "  " 

Dumas  Joseph "  ♦* 

Ijevesque  Jean  Bte "  " 

Miller  Louis  S "  " 

'Cloutier  F61ix "  " 

Slaven  Phillip "  « 

Millet  Pierre St.  Cyprien  " 

Martin  Simon "  " 

Ferland  Ed "  D. 

Brady  Michael William  Henry  Sent  to  N.  G. 

Bonin  Francis Ste.  Marie  " 

•Cot6  Michel St.  Gervais,  Que  " 

•Girard  Jacques St.  Remi  " 

■Chouinard  Germain....  Rivifere  du  Sud  " 

Roy  dit  Pag6  Joseph...  St.  Johns  " 

Boudreau  P '^  " 

RoyNarcisse "  " 

Boudreau  Pierre "  *.* 

Ferland  Hubert "  " 

Bedard  Francois '*  *  " 

Poutr6  F6lix "  " 

Dugas  Adolphe St.  Constant  I) 

Hindelang  Charles Paris,  France  Executed. 

Mo""  Pi-re  H St.  Cyprien { ^,^,TOart  UaTported 

"»"  Benjamin Vermont      {  af.erwar'd?t?Xrted 


162 


HISTORY  OF  THE 


Place  of  residence         What  became  of  htm. 

Woolfred  Daniel Now  York  D. 

Dumontier  Celestin....  Quebec  Sent  to  N.  G. 

Newcomb  Samuel Chaleauguay  {  ^  jAards\'rrsp. 

Cecille  Paul "  Sent  to  N.  G. 

Normandeau  Louis "  D. 

MalbcBuf  George '*  " 

Belinge  Joseph '*  " 

Newcomb  George "  u           • 

Ruffinger  J.  Bte "  " 

Leclaire  Pierre "  N.  G. 

Lariviere  Jean  Bte "  D. 

Lesiege  Louis "  " 

Hubert  Ignace "  '' 

Duquette  Jean  Bte "  N.  G. 

Pregent  Louis ''  D. 

Duquette  Pierre ''  ** 

V6zina  Isidore "  " 

Gagnon  Frangois "  N.  G. 

Boudreau  Frangois...            **  B. 

Dalton  William "  D. 

Giroux  Michel St.  Constant  N.  G, 

Lesp6rance  Alfred  B...  Montreal  D. 

Desrochers  Vital St.  Eustache  D. 

Prefontaine  Alexis Longueuil  " 


This  finishes  the  number  committed  on  the  13th 
November,  amounting  to  a  hundred  and  fifteen.  Let  us 
imagine  a  hundred  and  fifteen  prisoners  for  one  day 
arraigned  before  the  Court  at  the  present  time  and  we 
have  some  idea  of  hovvr  stirring  these  day  were,  and 
when  amongst  them  we  find  names  of  those  whom 
afterwards  we  looked  up  to  in  the  History  of  this  Pro- 
vince. 


MONTREAL  PRISON 


:i53 


On  the  14th,  thirty-five  more  were  committed  for 
High  Treason,  some  of  them  being  discharged,  some 
bailed  out  and  many  sent  to  the  New  Gaol,  that  is, 
the  present  Prison,  to  wait  further  events.  Their  names 
are,  viz  : 

Plftoe  of  residence         W  hat  became  of  him . 

Laparle  Joseph St.  Philippe  D. 

Bon neau  Leonora "  '* 

Airnond  Gabriel St.  Laurent  " 

Ouerin  Louis Laprairie  " 

Narbonne  Pierre  R. . .         "  '* 

Dozois  Jean  Bte  snr.. .  St.  Cyprien  D. 

Leblanc  Hubert "                     ^  N.  G. 

Lavoye  Pierre "  " 

Hubert  Jacques  Daniel.          "  B; 

Lemelin  Louis "  " 

Bouchard  Etienne Lacadie  " 

Paradis  Pierre St,  Cyprien  N.  G. 

Hebert  Joseph "  " 

Hebert  Pierre  fils  de  J.           "  " 

„        p,     ,  H        S         lo  ^  hanged 

Huot  unaries |  afterwards  transported 

Leblanc  David "        |       afte^'rwardrbfiid- 

Demers  David "        |      afte^rwardsXud 

Surprenant  dit  Lafontaine  Frs.  St.  Philippe         N.  G. 

H6bertJo8.A St.  Cyprien  '' 

_         .      ^  u        J         To  be  hanged 

Trepanier  Frs j      afterwards  Bailed 

Levesque  Guill Montreal     {       af[e°rwards"bailed 

LanctotHypolite St.  Remi     |  afterw°ardl  tr*a"fsported 

Bourdeau  Zachari St.  Philippe  D. 

Gagnon  Jean St.  Cyprien  ^.G. 

it 


154 


HISTORY  OF  THE 


Place  of  residence  What  became  of  blm . 

Marceau  Joseph St.  Cyprien  N.  G, 

Defaillette  Louis "  " 

Dor6  Antoine St.  Jacques  le  Mineur  D. 

Decoigne  Pierre  T St.  Cyprien  Executed. 

Bemillard  Francois St.  Andr§  N.  G. 

LukinJeanBte St.  Cyprien  B. 

Cmyr6  Frantoi, St.  Constant  {    .f^^^^^^Mej 

"o""  A^hille St.  Cyprien {,,^^;»^«,hang^*„,^^ 

Bissonnette  Louis Laprairie  D. 

Charbonneau  Pierre...  St.  Philippe  " 

Belleau  Jean Quebec  " 

On  the  15th  forty-three  more 

Louprette  Denis St.  Luc  D. 

Mouvette  Dominique...  St.  Remi  B. 

Lanctot  Constant "  D. 

Pinsonneault  Paul "  N.  G. 

Berige  dit  Laplante  P..  St.  Edouard  I). 

Ouellette  Jean  Bte.  snr.           "  " 

L'Hnssier  Louis "  N.  G, 

Surprenant  Michel "  " 

Ouellette  Jean  Bte.  jr..           '*  D. 

Robert  Augustin "  N.  G. 

Lanctot  Alexis "  D. 

Belonin  Thomas "  »* 

Franche  Antoine "  N.  G. 

Simard  Ambroise '*  D. 

.  Metras  Jean  Bte "  « 

Robert  Francois "  N.  G. 

FoucraultChas.  "  D. 

RoujeauJ.  Bte "  <* 

Roujeau  Louis ,           "  " 

Aubrie  Luc  Ovide. "  .     N.  G. 


MONTREAL  PRISON 


155 


Place  of  residence  What  became  of  bim . 

Yelle  Theophile St.  Edouard  D. 

Benoit  Antoine "  N.  G. 

Ouimet  Jean  Bte "  D. 

Monette  Fran "  " 

Robert  Jacques "  ''• 

Monnette  Theophile...  "  *' 

Boutin  Vital "  N.  G. 

Monjeau  Antoine "  D. 

Mounette  Medard "  " 

Roujeau  Joseph "  N.  G. 

L'Ecuyer  Jean  Bte "  " 

Beaudin  Toussaint "  D. 

Bizaillon  Jacques "  " 

Tremblay  Paul "             "  " 

Galarneau  Vital "  N.  G. 

Gauthier  Antoine "  " 

Versailles  Jean  Bte "  " 

L'Hussier  Pascal "  " 

Ashley  Alexander "  D. 

L'Hussier  Louis "  N.  G. 

Simard  Narcisse "  " 

Verdon  Luc "  D. 

Monjeau  Louis Varennes  B. 

On  the  16th  a  hundred  and  eighteen  prisoners  : 

Desautels  Edouard Laprairie  D. 

Pruneau  Pierre Chateauguay           Sent  to  N.  G. 

Thiber.  Jean  Marie "   {  ^,^^^^^  ''^,^,. 

Deneau  Louis "                     SenttoN.  G. 

Lefebvre  Jean  Bte "  " 

Cot6  Jean  Bte *'  " 

Poirier  Louis "  " 

Caron  Joseph "  " 

€ot6  Alexis "  '» 


156 


HISTORY  OF  THE 


Flaoe  of  residence  What  became  of  blm. 

Quesnel  Paul Chateauguay  Sent  to  N.  G. 

Poirier  Charles "  " 

Desforges  Jean  Bte "  " 

Menoche  Frangois "  " 

Damien  Jean  Bte "  D. 

Thivien  Edouard "  D. 

Comtois  Michel "  N.G. 

Payant  ditSt.OngeVit.  St.  Martin  " 

Theroux  Pierre St.  Isidore  D. 

Longtin  Jos.  M St.  Constant  N.G. 

Lanctot  Louis "  " 

Denault  Charles "  " 

Lanctct  Theophile "  '' 

Lanctot  Regis "  ^' 

Dupuis  Bart "  '^ 

Dupuis  Dauphin. "  " 

Dupuis  Joseph ''  " 

Longtin  Amable "  " 

Longtin  Joseph "  " 

DenisSt.  Jean La  Tortue  D. 

Bachant  Pierre St.  Philippe  N.  G. 

Sanguinet  Chas "  " 

Robert  Joseph '^  " 

Robert  Regis «  u 

Barbeau  Joseph "  " 

Brien  Jean  B,  H.,  Dr.. .  Si.  Marlin      {  ,f,erwar^,''Sled  out. 

Dalton  Thomas St.  Martin  B. 

Granger  Pierre **  " 

Bougie  Francois Beauharnois  N.  G. 

Barr6  Paul St.  Martin  D. 

Dupont  Francois Beauharnois  N.G. 

Longtin  vTean  Bte "  *' 

LeBoeuf  Eustache "  " 

LeBcerf  Etienne "■  " 


MONTREAL  PRISON 


157 


Place  of  rwidence  Wbat  became  of  bim , 

Daoust  Charles Beauharnois  N.  6. 

RoyBazile "  " 

Eno  dit  Deschamp  Ant.  "  D. 

Eno  dit  Deschamp  Jos.  "  " 

Leduc  Jean  Bte "  " 

Montpetit  Pierre "  " 

Gendron  Joseph "  N.  G. 

Laviolette  Antoine "  " 

Roy  Michel ''  D. 

MereilleNoel '«  N.G. 

HeO-t  Joseph  J "        {  ^^^^^o  ^be  hanged^^^^ 

Francois  Poirier "  D. 

Gendron  dit  Peloche  J.  B.        "  " 

Charlebois  Benoit "  " 

Brosirs  Michel "  " 

Eoy  dit  Lapens6e  Jos...  "  N.  G. 

Roy  Louis "  " 

LebOBuf  FrangoisX....  "  " 

Daigneau  Antoine "  " 

Daigneau  Joseph  jnr...  "  " 

TonduditSt.  OngeP...  "  " 

Shalle  Hyacinthe "  •' 

Rollin  Jean  Bte "  " 

Daigneau  Jos  jnr "  " 

Boyer  Celestin "  *' 

Roy  Louis "  " 

Lefebvre  Eustache "  ** 

Longpr6  Benoni **  D. 

Laberge   Pierre "  " 

Laberge  Louis  snr "  N.G. 

Boyer  Nicolas "  "' 

Longtin  Michel "  " 

Montpetit  Btienne "  " 


158 


HISTORY  OF  THE 


Place  of  residence  What  became  of  him . 

Thivierge  Francois Beauharnois  N  G- 

LeducAntoine "  D. 

Potion  djt  Montpe tit  E.  "  N.G. 

Daigneau  Pierre "  *' 

Duval  Michel "  " 

Thivierge  Louis "  " 

Roy  Joseph  fils  de  Chs.  "  " 

Bourbournais  F "  " 

Duquette  Pierre "  D. 

Montpetit  Jean  Bte "  N.G. 

^"-y  M-""' "  { afterw"rfs  ported 

Gagnon  David. "  N.G. 

Bourbournais  Olivier...  "  " 

BonrbournaisD6zir6....  "  '« 

Roy  Joseph  (captain)...  "  B. 

Laberge,  jnr.  Louis "  N.G. 

Pitr6  Pierre "  " 

Roy  dit  Lapens^e  Ch.  "  {  ^.^^^  ^ang^",^,^, 

Leduc  Joseph "  N.G. 

Hebert  Geoff "  B. 

Peltier  Pierre "  N.G. 

Leduc  Aug "  " 

Demers  Jean  Bte "  " 

Michelon  dit  Lau range  M.  "  « 

Hebert  Louis "  " 

Gendron  Chs "  " 

Brodeur  Christophe....  St.  Timoih6e  D, 

Trudel  Jean  Bte Chateauguay  " 

David  Pierre "  " 

RufTiange  Joachim "  «' 

David  Frs "  " 

Dupuis  Ren§ "  B. 

Rochon  J6r6mie St.  Vincent  de  Paul           " 

Tremblay  Michel St.  Martin  •* 


MONTREAL  PRISON 


159 


Place  of  resideoce  Wbat  became  of  h  ini . 

Maheu  Louis St.  Martin  D. 

"Voucher  Aug. "  D. 

^ereille  Jean  Bte "  " 

Lefebvre  Antoine "  " 

Thibeau  Louis "  " 

Primeau  Michel •'  a 

Lefebvre  Francois "  " 

On  the  17th : 

Robert  Olivier St.  Philippe  D. 

Robert  Hubert "  " 

Fauteux  Alexis "  N.  G. 

Roy  Antoine "  D. 

Roy  Pierre "  " 

RouilleRene '.  "  " 

Rouille  Gr6goire "  " 

PrevostTh^o La  Tortue  N.  G. 

Prefontaine  Toussaint.  Longueuil  B. 

Lague  Godfroy "  D. 

Bouthillier  Alex "  B. 

Wattier  Moyse Les  Oedres  N.  G. 

On  the  18th  : 

Tremblay  Edouard Beauharnois  " 

Tremblay  Isidore "  " 

Tremblay  Philippe "  " 

Bisette  Francois "  D. 

PrevostFran.  X "  KG. 

«<>y»"«  J-"-!"" "         { .fU^rwarfs  tTpor..d 

Hebert  Pierre, "  N.  G. 

Mathurin  Michel *'  « 

PapineauditMontigny  A.        "  " 

Brunette  Jacques "  D 

Jleheu  Barlh "  KG. 


160 


HIHTORY  OF  THE 


On  the  19th  : 

Place  of  residence  What  became  of  hlnu 

Gidillot  Jean  Bte St.  Philippe  B. 

Guichond  Hilaire "  " 

Bonaire  Edouard "  D. 

Pirons  Jos "  " 

Fauteux  Jean  Bte ''  N.  G. 

Quintal  Antoine "  " 

VadeboncoBur  Amable,  "  " 

Girouard  Jean  Bte "  " 

Surprenant  Medard....  "  D. 

Dirige  dit  Laplante  Ls..  St.  Constant  " 

Tremblay  Isaie "  " 

Laplante  Jean  Bte "  " 

Dulude  Martin "  " 

Leclaire  Frs Montreal  1' 

LeclaireJean "  « 

On  the  20th : 

Daoust  Jos St  Luc  *  « 

Proteau  Andr6 Boucherville  B. 

Jarrel  dit  Beauregard  P  St.  Charles  B. 

On  the  2l8t  : 

St.  James  Aug Laprairie  D. 

TherienFran St.  Cyprien  " 

Bourassa  Pierre Laprairie  ** 

Goyette  Antoiue "  " 

Henry  Fran Quebec  " 

PageBenoit Ste.  Marie  B. 

Ponton  Pierre Lacadie  " 

On  the  22nd  : 


* 


MONTREAL  PRISON 


161 


Place  of  residence         What  became  of  bim . 

Pare  Tos  Lacadie       I         '^°  ^^  hanged 

^*'®  ^^^ Lacaaie      |  afterwards  transported 

Dupuis  Charles "  Sent  to  N.  G. 

Bigoinnesse  Fran "  {  ,f  Jwkr'ds  tXrU,d 

V"donBe„o„i -  {     ^ft'^^lrd'^^ld 

Neveu  L.  G "  B. 

DeLorimier  Chevalier.  Montreal  Executed. 

Oampbell  Marc Pointe  aux  Trembles  B. 

L'Ecuyer  Jos.  L Chateauguay  B. 

On  the  26  th  : 

Boudreau  J.  I St.  Marc  B. 

Allard  Jean  Bte Belisle  D. 

Fratelin  alias  Braditch.  John  Dalmate        Sent  to  Quebec. 

On  the  27th  : 
Lariviere  Jos.  P St.  Eustache  N.  G. 

On  the  28th  : 

Perrigo  James St.  Martin  D. 

Gedeon  Brazeau "  B. 

Gagnon  Jos Chateauguay        N.  G. 

Merian  Frs ,  ''  '' 

Rochon  Michel "  " 

Demers  Jean  Bte St.  Philippe  " 

Legrand  dit  Dufresne  T.  jr....  "  " 

Laplante  Frs.  snr "  « 

Legrand  dit  Dufresne  Isidore.  "  " 

Tremblay  Julien "  ^' 

Normandin  Jean  Bte "  " 

Lefebvre  F.  H.  fils  de  Frangois.  "  «* 

Gagner  Pierre  dit  St.  Come...  "■  " 

Pousant  dit  Boileau  L '^  " 

Lefebvre  Eustache "  " 


162  HISTORY  OF  THE 


Place  of  reside 

Lefebvre  Touss.  fils  de  Celest.  St. 
Robert  Paul 

nee 

Philippe 

u 

4< 

(( 

.4 
4k 

U 
4» 

•  * 
.4 
k« 

k« 

4* 

M 
<• 

»* 

«» 

Wb»t  became  oflrtafr 

N.  G. 

it 

DuDuis  Toussaint  fils 

u 

Dupuis  Toussaint  fiU  dt  Louis. 
Bouchard  Michel 

u 
u 

Lefebvre  Kdouard 

4t 

Lefebvre  Pierre « 

Dupuis  Pierre,  fils  de  Pierre.. 

Trecublay  Joseph 

Giroux  Pierre 

Oaiyneau  Louis 

LangeviuJoc.  fils  de  Michel. 
Lefebvre  Qsleatin  C 

M 
M 

44 
M 
W 

4* 
M 

Lamarre  LiNhi 

*< 

Iipf«bvr«  Luc 

L^raiid  dit  DuAwMi Sn&ar. 
m  lisma  PmiI 

M 

jafpinswt  dit  L«fontaiae  A. 

«• 

.Aii«»l»i«>.  lir   m.  BMMlciM  fl< 


CJll0nMMH)f  til 


I 


t* 


MONTREAL  PRISON  16^ 

On  the  2nd. 

PlAOe  of  residence  What  beeam  e  of  bim^ 

Couture  Guill Lapr^sentation  N.  6. 

Nadeau  Fran "  " 

Roberge  Pierre "  ** 

Racicot  Fran "  « 

Lamontagne  Andr6 St.  Hyacinthe  N.  G. 

Morison  Donald  G '*  D. 

Papineau  Andr6  A "  B. 

Pacaud  Philippe  N "  ** 

Tetu  J.  F «  «* 

Laparre  J •'  *♦ 

RotoUille  Hyactntbc...             '*  *• 

Robeife  Olivier *•  0. 

nmneuf  Pierre  C Bl.  iteisaM  Bl 

T«Mif'rFran.. ,           **  O. 

%&ni**' irnrn^ *•  •• 

C^  1^  Sfd. 

timiii  B«Mi««         Ch«i«ti^u«f  ttimt  t«  .1.  Hi. 

HMtl4>fl. •  •• 

An.             ..           •"  • 


^teMi. 


«^WP    '^^wWt' 


Hi 


»' 


^4 


HISTORY  OF  THE 


Plaee  of  residence 


What  bee«me  of  him . 


Hamelin  Frs.  X  St.  Philippe  Executed. 

Longtin  Jacques Si.  Cn.Un.  {  ,  J^.'*,r'iS"^t.d. 

Daigneau  Jacques "  M.  G. 

Kob.rlTb*.phil. St  EdouTd  {  Af  J™1r!ln"?^-d. 

f'insonneaii  Joseph Bt.  Constant  N.  G. 

H,„»„„„,.U  Pud H..  Ph,l.pp.  )  ^Z^^,^^,^ 

Uu  thi^  Uth 

f 'asirram  J«an U-WHsiim  B 

ii4>hen  Arnaht*  mm  4.  n.  a 

UUmutOtt "  la^^ 

tr^mmm  Vn  *•  M 

tktiaHStii^  t€»fm^ni...^  M'l'hiU^jm 

Tniitii  Umm,  p »  HT"     VI  H 


1 


t»l» 


A«. 


r  1^ 


MONTREAL  PRISON 


165 


PIttce  or  rMidence  Wbal  haeame  of  bim . 

Vien  Ant Yamaska  O. 

On  the  19tb 

Surprenan.Tho-na. Sl-Philippe  [  .f^'jJlf,^^.*"^^. 

()d  the  20th. 

"*••"'«•»  ••>• *  Philippe  (  ^l^^^^r^ 

"«"•>"  '■■■  p "  1  .J™^!;«^ 

'■■»«'"'■ " •■  iJX'-.ri:^;^. 

On  tN3^ 

^wtmnwf  Vf% -.  WamxrmmX  IH^ 


■C 


ill  flHMs^M' 


a 


-||pl|P  ^jWr 


166 


HISTORY  Of  THE 


Place  of  residence  What  became  of  btm . 

Courioux  Gabriel 8t  Marc  N.  G. 

January  Ist  1839. 

Wadley  Taylor Hatley  a 

On  the  4th. 
LedueR^n^ ScTbimoth^  B. 

0«a..ocMl.J«. -  {.J;;'1„^.X. 

RorhonTwj.         Hwuiharnoii  !   w.^**  ^.  ***''^^ 

(   aiterw  trant^jortad 

PnrMr  K.  m..,.,. ill  Thiraolli^  }  ^^*^  hai.K*.-! 

"*"***  i    aft4»rw   trati*^ort«^ 


{ 


%ll9 


!•  I* 


il,  iMHi  ¥m 


t)»  l» 


ll» 


H 

sMk    HUB)  i^^^^^^^^i^A 


Iji  1 


MONTREAL  PRISON 


167 


Place  ot  residence 

Boyer  Jean  Bte St.  Edouard 

Boyer  Louis " 

BoyerJosepb '' 

Robert  Prosper " 

Raymond  Jos " 

Lanctot  Ant " 

I'msonnauit  Rone "        \ 

Dupuis  Bemabe. St  Constant 

LoDgtin  Ifoyse... La  Tortue   ] 

Vandal  Anioine. SL  Athaaiae 

Remtiiard  Ed Lacidie 

Mandat  Chaa ^ St  Riilippe  | 

Coupai  Jo«....».«». " 

Habert   Dairi4..» 9L  Cffmmi 

HttiMMitMBault  Louit.    .  9t    Rcmi      ' 

PiwT. m  Valentin 


Wbat  became  of  him. 

B. 
B. 

D. 
B. 
D. 
B. 

To  be  hanged 
afterwards  trrnsported 
D. 

To  be  hanged 
afterwards  transported 

a 

D 

To  be  banged 
afterwards  bailed. 

a 

B 

To  be  haapi 
a^«rwards! 


it  raiMMs 

Ia  TortiMi 


fl 


Ob 


HI 

Ml 

m 


ft 


nais  m»  MMi 


*<  ^Smmvf^ 


i68 


HISTORY  OF  THE 


Onthe  18th  and  22nd. 

Place  of  residence 

Nicolas  Francis Lacadie 

Surprenant  Fre ~  St.  Philippe   j 

Lavoye  Pierre St.  Cyprien     | 


Coupal  Ant Lacadie  \ 

Bigonetse  Fr« St.  Cyprien  j 

Marc«au4o« Lacadie  ] 

Oligny  Isaac 


^•••«  ••••• 


.....  St  RAmi 


On  theSmh 


niliominique "^L  VatiiiUii 

M 


0i  *•  mil. 


ummm 


f 

i 


Wb»t  became  of  blm . 

Executed. 

To  be  hanged 
afterwards   bailed. 

To  be  hanged 
afterw.  transported. 

To  be  hanged 
afterw.    transported. 

To  be  hanged 
afterw.   transported. 

To  be  hanged 

afterw.    transported. 

B. 


ft. 
R 


To  be  h 

Te  he 

II 


MONTREAL  PRISOX  169 

On  February  2nd  1839. 

Place  ol  residence  W'bat  became  ufbim. 

Tremblay  Touss.  V St.  Philippe  B. 

Chamberlain  Erastus...  St.  George  D. 

Tessier  Michel St.  Timothee  B. 

Molt  Benjamin Vermont         |    ,.  '^^  ^.  ^*"»'^'^.  ^ 

^  ( afterw.    transported. 

Bourdon  \^m* St.Cesaire      f    ,. '^**  *^,  \v^xi^^ 

(  altera .    transported. 

Bonwuel  Jean  Bte -  i       To  be  hanged 

^  ( afterw.    tran}i{>orle<i. 

On  the  11.  l:{  and  liith. 

Boim|ue  Jean  Ble. St  Xhkxmim  D. 

Jobnaon  J.<m^ii Vermonl  1>. 

Heauchamp  Ovid« Cbatcsuftiajr 

Boiidfviiii  K '*  IL 

CIn  thm  flh  l|jir«  h 
(StmyHifim Ileatibartioit  I     tJ^^. 

i^vinCha* .HI.  Martiu       j        ^^  ^ 

^  ^-^ ^..^    (       T«  b»ii 

I 
•t 


170  HISTORY  OF  THE 

Piftce  of  residence  What  became  of  blm . 

Rochon  Jeremie St  Vincent  de  Paul  { '^a'ft^  t^aSfp!* 

_       ,        ,                      J,       ,         .     (  To  be  hanged 

Roy  Joseph  Beauharnois  |  a ftervv.  transported. 

Trudelle  Jean  Ble Chateauguay  |  aftlr'^^^tranr^^rid. 

TreinblayEd Beauharnois  |  aftenJlrdri^utd 

Charbonneau  An St.  Timothee  |  aften^ardMbltfed 

HebertJ    1> St.  Cvprien     \  Jo  be  hanged 

Patentudf?  Clo' -i 8t.Con.Unt    |  jf^J^fll'rd^J^'JSlid. 

...                          \M       ^              (  To  be  hanged 

Hot  »*»"»« Beauharnoi.  ^^  ^^^^^  iran»j!>rted. 

C  To  be  tiantft'd 

TremWay  Philipp.* **            }  ifierw.rd.   bail«l. 

.      .       „                         ^   «.^ .    }  To  b*"  hangwl 

v«rdoti  j^n«»i iM.  a^Mra   |  art«rw«rd»  l»i4«d 

(Vnidrton  ilitf. ..•....»..  Hi  tfiMflMaa  i>- 

P.  B       MitBtiwi  Ol 


ll«atrefti  it 


MONTREAL  PRISON  171 


Place  of  residence  Wbat  became  of  hiu . 

Smith  Natkin Michigan        Sent  up  the  country. 

Pen  Benjamin  F New- York  " 

Hull  Henry  L "  " 

Parker  Glancey Michigan  " 

May  22n(l 

Blanchette  Chas Lapresentaliott  D. 

AllardJos.  T Varennes  " 

PoirierJ.  Bie St.  Mathieu  '« 

June  tith. 

Ou^rin  Francif St.  Euilache  %, 

^«wcombe  Henry <*hateaugu»y  Wl 

June  Hth,  12  and  13. 

I^ngloii  .rar^tiM QiMbn  % 

Vifi»r  Bona^eiUiir». BoiirhemUe  % 

Vifer  Hilancn    Bou<rh«r*ill*  S 

<»itii  J.  H.  Bi«f Moniraiil  H 

l*«ni«*u  iat,  tin*  «14«-  Wl  Itorr  H 

^^^  Ifllv  9KlKtm  vM  WHB- 


%■•  ^^Bl^  wHt. 


■  flw^      iS'^Hw  ■=  ^^Ku, 


172  HISTORY  OF  THE 


On  the  7th.,  &c. 

Place  of  residence  What  became  of  hint 

Truchon  Guill Ste  Anne  des  Plaines  B. 

Bourget  Jos St.  Athanase  B. 

BachantFrs "  B. 

Hebert  Jacques "  B. 

August  14th. 
Lavall^e  Dominique...  **  B. 

October  3rd 
Lalonde  Joseph St.  Augustin  I^ 

October  26th  1839. 
Pouchett«  Charier Ste  Schoiastique  & 

March  Cth  1h40. 

Jftlbert  Fran^oifli,  for  High  Treafton.  bailed  and  altar- 
warda  diaduurg<»d.  accordi&f  ta  the  annexed  order 

"  I  h**r«by  c«rtif|  that  on  the  eighth  day  of  Febro»ry 
itiatant  Fraa^ts  Jalbert  and  Cfientin  }k«Kiaoi«ii  were 
hrooi^t  ap  frrtoi  (>«rol  aadar  a  writ  of  H.  V.  «id 
iitt«4  to  baii  by  tt^i  Hen  Hia  G*«rf«  Pyk^*  o««  of 
JwlMaa  of    lh<«  C    of  K.  M .    ^nd   tK«>r(>np"«  di«^ 


mi  F«lHniarT  1m41 

I.  If .  IIki«i»i.£, 


9  li^  MHlfpi  l^pMu 


MONTREAL  PRISON  173 


show  to  them  that  a  good  number  of  English  names 
figure  among  the  Patriots  of  1837-38-39  I  now  gieve 
in  chonological  order  of  arrest  as  near  as  possible  the 
names  of  all  English  speaking  persons  arrested. 

T.  S.  Brown  was  no(  arrested   but  escaped  to  the  States. 

Dr  Robert  Nelson  •          ''           ' 

Bd.  B.  O'Callaher  *•          "          "          "         '•    "        " 

John  Rvau  "          ' '    "        " 

In  chronological  order  ot  commitment. 

Georg«>  Dillon,  flrat  Rngiish  speaking  Patriot  arrested  and 
«*«nt  to  Jail  ;  A.  K.  Barclay  ,  Daniel  Forties  ;  Dr  Wolfred 
NeUon  :  Wro  H.  Hcott  :  HuKh  Ward  ;  Robert  Mrliahoa  ; 
Dr.  Leonard  Brown  ;  Falrirk  Murray  ,  Peter  O'Callighan  ; 
S9\\  H<:ott  ,  Wm.  Hiyth  ;  Jamep  Watts  ;  Enoch  Jar^fiiM  ; 
J.  Murphy  ,  Wm  Allan  ,  Patruk  Flanagtian  ,  Hugh  F^Mfnan. 
Wm.  Wbiilof  k  .  Mh :ha#i  Dwyer ;  Donald  G«orge  MorriMMi ; 
A.  Qtart«*i  Hradv  .  John  \\f\%t\  Bales  Daniel  Woifred  : 
l^fHain  Taylor  Wadky  ,  John  *-»quir«*s  ,  Jam^*  Johnson  . 
Jowfph  \\m\^j  .  imam  Perrifo  ,  VMmnfB  Putown  ,  Hie|^h«ii 
H««>v«Hi  Fr«wni«ft  Miller ,  Henrr  SVwromb  ,  Jotin  MeDofiaUl 
L  J  ifji«k'«i  iitUu  Ikttu^fimut  ioliii  Fuiivni .  <-h«rles  iiewitt , 
Umm  li»  [tsm    S»>gu«  .  J«liii  H    Wefaatwr  ;  Pttmck 

tl^f*  *  ,*^00-f  l^tmati  <  h*tim  Hm^eUrif  Htrnjafiiffi  M<rii , 
Ur  limmmA  IUwomiM^  ,  Wm  IMum  .  Thmmm  lMti»t>  Umt 
Otnpitll.  Smmk  tiiiili      Thm.  I.  MihtfliM     s^uif* 


Imfm  mmm  m.  CMm^t   hu  W  Piiriip , 

WWfW^f  ,   m     W'     JwWw    ■■HHV   „     •■■■I     WKtWWt  , 


FlweK"iS  nMNM  .   mHiW^WI  fSeSW     Wt'^BBiP? 


174  HISTORY  Of  THE 


CHAPTER  XIV. 


Burning  of  the  Parliament  House. — Excitement. — M-ssrs.  Macii,  Ferris 
4c — The  Riot  by  an  eyewitness. — Colonel  Gugy.— Mr.  Powell  M.  P. 
for  Carlton. — Quebec  Mercury  of  1855. — Copy  of  commitment  of 
Mack  and  Ferris  Ac. — Discharge  of  those  suspected  of  arson. 


I  now  come  to  a  very  eventful  period  in  the  History 
of  Montreal  and  consequently  of  the  Montreal  G-aol  as 
several  of  the  actors  of  this  drama  were  incarcerated 
therein  for  complicity  or  connection  in  the  Burning  of 
the  Parliament  Buildings  where  now  stands  St.  Ann's 
market.  A  great  change  had  come  over  men's  minds 
during  the  past  ten  years.  As  regards  those  men  who- 
had  risen  in  arms  against  their  country  in  1837-38  and 
it  is  not  to  be  wondered  at,  that  when  many  of  them 
after  their  return  from  exile  in  1842  received  Grovern- 
ment  appointments  or  were  returned  as  members  of  Par- 
liament, that  something  was  done  to  recover  their  pos- 
sessions and  properties  lost  during  the  uprising  of  these 
years  or  to  be  indemnified  therefor.  At  this  period  a 
Bill  was  brought  before  Parlianfent  to  indemnify  all 
losses  incurred  during  the  rebellion  and  to  restore  pro- 
perty and  land  to  their  original  owners.  This  was 
bitterly  opposed  and  the  utmost  amount  of  ill  feeling 
generated  betwe*^    the  opposing  parties. 

Montreal  was  in  a  terrible  ferment  anent  this  bill. 
We  will  give  an  extrac  ."  ^m  my  "History  of  Montreal  " 
of  this  period  where  i     ^/«  : 


MONTREAL  PRISON  \lb 


"  During  the  session  of  Parliament  in  1849,  a  Bill 
was  introduced  and  passed  providing  for  the  payment 
of  losses  sustained  during  the  Rebellion.  The  British 
inhabitants  were  indignant  that  any  such  Bill  should 
have  been  introduced,  and  every  means  were  taken  to 
prevent  its  passage  through  the  House.  When  it  had 
been  passed,  great  anxiety  was  manifested  as  to  wheth- 
er it  would  receive  the  sanction  of  the  Governor-Gre- 
neral.  On  Wednesday,  the  25th  April  1849  a  day  which 
will  bo  long  noted  in  the  annals  of  our  city,  Lord  Elgin 
proceeded  to  the  Parliament  House  to  sanction  the 
new  tariff,  and  other  Acts.  About  jfive  o'clock  in  the 
afternoon  he  sanctioned  a  number  of  Bills,  and  among 
them  was  the  objectionable  Rebellion  Bill.  No  sooner 
had  the  Bill  become  law  than  the  information  was 
conveyed  to  the  crowds  in  waiting  outside  of  the  build- 
ing, and  when  His  Excellency  appeared  he  war 
received  with  groans  and  pelted  with  stones  and  eggs 
The  excitement  was  intense.  Printed  notices  were 
posted  in  various  parts  of  the  city,  calling  a  mass  meet- 
ing to  be  held  immediately  on  the  Champ  de  Mars,  and 
by  eight  o'clock  an  immense  number  of  persons  had 
assembled,  when,  after  some  strong  resolutions  had 
been  passed,  the  cry  was  raised  '  To  the  Parliament 
Buildings. " 

The  House  of  Assembly  was  engaged  in  discussing 
the  Judicature  Bill,  when  a  loud  shout  gave  the 
members  warning  that  ;.  riot  was  fomenting  outside. 
A  number  of  stones  were  now  thrown  through  the 
windows,  and  in  a  short  time  there  were  but  few 
squares  of  glass  left  unbroken  in  the  whole  range  of 
the  buildings. 


176  HISrORY  OF  THE 


By  this  time  the  members  had  all  retreated,  when 
about  a  dozen  persons  entered  the  Assembly  Hall,  and 
one  of  them  of  the  name  of  Courtney  boldly  seated 
himself  in  the  Speaker's  chair,  and  muttered  something 
about  dissolving  the  Parliament.  The  others  then  com' 
menced  the  work  of  demolishing  all  that  came  before 
them,  sticks  being  thrown  at  the  glass  globes  on  the 
gasaliers  which  were  beyond  their  reach. 

The  cry  of  fire  was  now  raised,  and  it  was  discovered 
that  the  building  had  been  firtd  by  some  of  the  mob. 
The  fire  spread  with  great  rapidity,  and  in  half-an-hour 
the  whole  building  was  wrapped  in  a  sheet  of  flame. 
No  attempt  was  made  to  save  the  building,  and  the 
engines  were  only  used  upon  the  surrounding  pro- 
perty. By  this  fire  the  valuable  library,  containing  the 
archives  and  records  of  the  colony  for  ov^r  a  century, 
was  completely  destroyed.  The  only  article  saved 
was  the  mace  belonging  to  the  Lower  House.  The  party 
who  saved  the  mace  carried  it  to  Donegani's  Hotel,  and 
delivered  it  to  Sir  Allan  McNab. 

The  mob  now  proceeded  to  the  residence  of  Mr.  La- 
fontaine,  and  set  it  on  fire,  but  through  the  efforts  of 
some  of  the  citizens  the  flames  were  extinguished,  but 
the  whole  of  the  furniture  and  library  was  completely 
demolished.  Several  other  houses,  occupied  by  obnox- 
ious  members  of  the  Parliament,  were  also  destroyed. 

It  was  feared  that  the  Governor  might  suflfer  from 
the  violence  of  the  mob.  He  therefore  left  his  residence 
at  Monklands  and  remained  in  the  city  under  the  pro- 
tection of  a  military  body. 


MONTREAL  PRISON  Ml 


On  the  26th,  Messrs  Mack,  Howard,  Ferris,  Montgo- 
mery and  Perry,  were  arrested  on  the  charge  of  arson, 
and  were  committed  for  trial.  A  crowd  of  nearly  3000 
persons  accompanied  them  to  Jail,  but  no  violence  was 
fihown. 

The  Parliament  building  destroyed  during  this  riot, 
was  originally  the  St.  Ann's  market ;  the  interior  of 
which  had  been  remodelled  for  the  accommodation  of 
the  Legislature.  It  was  342  feet  in  length  by  60  in 
width,  the  central  portion  projecting  four  feet  beyond 
the  wings.  It  was  constructed  of  Montreal  limestone 
and  though  plain,  its  only  ornament  being  a  portico 
at  either  end,  presented  an  eflfective  apparence.  " 

The  excitement  continued  and  men  of  all  ranks  then 
invited  the  interposition  of  the  Americans.  The  popu- 
lar feeling  on  the  British  side  was  roused  to  madness, 
and  threatened  the  integrity  of  the  Empire.  It  was 
seriously  and  openly  proposed  to  sever  the  connection 
with  Britain  and  annex  Canada  to  the  United-States. 
Does  not  this  seem  amazing  ?  Not  more  than  10  or 
11  years  had  passed  and  these  same  annexationists 
were  Constitutionalists  against  the  Patriots  of  1837,  38, 
Now  they  are  exactly  in  the  same  position  as  the 
French  party  during  that  period.  Two  days  after  the 
obnoxious  Bill  had  passed,  a  riot  took  place  and  Colo- 
nel Gugy  was  of  the  greatest  use  then  in  calming  the 
populace.  An  eyewitness  of  this  thus  describes  it ; 

••  Having  worsted  the  police,  and  defying  the  troops 
the  populace  assembled  round  the  government  house, 
bent  on  taking  it  by  storm,  and  killing  Lord  Elgin  who 
was  in  it.    Without  Colonel  Gugy  the  attempt  would 


178  HISTORY  OF  THE 


Jiave  been  made,  but  walking  cooly  up  and  down  he 
soothed  the  multitude,  and  persuaded  them  to  desist- 
So  happy  was  he  in  his  manner  of  dealing  with  them 
that,  notwithstanding  his  opposition  to  their  wishes, 
they  carried  him  home  on  their  shoulders  in  triumph. 
Neither  the  police  or  the  troops  produced  any  effect 
on  the  infuriated  multitude.  The  administration  there- 
upon put  muskets  into  the  hands  of  a  body  of  French 
Canadians  who  were  drilled  and  intended  for  the  re- 
pression of  the  British  population.  The  latter  arming 
themselves,  marched  in  a  sort  of  military  array  to 
attack  the  French,  and  a  terrible  night  conflict  was 
about  to  tak«  place  in  the  streets  o*"  Montreal.  To  pre* 
vent  it,  a  wing  of  the  Tlst  Regiment,  and  two  guns 
loaded  with  grape,  were  drawn  up,  with  orders  to  fire 
with  effect  on  the  advancing  multitude.  The  latter  had 
nearly  reached  the  limit  assigned  them  by  the  officer 
commanding,  and  the  troops  were  about  to  fire,  when 
Colonel  Gugy  met  the  crowd  and  threw  himself  into 
its  midst.  Ascending  a  lamp-post,  he  addressed  them 
for  upwards  of  two  hours  without  faltering,  eventually 
inducing  the  multitude  to  disperse.  It  was  like  a  man 
tied  to  the  guillotine,  making  a  speech  with  the  axe 
pendent  over  his  neck.  If  it  be  true,  as  it  is  true,  that 
but  for  his  intervention,  four  or  five  hundred  natives 
of  the  British  Isles  might,  or  would  on  that  occasion 
have  been  slaughtered  by  the  troops,  it  is  manifest 
that  the  connexion  with  Britain  must  have  been 
severed.  " 

Mr.  Powell  Esq.  M.  P.,  for  Carleton  writing  in  the 
"  Quebec  Mercury "  of  date  4th  January  1855  and 
recounting  the  events  of  this  memorable  night,  thus 
says  : 


MONTREAL  PRISON  179 


*'  There  is  a  dark  spot  in  the  page  of  Canadian  his- 
tory ;  the  angry  passions  of  men  were  aroused  by  an 
act  which  was  by  them  deemed  to  e.rtend,  not  only  the 
sanction  of  the  law  to  treason,  rebellion  and  murder, 
but  worse  still — to  reward  them.  The  spirit  of  those  who 
had  lived  obedient  to  law  all  their  lives  rose  in  pas- 
sionate revolt  against  an  enactment  to  their  minds  sub- 
versive of  every  principle  of  religion,  morality  and  law. 
The  flames  of  the  House  in  which  the  statute  was 
passed,  with  all  the  most  valuable  records  of  the  coun- 
try, fearfully  attested  the  state  of  men's  minds.  It  was  at 
such  a  moment,  when  energy  and  determination  were 
most  required,  that  the  energies  of  those  whose  duty 
it  was  to  quell  the  storm  seemed  thoroughly  paralyzed. 
There  was  one  man,  at  least,  who  proved  an  exception 
to  the  prevailing  cowardice.  That  man  was  Colonel 
Q-ugy,  Dark  as  is  the  memory  of  those  days, 
they    would   have    been    darker    still    but    for    him. 

Not  only  did  he  throughout  those  trying  scenes,  by 
his  influence — by  his  example — by  his  unwearying 
exertion,  restrain  the  passions  of  the  enraged  multitude, 
but  on  one  particular  occasion  he  stayed  the  tide  of  riot, 
of  bloodshed,  and  what  might  have  terminated  in  a  rebel- 
lion worse  than  that  which  had  been  so  lately  rewarded. 

"Well  do  I  remember  the  second  night  after  the  Par- 
liament House  was  burnt,  when  the  tidings  spread  like 
wild-fire  through  the  City,  that  the  Government  had 
armed  their  supporters  in  the  suburbs,  and  that  even 
ftt  the  moment  they  were  assembled  at  Bonsecours 
Market.  A  spirit  was  evoked  in  i-he  breast  of  every 
opponent  of  such  a  rash  and  one-sided  act  as  the  arming 


180  HISTORY  OF  THE 

of  one  part  of  the  population  against  the  other,  that 
boded  fearful  results,  had  the  flame  once  burst  its 
bounds.  Arms  were  in  the  hands  of  every  man  and 
boy  who  could  bear  them,  and  a  stem  determination  in 
the  minds  of  all  to  meet  in  deadly  hostility.  The 
military  were  drawn  up  across  Notre  Dame  street,  near 
Jacques  Cartier  Market,  cutting  off  communication  by 
that  street.  It  was  at  this  time  when  all  were  resolved 
to  force  their  way  through  the  armed  troops  to  reach 
the  Bonsecours  Market,  that  Grugy  appeared  amongst 
them,  and  from  the  paling  on  which  I  was  standing 
by  his  side,  addressed  the  assembled  multitude,  and  by 
his  commanding  eloquence,  his  boldness,  his  energy 
and  strong  common  sense,  succeeded  in  allaying  the 
popular  excitement,  and  inducing  all  to  disperse  in 
quiet  to  their  homes.  Had  he  not  been  the  instrument 
in  the  hands  of  that  Power  who  rules  over  all,  He 
alone  knows  what  might  have  been  the  consequence  of 
the  shedding  of  the  blood  which  must  have  flowed  on 
that  night. 

Up  to  the  present  time,  I  have  never,  amid  all  the 
obloquy  which  has  been  heaped  upon  his  name,  seen  one 
word  of  tribute  in  justice  to  conduct  which  was  as 
honorable  to  the  man,  as  invaluable  to  our  common 
country.  Such  is  the  testimony  of  an  eye  -  witness^ 
Under  a  lamp  elevated  about  ten  feet,  above  an 
armed  and  infuriated  mob,  in  the  lull  glare  of  the 
light,  hearing  the  imprecations  ot  the  frantic  mul- 
titude around  him,  varied  by  the  occasional  flash 
of  fire-arms  and  the  whistlng  of  a  ball.  Colonel  Q-ngy 
was  a  mark  which  no  man  could  miss.  He  could 
at  any  moment  have  been  killed,  even  with  a  brick 


MONTREAL  PRISON  181 


bat,  and  as  every  man  has  his  friends  and  his  enemies, 
he  must  have  felt  that  his  time  was  at  hand.  He  knew 
that  within  a  hundred  and  fifty  yards  were  two  guns 
charged  with  grape — and  upward  of  200  soldiers  with 
guns  loaded  and  capped,  and  he  must  have  heard  the 
officer  in  command  press  on  the  troops  the  necessity  of 
firing  with  effect.  He  must  have  felt  that  any  half 
dozen  imprudent  or  drunken  fellows  might  have 
brought  all  the  fire  upon  him.  Yet,  for  two  long  hours 
and  more,  despite  continual  interruption,  he  never 
faltered.  Avoiding  all  irritating  topics — gently  insi- 
nuating respect  for  order — appealing  to  the  hearts  of  his 
audience  —  drawing  affecting  pictures  of  desolated 
hearths,  widowed  mothers,  and  helpless  orphans, — 
soothing  this  one,  cracking  a  joke  with  another,  then 
provoking  the  laugh  which  indicates  the  calming 
down  of  irritation  ;  he  eventually  induced  the  assem- 
bled thousands  peaceably  to  disperse.  He  performed 
the  same  part  on  several  evenings,  always  at  more  or 
less  risk,  and  it  is  undeniable  that  it  was  owing  to  his 
efforts  that  no  blood  was  shed. 

On  the  night  above  referred  to,  considering  the 
proximity,  number,  and  disposition  of  the  soldiery, 
with  the  dense  mass  of  closely  packed  thousands  in  the 
street,  no  one  can  affect  to  rate  the  killed  and  wounded, 
had  the  troops  fired,  otherwise  than  by  hundreds. " 

I  now  insert  the  warrant  of  those  who  took  the  most 
important  part  at  this  time  and  their  discharge. 

The  first  is  the  following  : 


HISTORY  OF  THE 


Province  of  Canada)      /^i^^,^,,^^  „„^ -d^.^™ 
m^lTict  of  Montreal    S      ^^^^^^^  ^^  ^«^  ^^^^^^ 

William  Ermatinger,  Esquire,  one  of  the  Justices  of 
Our  Sovereign  Lady  the  Queen,  assigned  to  keep  the 
Peace  in  the  said  District. 


To  the  keeper  of  the  Common  Gaol  of  the  said  District. 

Greeting  : 

"Whereas  "William  G.  Mark,  Esquire,  x4.dvocate,  James 
Moir  Ferris,  gentleman,  Augustus  Hev^ard,  merchant 
broker  and  Hugh  E.  Montgomery,  merchant,  all  of  the 
Parish  of  Montreal,  in  the  said  District,  stand  charged 
upon  oath  with  having  at  Montreal  aforesaid  on  the 
twenty-iith  of  April  instant,  maliciously  and  feloniously 
caused  and  instigated  a  mob  of  which  they  were  the 
leaders  and  principal  instigators  to  set  fire  to  and  con- 
sume the  Parliament  House  in  the  City  of  Montreal. 

These  are  therefore  to  authorize  and  command  you, 
to  receive  into  your  custody  the  said  "William  G.  Mack, 
James  Moir  Ferris,  Augustus  Heward  and  Hugh  E. 
Montgomery  and  them  safely  keep  for  future  examina- 
tion. 

Given  under  my  hand  and  seal  at  Montreal  the  26th 
day  of  April  1849,  in  the  twelfth  year  of  Her  Majesty's 
reign. 

"W.  Ermatinger,  J.  ?• 

Mr.  Alfred  Perry's  commitment  is  one  by  itself 


MONTREAL  PRISON  183 


The  second  document  is  the  discharge  paper  and 
thus  reads  : 

Province  of  Canada ) 
District  of  Montreal    \ 

To  the  keeper  of  Common  Graol 

of  and  for  the  said  District. 

Discharge  out  of  your  custody  the  bodies  of  William 
Mack,  James  Moir  Ferris,  Augustus  Heward,  Hugh  E. 
Montgomery  and  Alfred  Perry,  they  having  been 
admitted  to  bail. 

Montreal,  28th  April  1849. 

W.  E^MATINOER,  J.  P 


184  HISTORY  Of  THE 


CHAPTER  XV. 


St.  Albans  liaid.  —  Names  of  the  Kaiders.  —  Trial  of  the  same.  —  Last 
remarks  of  Judge  Smith. — Returns  of  Louis  Payette,  Gaoler. — Extracts 
from  the  speeches  of  Mr.  Kerr,  Hon'ble  Mr.  Laflamme,  Mr.  Strachan 
Bethune,  Judge  Johnson  and  Hon'ble  J.  J,  C,  Abbott. 


I  now  come  to  the  most  important  trial  ever  held  in 
Montreal,  that  of  the  St.  Albans's  Raiders.  During  the 
terrible  fratricidal  war  between  the  Northern  States  of 
America  and  the  Southern  a  band  of  young  men  sworn 
soldiers  of  the  Confederate  army,  entered  from  Canada 
the  State  of  Vermont  and  raided  the  Town  of  St.  Albans 
in  that  State  and  after  committing  certain  acts  of  violence 
escaped  back  to  Canada  with  their  spoil.  Almost  all 
the  remarks  which  will  be  made  on  this  aflfair  have 
been  culled  by  his  permission,  from  a  well  digested  and 
written  volume  of  the  History  of  the  Trial  by  L.  N. 
Benjamin,  Esq.,  Advocate,  of  Montreal.  The  namep  of 
those  incarcerated  in  the  Montreal  Jail  and  tried  for 
this  offense  and  acquitted  are  Bennett  H.  Young, 
Samuel  Eugene  Lackey,  Marcus  Spurr,  Alexander  Pope 
Biuce,  Charles  Moore  S  wager,  Caleb  McDonell  Wallace, 
Joseph  McGrorty,  George  Scott,  "William  H.  Hutchin- 
son, Dudley  Moore,  Thomas  Bronsdon  Collins,  James 
Alexander  Doty,  Samuel  Simpson  Gregg  and  Squire 
Turner  Teavis.  These  men  according  to  their  com- 
mitment did  rob  tiie  Bank  of  St.  Albans  of  $70,000,  and 
one  man,  a  depositer  at  the  time,  of  $300.  The  best  array 


MONTREAL  PRISON  185 


of  legal  talent  that  the  Province  could  produce  was 
enlisted  on  both  sides,  but  it  mast  be  averred  that  the 
prisoners  counsel  carried  the  day  and  were  completely 
sustained  by  the  Privy  Council  of  England.  When  the 
cise  was  opened  on  Novecaber  2nd,  1864,  the  Court  was 
crowded.  Hon'ble  Mr.  Abbott,  Q.  C,  Hon'ble  Mr.  La- 
flamme,  Q.  C.  afterwards  minister  of  Justice  in  the  Mc- 
Kenzie  government  at  Ottawa,  and  Mr.  Kerr,  Q.  C,  were 
the  lawyers  who  appeared  for  the  St.  Alban's  Raiders, 
Mr.  Devlin  Q.  C,  since  dead,  appeared  for  the  United 
States'  Government,  associated  with  the  Honorable 
M.  Edmonds  of  Vermont,  Mr.  Johnson,  Q.  C,  now 
Hon'ble  Judge  Johnson,  senior  Judge  Court  of  Review, 
and  Mr.  Carter,  Q.  C,  since  dead,  represented  the 
Crown ;  Mr.  Strachan  Bethune,  Q.  C,  the  Hon'ble 
John  Rose,  Q  C,  and  Mr.  Ritchie,  Q.  C.  were  also,  con- 
nected with  the  trial. 

It  began  before  Judge  Coursol  who  dismissed  the 
prisoners  as  he  held,  he  had  no  jurisdiction  ;  then  coming 
before  Hon'ble  Judge  Smith,  after  a  long  and  most 
careful  examination  of  facts  and  documents  and  after 
speeches  remarkable  on  all  sides  lor  terseness,  fluency 
and  fervour,  His  Honor  concluded  his  summing  up  of 
three  hours  and  a  half,  on  December,  13th  1864,  in 
these  words  :  "  I  am  therefore  constrained  to  hold  that 
the  attack  on  St.  Albans  was  a  hostile  expedition  autho- 
rised both  expressedly  and  impliedly  by  the  Confederate 
States:  and  carried  out  by  a  commissioned  officer  of 
their  army  in  command  of  a  party  of  their  soldiers.  And 
therefore,  that  no  act  committed  in  the  course  of,  or  as 
incident  to,  that  attack  can  be  made  the  ground  of 

extradition   under  the   Ashburton  treaty.     And  that  if 
13 


186  HISTORY  OF  THE 


theie  had  been  any  breach  of  neutrality  in  its  incep- 
tion, upon  which  point  I  state  no  opinion,  it  does  not 
affect  this  application,  which  must  rest  entirely  upon 
the  acts  of  the  prisoners  within  the  territories  of  the 
State  demanding  their  extradition,  and  upon  their  own 
dalu$  and  authority  as  belligerents. 

'*  I  am  bound  to  scrutinize  with  a  greater  degree 
of  caution,  the  circumstances  of  any  case  which  ap- 
pears to  possess  a  political  character,  or  which  seems 
to  grow  out  of  the  struggle  which  is  now  proceeding. 
And  I  must  be  the  more  scrupulous  in  weighing  the 
pretensions  of  the  prisoners  as  to  their  justification  by 
their  possession  of  a  belligerent  or  political  character, 
when  I  know,  that  the  defence  arising  out  of  such  a 
character,  which  England  would  recognize  as  valid,  if 
sustained,  would  not  even  be  received  or  listened  to 
in  the  United  States  as  being  sufficient  in  law,  however 
fully  substantiated.  This  question  was  discussed  in 
the  United  States,  during  the  trial  of  the  "  Savannah  " 
case  ;  and  the  defence  of  the  prisoners  that  they  were 
commissioned  belligerents,  was  ignored  by  the  dictum 
of  Judge  Nelson,  charging  the  jury,  as  matter  of  law, 
that  neither  he  nor  they  could  take  that  defence  into 
consideration  at  all,  until  the  belligerency  or  indepen- 
dence ofthe  Southern  States  was  recognized.  It  behoves 
us,  therefore,  to  be  satisfied  that  the  offence  of  robbery, 
according  to  our  interpretation  of  the  position  of  the 
Confederates,  has  really  been  committed,  before  I  con- 
seu:  to  order  these  prisoners  to  be  remitted  for  a  trial  of 
the  issue  they  raise  in  their  defence,  to  a  tribunal  which 
would  ignore  that  defence  as  insufficient  in  law, 
however  satisfactorily  established  ;  and  I  consider  the 


MONTREAL  PRISON  187 

remarks  of  Judge  Grompton  already  referred  to,  as 
being  peculiarly  appropriate  to  such  a  condition  of 
things. 

With  this  view  of  my  duty,  I  have  gone  carefully  and 
at  perhaps  unnecessary  length  into  this  matter.  I  have 
considered  it  proper  to  enter  at  greater  length  into  the 
examination  of  some  questions,  which  perhaps  in  them* 
selves  admit  of  no  great  doubt,  but  upon  which  in  my 
humble  judgement  erroneous  views  have  been  enter- 
tained, and  urged  with  great  earnestness  at  the  Bar.  I 
have  endeavored  to  guide  myself,  by  what  is  recognised 
as  law  by  the  civilized  world,  instead  of  suffering 
myself  to  be  swayed  by  popular  cries,  or  by  the  pas- 
sions and  influences  which  the  proximity  of  this  lamen- 
table convulsion  has  stirred  up  among  us.  And  I  have 
come  to  the  conclusion  that  the  prisoners  cannot  be 
extradited,  because  I  hold  that  what  they  have  done 
does  not  constitute  one  of  the  offences  mentioned  in  the 
Ashburton  treaty,  and  because  I  have  consequently  no 
jurisdiction  over  them.  I  am  of  opinion  therefore  that 
the  prisoners  are  entitled  to  their  discharge." 

At  the  end  of  this  charge  loud  cheers  arose  in  the 
Court  House  which  the  officers  could  not  suppress  and 
which  were  taken  up  and  repeated  again  and  again  by 
the  crowds  in  the  lobbies  and  outside  the  building  in 
the  streets. 

The  prisoners  were  remanded  for  some  days  after 
and  at  the  next  meeting  of  the  Court,  Mr.  Devlin  stated 
that  he  had  been  officially  notified  by  Honorable  Mr. 
Cartier,  that  on  account  of  Judge  Smith's  decision  it 
was  the  intention  of  the  Government  of  the  United 


/ 

•188  HISTORY  OF  THE 


States  to  withdraw  the  charges  against  the  prisoners,  a& 
the  Canadian  Government  intended  proceeding  against 
the   St.  Alban's  Raiders  for   breach  of  neutrality  laws. 
From   the   20th   October   1864    when   the    raid    took 
place  and  for  months  after  the  people  of  Canada  were 
wonderfully  affected  and  divided  between  the   North 
and  South.  During  this  year  1864  a  very  large  number 
of  refugees  from  the  Southern  States  came  to  Canada. 
A  great  deal  of  correspondence  occurred,  as  was  natural 
between   the  two  governments,    and  in  these   letter* 
from  the  United  States  Government  were  repeatedly 
sent  thanks  to  Canada,  for  its  loyal  observance  of  the 
laws  of  nations.  In  fact  Detective  Police  and  numerous 
volunteer  forces  were  stationed  on  the  frontiers  by  the 
Government   of  Canada  to   prevent  hostile  attempts 
against  the  United  States  and  to  show  its  regret  for 
what  happend  in  the  St.  Alban's  raid — many  thousand 
dollars  in  gold  were  paid  by  the  Canadian  Government 
to  the  United  States,  to  compensate  the  Bank  for   its 
loss.     The   raiders  were  eventually  all   liberated   and 
one  or  two  of  them  returned  to  Montreal.     They  had 
received  back  by  order  of  Judge  Smith  all  their  money 
arms  and  property — the  private  papers  only  remain- 
ing on  record  in  the  Court  Rles,  as  these  files  could  not 
be  mutilated  by  their  being  taken  away.    Thus  ended 
this  famous  trial — the  most   famous  excepting  those  of 
1837-38  ever  in  Canada. 

To  understand  this  remarkable  trial  and  see  nome  of 
the  salient  points  connected  with  it  and  to  give  our 
reaaors,  who  mostly  have  forgotten  all  the  circums- 
tances connected  therewith,  a  sketch  of  it,  I  will  first 
insert  the  return  of  Mr.  Louis  Payette  which  explains 
everything. 


MONTREAL  PRISON  189 


PROVINCE  OF  CANADA, 
District  of  Montreal. 


I,  Louis  Fayette,  keeper  of  Her  Majesty's  Common 
Gaol,  in  the  city  and  District  of  Montreal,  in  th^  Province 
of  Canada  aforesaid,  do  hereby  certify  and  '•eturn  our  to 
Sovereign  Lady  the  Qaeen,  that  before  the  coming  of 
the  annexed  writ  to  me  directed,  to  wit,  on  the  27th  and 
29th  days  of  October,  one  thousand  eight  hundred  and 
sixty-four,  the  body  of  William  H.  Hutchinson  therein 
named,  was  committed  into  the  said  Gaol  of  our  said 
Lady  the  Queen,  under  my  custody,  by  virtue  of  two 
warrants,  under  the  hand  and  seal  of  J.  P.  Sexton,  Re- 
corder of  the  City  of  Montreal,  and  Charles  J.  Cour- 
fiol,  Esquire,  Judge  of  the  Sessions  of  the  Peace  in  and 
for  the  City  of  Montreal,  which  said  warrants  are  in 
*he  words  following,  to  wit : 

PROVINCE  OF  CANADA,  )   poLICE  OFFICE. 

District  of  Montreal.         ) 

To  the  keeper  of  the  Common  Gaol,  of  the  said  Dis- 
iL  8 1  *"°**  greeting :  Whereas  William  H.  Hutchinson 
of  the  parish  of  Montreal,  in  the  said  District, 
laborer  stands  charged  upon  oath  with  suspicion  of 
felony  :  These  are,  therefore,  to  authorize  and  com- 
mand you  to  received  into  your  custody  the  body  of 
the  said  William  H.  Haichinson  and  him  safely  keep 
tor  examination. 

Given  under  my  hand  and  seal  at  Montreal,  this 
twenty-seventh  day  of  October,  one  thousand  eight 
hundred  and  sixty-four,  in  the  twenty*eighth  year  of 

Her  Majesty's  reign. 

(Signed)        J.  P.  SEXTON, 

Recorder. 


190  HISTORY  OF  IHE 


PROVINCE  OF  CANADA,   \     pnTTnrnp'PTrR' 
Bhtricl  of  Montreal.  S     POLICE  OFFICE. 

To  all  or  any  of  the  Constables  or  other  peace  officers 
Ft  s  ^^  *^®  ®^^^  District  of  Montreal,  and  to  the 
keeper  of  the  Common  Gaol  of  the  said  City  of 
Montreal,  in  the  said  District  of  Montreal,  greeting  : 
Whereas  William  H.  Hutchinson,  late  of  the  Town  of 
St.  Albans,  in  the  State  of  Vermont,  one  of  the  United 
States  of  America,  laborer,  now  in  the  City  of  Montreal 
was  this  day  charged  before  me,  Charles  Joseph  Cour- 
sol.  Esquire,  Judge  of  the  Sessions  of  Peace,  in  and  for 
the  City  of  Montreal,  on  oath  of  Marcus  Wells  Beards- 
ley  and  others,  for  that  he  the  said  William  H.  Hut- 
chinson on  the  nineteenth  day  of  October  instant,  at 
the  Town  of  St.  Albans,  in  the  State  of  Vermont,  one  of 
the  United  States  of  America,  being  then  and  there 
armed  with  a  certain  offensive  weapon  and  instrument 
to  wit,  a  pistol,  commonly  called  a  revolver,  loaded 
■with  powder  and  balls,  and  capped,  in  and  upon  one 
Marcus  Wells  Beardsley  feloniously  did  make  an  as- 
sault, and  him  the  said  Marcus  Wells  Beardsley,  in 
bodily  fear  and  danger'of  his  life,  then  and  there  did 
put,  and  a  certain  sum  of  money,  to  wit,  to  the  amount 
of  seventy-six  thousand  dollars  current  money  of  the 
Baid  United  States  of  America,  and  of  the  value  of 
Beveniy-six  thousand  dollars,  current  money  aforesaid, 
of  the  moneys  and  property  of  the  Franklin  County 
bank,  at  St.  Albans  aforesaid,  a  body  corporate,  consti- 
tuted and  recognized  by  the  laws  of  the  said  State  of 
Vermont,  from  the  person,  custody  and  possession  and 
against  the  will  of  the  said  ^Marcus  Wells  Beardsley, 
and  in  his  presence  then   and  there  feloniously  and 


MONTREAL  PRISON  191 

violently  did  steal,  take  and  carry  away,  against  the 
form  of  the  Statutes  of  the  said  State  of  Vermont,  in 
snch  case  made  and  provided,  and  against  the  peace 
and  dignity  of  said  State.  These  are  therefore,  to  com- 
mand you  the  said  constable  or  Peace  Officers  or  any 
of  you,  to  take  the  said  William  H,  Hutchinson  and 
him  safely  convey  to  the  Common  Gaol  at  the  City  of 
Montreal  aforesaid,  and  there  deliver  him  to  the  keeper 
thereof,]  together  writh  this  precept ;  and  I  do  hereby 
command  you  the  said  keeper  of  the  said  Common 
Gaol  to  receive  the  said  William  H.  Hutchinson  into 
your  custody  in  the  said  Common  Gaol,  and  there 
safely  to  keep  him  until  he  shall  be  brought  before  me 
for  the  purpose  of  an  examination  upon  oath  of  any 
person  or  persons  touching  the  truth  of  the  said  charge, 
in  conformity  with  the  provision  of  the  Statutes  made 
to  give  eiFect  to  the  Treaty  between  Her  Majesty  the 
Queen  and  the  United  States  of  America,  for  the  appre- 
hension and  surrender  of  certain  oflfenders,  on  the 
second  day  of  November  next. 

Given  under  my  hand  and  seal,  this  twenty-ninth 
day  of  October,  in  the  year  of  our  Lord  one  thousand 
eight  hundred  and  sixty-four,  at  the  said  City  of  Mont- 
real, in  the  City  aforesaid. 

(Signed)  CHAS.  J.  COURSOL,  J.  S.  P. 

And  that  this  is  the  cause  and  the  only  cause  of  the 
capture,  commitment  and  detention  of  the  said  William 
H.  Hutchinson  in  Her  Majesty's  Gaol  aforesaid,  the 
body  of  which  said  William  H.  Hutchinson  I  have 
here  now  as  by  writ  it  is  commanded  me. 


192  HISTORY  OF  THE 


Attested  at  the  city  of  Montreal,  in  the  said  District 
of  Montreal,  in  the  said  Province  of  Canada,  this  twen- 
ty-ninth day  of  October,  in  the  twenty-eighth  year  of 
Her  Majesty's  Reign  and  in  the  year  of  Oar  Lord  one 
thousand  eight  hundred  and  sixty-four. 

(Signed)  LOUIS  PAYETTE,  Gaoler. 

In  the  following  extracts  of  the  speeches  of  the 
Tarious  Counsel  both  for  the  prosecution  and  defence, 
the  reader  can  at  once  discern  that  as  remarkable  a 
display  of  talent  and  erudition  is  seen  in  them  as  in 
any  of  the  speeches  of  the  great  trials  of  Upper  Canada 
or  the  United  States. 

Extract  of  Mr.  Kerr's  speech  : 

"  To  me  has  been  confided  by  my  learned  friends  the 
duty  of  opening  the  case  for  the  prisoners.  It  is,  I  can 
assure  your  Honor,  with  fear  and  trembling  that  1  take 
upoa  myself  the  responsibility  necessarily  attaching 
itself  to  my  position.  Not  that  I  believe  that  our  cause 
is  weak,  not  that  I  am  afraid  that  our  just  claims  will 
he  ignored  ;  but  the  great  importance  of  the  principles 
involved,  the  magnitude  of  the  interests  at  stake,  and 
the  almost  boundless  field  for  research  and  argumei)!: 
which  spreads  itself  before  the  Counsele  mployed, — all 
tend  more  thoroughly  to  bring  before  each  of  us  his 
own  utter  incapacity  to  render  their  meed  of  justice  to 
the  rights  of  our  clients.  That  this  is  one  of  the  most 
important  cases  ever  presented  for  the  consideration  of 
our  Courts,  will  not  be  denied  ; — that  it  has  already 
prQ4uced  a  greater  effect  upon  the  passions  and  preja- 
dicns  of  men  both  in  Canada  and  the  former  Un}te4 


MONTREAL  PRISON  193 


Siitates,  than  any  other  "  ca^ie  ciliibre''  in  this  Province, 
will  readily  be  admitted.  It  has  been  the  moving  cause 
of  a  call  to  arms  within  the  Colony.  It  may  justly  be 
looked  upon  as  the  origin  of  those  fears  which  culmi- 
nated in  the  denial  of  asylum  to  political  refugees  by 
our  Provincial  Parliament.  From  it  the  careful  obser- 
ver can  trace  the  origin  of  the  pressure  brought  to  bear 
upon  our  Judges,  to  induce  them  to  degrade  the  palla^ 
dium  of  the  law  into  the  minister  of  the  temporary 
passions  of  the  Government,  and  the  servile  instrument 
of  the  interests  of  the  United  States.  The  very  papers 
produced  by  the  prisoners  were  bought  by  the  price 
of  blood,  for  one  of  the  messengers  despatched  to 
Richmond  to  obtain  information  for  your  Honor,  but 
the  day  before  yesterday  expiated  the  crimes  of  being 
a  loyal  soldier,  a  true  friend,  and  a  gallant  patriot,  on 
the  gallows  at  Johnson's  Island.  Your  Honor  can  read 
in  the  treatment  of  the  messenger,  the  certain  fate  of 
those  who  sent  him  on  his  errand.  Cursed  be  the  hand 
which  spareth,  is  the  motto  of  the  United  States.  Can 
it  be  wondered  at  then  that  the  knowledge  of  our 
responsibility  in  the  grave  task  we  have  undertaken 
should  weigh  so  heavily  upon  us ;  that  it  should  like  a 
pall  hang  over  us  whithersoever  we  may  go.  But  all 
that  we  ask — all  that  we  pray  for — is,  that  it  may  not 
so  deaden  our  energies  as  to  render  us  incapable  of 
laying  before  you  fairly,  manfully  and  faithfully,  all 
Che  points  in  this  most  interesting  case,  with  the  prin* 
ciples  of  law  which  define  the  positions  of  the  prosecu- 
tors, the  prisoners  and  the  judge. " 

Mr.  Kerr  is  very  sarcastic  in  his  remarks  on  the 
Upper  Canadian  Bench  and  Bar.    He  says — "  It  might 


194  hlSTORY  OF  THE 


perhaps  be  as  well  here  to  refer  to  some  of  those 
causes  celehres  which  have  rendered  the  Upper  Cana- 
dian Eench  and  Bar  so  famous  throughout  the  world. 
Heaven  knows  that  we  poor  Lower  Canadians  have  no 
pretention  to  cope  with  them  in  any  field  of  either  in- 
dustry or  talent.  "We  are,  with  all  due  self-abasement 
be  it  spoken,  an  inferior  race  fitted  by  nature  for  the 
barren,  bleak,  miserable  country  we  inhabit.  Content 
to  live  and  die  as  our  fathers  did  before  us,  we  exist 
without  any  of  that  noble  fire  which  occasionally  leads 
men  to  do  deeds  reflecting  honor  on  their  native  land. 
We  plod  on  in  the  weary  round  of  politics  and  law 
most  congenial  to  our  temperaments  ;  we  cling  to  the 
Coutume  de  Paris  ;  we  reverence  Blackstone ;  we  dislike 
novelty,  and  we  abhor  new  fangled  ideals  of  jurispru- 
dence. We  have  been  ridiculed  and  laughed  at  for 
our  stolidity.  We  have  been  abused  for  our  ignorance. 
We  have  been  told  that  the  Bench  of  Upper  Canada  is 
composed  of  men  renowned,  alike  for  their  talent, 
learning  and  integrity.  We  have  been  assured  that 
celebrated  men  cluster  at  the  bar  of  that  portion  of  the 
Province,  thick  as  grapes  in  a  vinery.  We  have  been 
advised  to  listen  to  the  words,  pregnant  with  research, 
and  learning,  uttered  by  the  ministers  of  justice  in 
that  favored  portion  of  God's  earth. — We  have  been 
recommended,  in  lieu  of  studying  the  speeches  of  Ers- 
kine,  Curran,  Burke,  or  Plumkett,  to  open  our  ears  to 
the  ravishing  melody  of  the  utterances  of  Upper  Cana- 
dian counsel,  and  from  the  models  of  eloquence  and 
style  by  them  set  before  us,  to  form  our  ideas  of  the 
persuasiveness  and  powers  of  Demosthenes  and  Cicero. 
Wis  had  fondly  fancied  that  had  the  Upper  Canadian 
Bench   but  the  opportunity,  the   exceeding  talent  and 


MONTREAL  PRISON  195 


learning  of  its  members  would  have  been  so  displayed 
before  the  eyes  of  the  whole  world,  that  scientific  men 
throughout  Europe  and  America  would  have  hailed 
them  as  worthy  recruits  to  the  select  band  of  interna- 
tional jurists  whose  writings  have  shed  light  on  the 
darkest  pages  of  the  law  of  nations.  "We  in  this  Lower 
Province,  would  have  humbly  rejoiced  at  the  glory 
thus  reflected  on  our  native  land  by  its  distinguished 
citizens,  and  the  cosmopolitan  reputation  of  Canadians 
would  have  kindled  a  blaze  of  enthusiasm  in  our  frigid 
bosoms.  But  alas,  how  has  the  reality  deceived  us  ! 
On  two  different  occasions  the  Upper  Canadian  Bench 
has  been  tried,  and  on  both  found  wanting.  The  case 
of  Anderson,  the  negro  apprahended  for  slaying  a  man 
in  Missouri,  who  endeavored  to  arrest  him  whilst 
making  his  escape  from  slavery,  was  the  first  which 
shook  our  confidence.  There  the  Court  of  Queen's 
Bench  laid  down  the  monstrous  doctrine  that  they 
could  not  take  into  consideration  the  other  facts  depri- 
ving his  act  of  the  criminal  complexion,  but  were 
bound  by  the  mere  fact  of  his  having  killed  a  man,  to 
commit  him  for  extradition.  A  trial  in  a  slaveholding 
country  being  a  necessary  consequence,  and  A.nder- 
son's  execution  being  the  only  conclusion  they  natu- 
rally could  expect  from  that  action.  Not  content  with 
thus  perverting  the  law  as  applicable  to  the  negro's 
act,  they  arrogated  to  themselves  a  jurisdiction  to 
which  they  had  no  right,  and  committed  the  accused 
upon  their  own  warrant  for  extradition.  Public  opinion 
in  England  roused  by  this  frightful  injustice,  pronoun- 
ced itself  so  strongly  against  the  judgment  and  action 
of  the  Upper  Canadian  Court,  that  a  Writ  of  Habeas 
Corpus  was  issued  from  the  Queen's  Bench  in  England 


196  HISTORY  OF  THE 


to  bring  Anderson,  and  the  commitment  under  wiiioh 
he  was  then  held,  to  England  before  a  tribunal  compe- 
tent to  appreciate  and  understand  the  principles  of  law 
applicable  to  the  facts.  Struck  with  disihay  at  the  issue 
of  the  English  writ,  the  Upper  Gcnadian  Judges  resol- 
ged  to  burke  all  such  investigations,  and  from  the 
Court  of  Common  Pleas  issued  a  writ  of  Habeas  Cor- 
pus under  which  the  commitment  of  the  Court  of 
Queen's  Bench  was  quashed  as  having  been  made  with- 
out jurisdiction,  and  Anderson  was  thereupon  dischar- 
ged. Such  were  the  facts  and  circumstances  of  the  first 
case  in  which  Upper  Canadian  Judges  had  an  oppor- 
tunity of  showing  their  acquaintance  with  the  principles 
of  International  law.  It  must  be  admitted  that  it  was 
a  miserable  finale  to  the  grand  display  of  learning  and 
argument  exhibited  by  the  Court  of  Queen's  Bench, 
when  they  declared  that  it  was  their  duty  to  commit 
him  for  extradition  under  a  warrant  which,  clearly 
they  had  no  right  to  issue,  to  be  obliged  *o  call  in  their 
brethren  of  the  Common  Pleas  to  free  them  from  the 
embarrassing  position  in  which  they  then  were,  thanks 
to  their  own  ignorance  ;  but  Upper  Canadian  credulity 
is  quite  equal  to  Upper  Canadian  vanity,  and  the  public 
of  that  portion  of  the  Province  were  still  more  deeply 
persuaded  of  the  intellectual  faculties  and  learning  of 
their  judges,  by  the  exceedingly  sharp  and  skilful 
manner  in  which  they  had  managed  to  elude  the 
action  of  the  English  Courts  in  the  matter.  " 

Honorable  Mr.  Laflamme  though  a  French  Canadian 
spoke  of  England  as  a  thorough  Englishman.  No  purer 
sentiment  of  patriotism  could  be  enunciated  than  that 
part  of  hie  speech  where  he  aaya.  **  Every  man  putting 


MONTREAL  PRISON  197 


his  foot  on  English  ground ;  every  stranger  owing  only 
a  loyal  and  temporary  allegiance  becomes  as  free  as  th'^ 
British  born  subject.  Our  laws  guarantee  to  every 
individual  the  safe  hospitality  of  the  soil.  It  has  been 
England's  pride  and  England's  boast  that  no  terror 
could  ever  induce  her  to  forget  this  principle  which  is 
free  as  any  of  the  great  liberties  of  her  constitution.  " 

His  terse  quotation  gives  the  whole  substance  of  the 
case  where  he  says  : 

"  The  prisoners  are  accused  of  having  robbed  one 
Breck,  in  St.  Albans,  on  the  19th  of  October  last,  of 
|300.  What  are  the  facts  of  the  case,  as  disclosed  by 
the  evidence  adduced  before  your  Honor  ?  In  the 
month  of  September  last,  Bennett  H.  Young,  a  lieute- 
nant in  the  Confederate  service,  being  in  Chicago  for 
some  political  object,  calculated  to  advance  the  cause 
of  his  country  ;  finding  it  impossible  io  carry  out  this 
plan,  determined  to  fulfil  the  instructions  which  he 
received  from  his  Government,  to  raise  a  body  of  twenty 
men  of  escaped  Confederate  soldiers,  he  was  commis- 
sioned for  special  duty  ;  they,  as  soldiers,  were  bound 
to  join  and  obey.  The  plan  was  organized,  then,  in  the 
enemy's  territory.  They  were  enrolled  by  him  for 
the  purpose  of  making  an  attack  upon,  and  sacking  the 
town  of  St.  Albans.  All  of  these  men  were  risking 
their  lives  by  their  presence  in  the  enemy's  country. 
The  bare  fact  of  organizing  there  was,  of  itself  alone,  a 
bold  and  daring  act.  Their  allegiance  was  to  the  Con- 
federate States.  Be  the  unfortunate  contest,  in  which 
their  country  is  engaged,  right  or  wrong,  they  were 
actuated  by  the  most  noble,  the  most  disinterested  and 


198  IIISTOKY  OF  THE 


patriotic  motives  :  every  one  of  them  had  already 
perilled  their  lives  in  their  country's  cause.  Feeling, 
as  they  did,  for  the  injuries  committed  against  their 
native  land,  they  thirsted  for  revenge.  Called  by  their 
superiors  to  inflict  punishment  on  their  enemies,  by 
burning  and  plundering  the  Town  of  St.  Albans,  they 
cheerfully  obeyed  ;  they  proceeded  to  carry  out  that 
plan,  so  far  as  was  in  their  power.  They  left  Chicago, 
some  four  or  five  coming  through  Canada,  and  twenty 
meeting  in  the  Town  of  St.  Albans,  inhabited  by  over 
live  thousand  inhabitants,  at  a  distance  of  eighteen 
miles  from  the  frontier.  In  open  day-light,  they  col- 
lected together,  armed  with  revolvers,  took  possession 
of  three  banks  in  the;  name  of  the  Confederate  States, 
sacked  them,  set  fire  to  the  town  in  three  places,  and 
from  the  beginning  stated  that  they  were  Confederate 
soldiers.  The  prisoners  went  through  the  town,  made 
prisoners  ot  all  they  met,  provided  themselves  with 
horses  taken  from  the  peor>le  ;  and  after  making  perhaps 
double  their  number  of  prisoners,  they  left  the  place, 
pursued  by  an  armed  band  of  citizens,  who  kept  close 
fire  upon  them.  They,  howevei,  succeeded  in  making 
their  escape  to  Canada,  where  thirteen  of  them  were 
arrested,  at  the  request  of  the  United  States  authorities. 
Out  of  the  whole  of  this  expedition  the  prosecution  has 
thought  proper  to  single  out  the  taking  of  Mr.  Breck's 
money,  the  smallest  incident  in  the  whole  transaction  ; 
a  fact  which  cannot,  with  any  reason,  be  abstracted  or 
severed  from  the  main  project.  It  is  unnecessary  io 
dwell  upon  the  dreadful  civil  contest  which  has  now 
been  raging  for  five  years  with  uninterrupted  fary  in 
this  once  happiest  country  in  the  universe.  The  world 
has  followed  the  history  of  this  awful  struggle  with 


MONTREAL  PRISON  199 


Horrow  and  dismay.     Eleven  independent  States  have 
asserted  their  rights  as  free  members  of  p.  voluntary 
association,  to  sever  from  this  association,  which  they 
had  formed  for  their  individual  interest,  reserving  to 
themselves  their  separate  sovereignty.  Twelve  millions 
of  the   people   of  this  democratic  nation  demand  to 
govern  themselves  according  to  their  own  views,  alleg- 
ing violations  of  the  original  compact,  aggression,  in- 
terference, and  oppression  of  their  individual  States  by 
the  others,  and  for  open  treats  against  their  rights  and 
liberties.     This  separation  is  denied  them  b>  the  other 
States,  because  they  are  more  numerous  and  power- 
ful,— because  more  States  being  combined  in  one  policy 
they,  the  more  powerful  party,  believe  that  subjugation 
and  coercion  is  just  and  lawful,  and  they  insist  upon 
imposing  their  will,  their  views,  and  their  ideas  upon 
the  eleven  independent  States.    The  fifteen  States   on 
one  side  insist  on  ruling  the  ten  refractory  States.   The 
twenty  millions  of  the  North  claim  and  insist  upon  un- 
compromising obedience  from  the  twelve  millions  of 
the  South.     The  whole  population  of  the  country  is  di- 
vided in  two  hostile  camps.    On  both  sides  we  witness 
that   deep,   intense,   unforgiving,    unrelenting  hatred 
which  belongs  to  civil  wars  only  ;  that  hatred   which 
succeeds  fraternal  love.     The  act  imputed  to  the  priso- 
ners arises  out   of  this  civil  war,  and  it  cannot  be  the 
ground  of  extradition  under  the  statute.     1st,  The  act 
is  a  political  one,  inspired  by,  and   connected   with 
what  is  called  rebellion  by  those   applying  for  the  ex- 
tradition of  the  prisoners  ;  2nd,  The  act  was  one  com- 
mitted by  soldiers  of  a  belligerent  in  the  carrying  out 
of  war  against  the  enemy  ;  and  they  are  answerable 
to  no  municipal   tribunal  of  the  enemy  :  it  was  a  mili- 


20C  HISTORY  Of  THE 


tary  act,  and  if  irregular,  cognizable  only  by  the  mili- 
tary tribunal  under  martial  law  ;  8rd,  It  is  a  national 
offence,  if  any,  and  not  an  individual  one.  " 

In  the  eonclnsion  of  his  speech  he  then  says  :  "  No 
American  statesman  nor  any  writer  of  any  moment  har, 
ever  asserted  that  these  men  should  be  extradited. 
They  have  complained  of  the  want  of  sufficient  pre- 
vention of  such  outrages  on  our  part.  They  claimed 
that  the  offenders  should  be  punished  tor  the  violation 
of  bur  soil,  for  the  abube  of  our  hospitality  by  the 
Southern  refugees,  but  none  have  dared  to  assert  as  a 
legal  proposition,  that  they  are  entitled  to  obtain 
the  extradition  of  the  prisoners.  Our  Q-overnment  has 
complied  fully  with  their  demand  by  the  passing  of  the 
Alien  Bill—  and  I  trust  that  it  will  be  considered  suffi- 
cient satisfaction.  If  this  law  does  not  give  our  neigh- 
bors the  protection  they  require,  let  them  demand  fur- 
ther legislation  on  our  part — they  will  have  it. — If  the 
rights  of  refuge  itself  is  obnoxious  to  them,  let  it  be 
abolished  at  their  request — but  so  long  as  it  remains 
unimpaired,  so  long  as  our  legislature  has  not  abo- 
lished this  ancient  liberty,  our  judges  must  and  shall 
uphold  it.  They  will  protect  the  refugee  in  the  enjoy- 
ment of  that  shelter  which  our  institutions  guarantee 
to  him.  They  never  will  allow  policy,  expediency,  to- 
sway  them  to  overrule  principles  of  law.  A  thousand 
times  better,  more  honorable  for  us,  more  just,  it  would 
be  to  let  the  world  know  that  political  refugees  shall 
be  entitled  to  this  right  only  when  it  shall  not  be  dan- 
gerous to  us,  a  thousand  times  better  and  more  humane 
to  give  a  fair  warning  to  all  that  the  principle  which 
never  was  doubted  or  questioned  in  England  is  inopera- 


MONTREAL  PRISON  201 

tive  and  insufficient  in  Canada.  It  was  always  consi- 
dered as  a  beacjon  light  to  a  sate  harbor  for  distressed 
political  fortunes,  if  it  be  no  more  so,  at  least  do  not 
use  it  as  a  false  light  to  wreck  them.  Our  courts  cannot 
be  influenced  by  anything  but  right  and  justice,  they 
cannot  be  made  subservient  to  power  or  authority.  We 
have  not  reached  that  state  of  degredation. 

Extract  from  the  speech  of  S.  Bethune.  Q.  C,  on  be- 
half of  the  U.  S.  Government. 

''  It  has  been  a  matter  of  much  surprise  to  myself, 
and  I  have  no  doubt  has  been  so  also  to  your  Honor, 
that  in  neither  of  the  addresses  of  the  two  learned 
Counsel  who  have  spoken  on  behalf  of  the  prisoners, 
has  there  been  any  attempt  either  by  argument  or  au- 
thority, to  prove  that  what  was  done  on  the  occasion 
here  in  question  was  a  legitimate  act  of  war.  To  supply 
the  place  of  such  argument  or  authority,  we  have  been 
favored  with  citations  from  books,  to  the  effect,  that  in 
general  it  is  lawful  for  one  belligerent  nation  to  kill 
members  of  the  other  belligerent  nation,  and  to  seize 
or  capture  their  property,  and  with  the  assertion,  oft  re- 
peated that  in  all  that  occurred  at  St.  Albans  on  the 
19th  of  October  last,  the  prisoners  acted  under  lawful 
authority. 

(Numerous  authorities  are  here  quoted.) 

These  authorities  establish,  that  according  to  thi' 
recognized  rules  of  modern  warfare,  the  property  of 
private  persons  or  non-combatants  is  exempt  from  seizure 
or  confiscation,  except  in  the  special  cases  of  penalty  for 
military  offences,  of  forced  contribution  for  an  invading 


202  HISTORY  OF  THE 


army,  or  as  an  indemnity  for  the  expenses  of  maintain- 
ing order  and  affording  protection  to  the  conquered  in- 
habitants, ana  of  taking  property  on  the  field  of  battle 
or  in  storming  a  fortress  or  town.  And  in  all  these 
excepted  bases,  the  action  of  armies  or  parties  of  men 
openly  acting  in  the  character  of  armed  enemies  is  alone 
contemplated, 

Now,  in  the  present  case,  the  facts  disclose  merely 
that  the  prisoners  and  their  associates,  secretly  intro- 
duced themselves  into  an  unarmed  town,  at  a  point 
far  removed  from  the  scene  of  hostilities,  and  there,  in 
the  garb  of  citizens,  entered  certain  banks  in  open  day ; 
and,  when  all  others  but  themselves  had  retired,  sud- 
denly displayed  fire  arms,  and  robbed  the  banks,  and 
the  individual  Breck,  who  happened  at  the  time  to 
8eek  admission  into  one  of  them,  for  the  purpose  of 
retiring  a  note.  It  is  true,  that  in  acting  as  they  did, 
they  claimed  to  be  Confederate  soldiers,  and  that  in  the 
streets  they  afiecied  to  take  prisoners,  and  discharged 
their  fire  arms,  wounding  one  man  and  killing  another ; 
but,  once  the  booty  was  secured,  they  all  decamped  on 
the  horses  which  they  had  also  stolen,  leaving  their  so- 
called  prisoners  free.  Tn  all  this  we  see  nothing  of  the 
characteristics  of  war,  and  fail  to  discover  any  other 
object  than  robbery  and  plunder,  under  pretence  of 
war.  No  one  could  seriously  contend  that  such  an  act 
per  se  is  an  act  of  war.  To  all  appearances  it  was  nothing 
more  or  less  than  a  common  robbery,  accompanied  by 
a  murder,  and  an  attempt  to  murder.  The  only  pre- 
tension that  can  be  urged  is,  that  in  consequence  of 
the  alleged  commission  and  instructions  produced  by 
the  prisoners  Counsel,  the  act  was  constructively  one  of 
legitimate  warfare. 


MONTREAL  PRISON  203 


We  are  told,  that  the  object  of  the  raid  was  an  at- 
tack on  the  town  of  St.  Albans  ;  and  that  the  robbery 
of  the  banks  and  of  Breck  was  a  mere  incident  in  the 
course  of  the  raid  ;  but  when  it  is  considered  that  no 
attack  whatever  was  made  on  the  town, — that,  on  the 
contrary,  the  prisoners  and  their  associates  sneaked 
into  the  town  by  twos  and  threes,  and  only  remained 
long  enough  there  to  steal  the  money  and  horses  they 
eventually  carried  off,  without  even  attempting  to 
bring  with  them  any  of  the  prisoners  they  affected  to 
secure  during  their  short  sojourn,  it  is  manifest  that 
the  expedition,  such  as  it  was,  had  but  one  object  in 
view, — and  that  was  plunder  and  robbery. 

The  next  point  I  have  to  submit  is,  that  all  the  pri- 
soners are  proved  to  have  resided  in  Canada  for  months 
previous  to  the  raid,  and  that  their  chieftain  (Young) 
had,  in  the  fall  of  1863  and  winter  of  1864,  been 
attending  the  University  of  Toronto ;  they  all  being  es- 
caped prisoners  from  Camp  Douglas.  As  matter  of  law, 
then,  the  prisoners  by  making  Canada  an  asylum,  had 
ceased  to  be  belligerents ;  and  inasmuch  as  the  expedi- 
tion started  from  neutral  territory,  and  returned  thereto 
with  their  spoil,  immediately  after  its  accomplishment 
the  expedition  was  absolutely  unlawful,  and  under  any 
circumstances,  created  a  forfeiture  of  the  neutral  protec- 
tion of  this  country. 

In  bringing  my  remarks  in  this  protracted  case  to  a 
close,  I  cannot  refrain  from  again  'arging  upon  your 
Honor,  that  the  truly  safe  course  to  pursue  in  a  case 
like  the  present,  is  to  hold,  in  the  language  of  all  the 
judges  in  the  Gerrity  case,  of  Chief  Justice  Draper  in 


204  HISTORY  OF  THE 

the  Anderson  case,  of  Judge  Ritchie  in  the  Chesapeake 
case,  and  the  four  Judges  who  sat  in  the  Burley  case, 
that  the  questions  of  fact  raised  by  the  defence  by  way 
of  justification  of  wh&t  primd  facie  is  the  crime  of  rob- 
bery, can  only  be  legally  tried  and  determined  by  a 
jury  in  the  country  where  the  offence  is  committed.  I 
therefore  confidently  claim  at  the  hands  of  your  Honor 
the  commitment  of  the  prisoners  for  extradition. " 

Extract  from  the  speech  of  the  Crown  Prosecutor, 
Mr.  Johnson  Q.  C,  now  the  Honorable  Judge  Johnson, 
Senior  Judge  of  the  Court  of  Review. 

"  I  have  endeavored  to  lay  before  the  Court  in  as 
succinct  a  manner  as  I  was  able  to  do,  the  view  which 
I,  humbly  representing  the  first    law  officer  of  the 
Crown,  have  felt  constrained  to  take  of  this  transaction 
and  of  the  attempt  that  has  been  made  to  justify  it.     I 
have   endeavored  to  perform  a    legal  function,  in  a 
legal  manner,  and  I  have  purposely  avoided  all  allu- 
sion to  many  topics,  which  in  so  serious  a  case  might 
possibly  have  justified  allusion  on  my  part.    There   is 
one  aspect  of  the  case,  however,  resting  on  the  broadest 
grounds  of  international  comity,  and  of  the  duty  arising 
out  of  the  relationship  which  should  properly  subsist 
between  two  countries  situated  as  Canada  and  the  Uni- 
ted States.     The  circumstances  of  the  two  countries, — 
their  geographical  position, — the  difficulty  of  exercising 
effeciutUy  a  continuous  vigilance  over  the  acts  of  those 
who  under  pretence  of  seeking  mere  security,  have 
only  resorted  to  Canada  that  they  may  mature  with 
impunity  hostile  schemes  against  an  adjoining  power 
with  whom  we   are  on  terms  of  peace  and  amity, 
have  all   to  be  considered,  our  conduct  ought  to  be 


MONTREAL  PRISON  205 


what  we  would  expect  and  exact  from  others  in 
the  like  case,  and  such  as  the  law  of  civilized 
nations,  in  the  exceptional  position  we  occupy, 
demands.  The  doctrine  of  affording  an  asylum  to  poli- 
tical refugees  is  admitted  to  the  fullest  extent  ;  the 
laws  of  hospitality,  the  dictates  of  humanity  and  the 
general  feelings  of  mankind  support  it.  But  it  is  an 
asylum  in  the  proper  acceptation  of  the  word,  which 
is  sought ;  and  are  the  prisoners  political  refugees  or 
exiles  rightly  so  termed  ?  Our  duty  is  not  confined  to 
affording  a  sanctuary  within  our  territory  under  all 
circumstances  for  those  who  call  themselves  political 
o^enders  ;  the  further  duty  of  seeing  that  the  privilege 
of  asylum  is  not  abused  to  the  injury  of  a  friendly 
power  is  equally  imperative.  We  are  bound  to  consi- 
der whether  the  neutral  ground  is  only  resorted  to  be- 
cause it  offers  a  safe  and  convenient  resting  place  in 
the  intervals  of  warfare,  and  as  the  readiest  means  of 
inflicting  with  impunity  injury  in  any  other  shape  on 
the  friendly  power  ;  whether  in  fact  the  acts  of  public 
hostility  or  private  wrong  would  ever  have  been  un- 
dertaken and  committed  but  for  the  proximity  of  the 
supposed  asylum — whether  they  are  not  in  reality 
attributable  to  and  prompted  solely  by  the  facilities 
which  our  territories  afford  both  for  attack  and  escape. 
We  must  enquire  whether  the  animus  in  which  it  is 
sought  is  to  obtain  peace  and  permanent  security,  and 
whether  the  party  fleeing  comes  in  the  light  of  an 
exile.  If  we  are  satisfied  of  the  contrary,  then  we  must 
say  that  this  neutral  ground  cannot  under  the  name  of 
an  asylum  be  used  as  a  vantage  ground,  and  that  the 
party  fleeing  from  territory  hostile  to  him,  has  by  his 
own  acts  forfeited  the  security  which  nations  usually 


206  HISTORY  OF  THE 


accord.  He  has  no  right  to  abuse  the  only  privilege 
which  our  soil  confers — that  of  being  safe  so  long  as 
he  is  passive—  nor  has  the  right,  because  he  believes 
he  can  escape  hither,  to  plan  and  perform  acts  which 
would  never  have  been  dreamt  of,  but  that  an  asylum 
was  near,  and  that  he  believed  he  could  reach  that 
asylum  in  safety.  If  within  that  supposed  asylum  he 
recuperates  and  prepares  for  fresh  acts  of  aggression, 
and  is  not  content  with  finding  security  against  oppres- 
sion and  wrong  himself,  but  resorts  to  it  only  that  he 
may  mature,  and  sally  forth  to  execute  schemes  of 
offence  on  others  ;  then  he  has  not  the  qualities  of  a  re* 
fngee,  nor  is  his  object  an  asylum.  A  refugee  is  ono 
who,  after  being  overcome  as  a  combatant,  flies  from 
his  enemy  to  the  nearest  place  of  security — not  one 
who  merely,  because  there  is  a  neutral  ground  at 
hand,  undertakes  to  inflict  an  injury  because  of  the  sup- 
posed immunity  it  affords.  An  asylum  implies  security 
from  mere  pursuit  after  an  act  which  the  law  of  nations 
will  recognise — not  the  means  of  annoying  those  pui- 
suers  with  impunity,  or  converting  the  sanctuary  into 
a  means  of  offence.  The  Treaty  was  certainly  never 
intended  to  protect  those  who  committed  predatory 
acts  under  the  name  of  war  across  an  imaginary  line." 

Another  extract. 

"  What  is  the  natural  consequence  of  robbing  Mr. 
Breck  V  Is  it  that  the  national  power  of  the  United 
iStates  is  prostrated,  or  in  the  remotest  manner  affected 
by  it.  The  natural  consequence  is  that  Mr.  Breck  loses 
his  money  ;  but  it  requires  a  great  deal  of  imagination 
to  conceive  and  a  good  deal  of  ingenuity  to  explain 
how  that  fact  tended  to  exhaust  the  national  resources 


MONTREAL  PRISON  201 


or  attack  in  any  manner  the  national  existence.  In 
tonching  upon  this  part  of  the  case  it  is  impossible  not 
to  feel  the  necessity  of  imposing  some  limit  to  what 
may,  with  appearance  of  reason,  be  alleged  to  be  an 
act  of  war.  If  these  prisoners,  instead  of  using  violence 
and  terror  to  get  this  poor  old  man's  money,  had  used 
stratagem ;  in  other  words,  if  instead  of  openly  robbing 
him,  they  had  picked  his  pocket,  would  that  be  con* 
tended  to  be  an  act  of  war  too  ?  I  must  suppose  from 
the  course  of  the  argument  on  the  other  side,  that  it 
would  be  held  ;  and  indeed  it  must  be  so  held,  there 
can  be  no  doubt,  if  the  act  taken  by  itself,  or  merely 
accompanied  by  the  declaration  of  the  thieves,  that 
they,  as  Confederate  soldiers,  can  be  held  to  confer  upon 
the  actors  the  conclusive  character  of  persons  perform- 
ing a  lawful  warlike  exploit.  The  truth  is,  that,  though 
all  authorities  denounce  it,  the  practice  of  taking  private 
property  in  war,  or  of  inflicting  unnecessary  injury 
upon  unarmed  and  inoffensive  individuals,  is  a  practice 
(and  that  is  the  utmost  that  can  be  said  for  it)  that  may 
])e  admitted  to  have  been  in  some  cases,  an  incident 
and  a  forbidden  incident  of  war  ;  but  it  is  not,  and 
never  with  reason  can  be  contended  to  be,  an  act  of 
war  in  its  own  nature.  I  gather  from  some  part  of  the 
testimony — I  forget  whether  it  was  in  this  case  of 
Breck.  or  in  some  of  the  previous  proceedings — that 
there  was,  at  or  near  St.  Albans,  an  arsenal,  or  some 
such  national  structure,  and  in  the  town  itself,  one  and 
only  one  soldier.  These  opportunities  of  glory  and 
destruction  are,  however,  neglected.  The  arsenal  and 
the  soldier  are,  strange  to  say,  both  untouched,  and 
poor  old  Mr.  Breck  is  made  to  jilay  apart  in  the  history 
of  modern  war,  which  must  have  surprised  him  quite 


208  HISTORY  OF  THE 


as  much  as  it  has  surprised  me,  and  the  rest  of  the 
world,  who  had  perhaps  formed  somewhat  different 
notions  of  warlike  achievements  and  martial  glory. 

We  have  all  heard,  both  in  fable  and  in  history,  of 
instances  of  self-arrogated  importance  ;  we  have  read 
in  our  youth  of  the  fly  upon  the  wheel,  and  the  frog 
that  endeavored  to  distend  its  dimensions  to  those  of 
the  ox.  We  have  read,  too,  in  modern  history,  of  the 
tailors  in  Tooley  Street,  who  called  themselves  the 
people  of  England,  and  proceeded  to  alter  the  constitu- 
tion of  the  empire ; — but  none  of  these  instances  can 
excel  in  ludicrous  extravagance  the  pretence  that,  in 
going  to  a  bank,  in  the  middle  of  the  day,  in  a  peacea- 
ble village  and  easing  an  old  gentleman  of  2  or  3  hun- 
dred dollars  on  the  threshold,  the  prisoners  can  be  pre- 
sumed or  believed  to  have  acted  as  a  military  force — 
having  lawful  authority  from  a  brave  and  civilized 
people  to  do  what  they  did.  We  must  remember,  too, 
that  we  are  here  dealing  with  a  question  of  proof  and 
not  of  presumption.  It  will  not  be  presumed  that  war 
was  being  made  1000  miles  from  the  seat  of  actual  hos- 
tilities. We  must  have  proof,  certain  undoubted  proof,  to 
take  away  the  criminal  nature  of  the  act,  we  can  say 
there  is  nothing  left  for  a  jury  to  try.  The  black  color, 
so  to  speak,  of  the  offence  imprinted,  must  be  complete- 
ly washed^away  before  w^e  can  refuse  legal  effect  to  the 
complaint  that  is  supported  as  far  as  the  law  requires.  " 

Extract  from  the  speech  of  Hon.  J.  J.  C.  Abbott,  Q.  C 

"  I  fear,'may  it  please  your  Honor,  that  the  very 
great  importance  I  attach  to  this  case,  not  solely  in  the 
interest  of  the  prisoners,  but  also  as  involving  important 


MONTREAL  PRISON  209 


national  considerations,  had  led  me  into  a  more  lengthy 
discussion  of  it  than  was  required  either  by  its  intrinsic 
difl5.culty,  or  for  the  full  development  of  our  pretensions. 
My  object  has  been,  as  I  stated  in  the  first  instance,  to 
seek  to  discover  from  the  evidence  of  record  the  whole 
of  the  facts  as  they  really  occurred  ;  and  then,  leaving 
the  propositions  of  law  on  which  we  relied  in  the  firist 
instance,  to  rest  on  the  arguments  and  authorities  of 
my  learned  and  able  colleagues,  to  follow  the  Counsel 
on  the  other  side  through  their  arguments  in  reply  to 
those  propositions.  That  this  duty  has  been  long  and 
arduous  necessarily  follows  from  the  fact,  that  during 
the  greater  part  of  three  days,  the  ingenuity  and 
research  of  four  of  the  leading  Counsel  at  this  bar,  have 
been  employed  in  heaping  argument  upon  argument, 
and  authority  upon  authority,  in  support  of  the  appli- 
cation for  extradition,  and  in  opposition  to  the  preten- 
sions of  the  defence.  And  so  arduous  hai^  it  been,  that 
with  the  most  sincere  conviction  that  we  are  right 
and  the  most  earnest  endeavour  to  shov^  that  that 
conviction  is  justified,  I  am  not  satisfied  that  I  have 
not  fallen  far  short  of  what  I  should  hxve  said  in 
support  of  it.  But  before  I  leave  the  case  in  your  Honor's 
hands,  and  even  at  this  late  hour,  I  mus^  intreat  your 
attention  to  some  considerations  which  mwy  well  incline 
you  to  the  side  of  mercy,  if  the  balance  of  justice  be  in 
any  respect  doubtful. 

The  view  I  desire  to  submit  is  one  allied  to,  and  yet  dif- 
ferent from,  the  merely  legal  and  technical  arguments 
which  may  be  used  with  regard  to  this  case.  I  contend 
that  we  have  a  right  to  look  at  the  spirit  of  the  Treaty 
and  of  the  statutory  enactments  based  upon  it, — and 


210  HISTORY  OF  THE 


that  we  cannot  forget,  and  have  no  right  to  overlook 
the  chances  which  war  has  produced  in  the  States 
with  which  we  made  that  Treaty,  and  in  our  relations 
with  that  State.  "  War, "  says  Dr.  Phillimore,  "  effects 
"  a  change  in  the  mutual  relations  of  all  States  ;  more 
"  immediately  and  directly  in  the  relations  of  the  belli- 
"  gerents  and  their  allies  ;  but  mediately  and  directly 
"  in  the  relations  of  States  which  take  no  part  in  the 
"  contest. "  Aud  what  enormous  and  radical  changes 
have  thus  been  effected  since  the  passage  of  the  Ash- 
burton  Treaty  !  "When  that  Treaty  was  passed,  we  and 
they  were  in  a  state  of  perfect  peace.  No  prospect  was 
farther  from  that  great,  prosperous,  and  happy  country, 
than  the  hatred,  the  bloodshed,  the  military  tyranny, 
the  ruin  and  the  desolation,  that  have  spread  themselves 
over  its  fairest  portions.  Peace  then  presented  her  most 
smiling  aspect,  and  no  cloud  foreshadowed  her  depar- 
ture. Now,  a  war  rages  throughout  the  length  and 
breadth  of  the  land — a  gigantic  and  sanguinary  strug- 
gle, in  which  brother  is  arrayed  against  brother,  and 
father  against  son.  And  it  is  a  strife  exhibiting  war  in 
its  most  repulsive  features  ;  war  characterized  by  the 
most  insatiable  rapacity — the  most  unbounded  devasta- 
tion— the  most  lavish  pouring  out  of  treasure  and  of 
blood,  that  the  earth  has  witnessed  for  ages.  "War  is 
always  a  frightful  calamity,  civil  war  peculiarly  so  ; 
but  history  gives  no  account  of  any  war  in  which  such 
bitter  hatred,  such  intense  hostility,  have  been  deve- 
loped. And  not  only  men  who  have  risked  and  taken 
life,  whose  passions  are  inflamed,  and  whose  thirst  of 
blood  is  awakened — but  those  who  usually  soften  the 
asperities,  even  of  ordinary  life,  now  join  in  the  general 
cry  for  confiscation  and  destruction.  Reverend  divines, 


MONTREAL  PRISON  211 

young  and  refined  females,  vie  with  each  other  in 
the  fiercest  and  most  demoniacal  demands  for  ravage 
and  extermination. 

Now  the  Treaty  was  made  to  promote  the  transmis- 
sion lor  trial  from  one  part  of  this  continent  to  another 
of  persons  who  had  committed  crimes  of  the  darker 
class,  respecting  the  character  of  w^hich  North  and  South 
agreed  with  ourselves  ;  crimes  which  Vermont  and 
Georgia  alike  prohibited,  and  which  it  was  impossible 
alike  for  them,  and  for  any  other  civilized  State  or  peo- 
ple, to  approve  of,  or  even  to  tolerate.  There  was  no 
intention  on  the  part  of  the  United  States,  when  the 
Treaty  was  passed,  to  stipulate  for  the  extradition  for 
trial  as  criminals  in  Vermont,  of  persons  who  were 
regarded  in  Georgia  as  daring  and  devoted  patriots  ; 
and  for  acts  w^hich  Georgians  held  to  be  praiseworthy, 
if  not  heroic.  The  Northern  and  Southern  States  were 
alike  parties  to  that  treaty  through  their  general 
Government  ;  they  agreed  to  reciprocal  extradition  for 
the  same  ofiences  ; — and  the  offences  that  so  formed 
the  subject  matter  of  their  and  our  agreement,  were 
offences  which  they  and  we  united  in  regarding  with 
abhorrence,  and  as  deserving  of  extraordinary  exertions 
for  their  punishment,  in  the  interest  of  our  respective 
communities.  Now,  what  is  the  position  of  the  men, 
and  the  light  in  w^hich  their  acts  are  regarded  by  the 
parties  to  that  treaty  ?  The  Northern  States  demand 
them  as  robbers.  They  press  this  demand  with  unpa- 
ralleled vehemence  ;  and  so  violent  and  unmeasured 
are  they  in  their  wrath^  that  their  Legislature,  their 
press,  and  even  their  pulpits,  resound  with  the  oppro- 
brious epithets  which  are  heaped  upon  the  prisoners. 


212  HISTORY  OF  THE 


The  Southern  States,  on  the  other  hand,  deliberately 
authorized  and  directed  the  acts  thus  denounced.  They 
regard  those  who  participated  in  them  as  gallant  and 
devoted  men,  who  risked  their  lives  for  their  country. 
Their  highest  executive  officers  join  in  hurrying  off  the 
papers  and  documents  which  are  to  aid  in  their  defence. 
No  pains,  no  labor,  no  risk,  no  money,  are  spared 
in  contributing  to  their  aid  and  comfort,  in  the  critical 
position  in  which  they  now  stand,  in  one  word,  one 
section  of  the  nation  with  which  we  made  the  Ashbur- 
ton  Treaty  denounces  them  as  robbers,  while  the  other 
extols  them  as  patriots.  Twenty  millions  of  men  under 
an  organized  Government,  demand  them  as  felons  ; 
but  ten  millions,  under  another  organized  government, 
existing  de  facto,  claim  them  as  meritorious  soldiers. 
And  it  was  with  these  thirty  millions  of  men,  then 
constituting  but  one  community,  that  vre  made  our 
Treaty.  Surely  if  there  be  all  these  internal  differences 
of  opinion  between  the  parties  contracting  with  us,  it 
is  right  that  we  should  carefully  consid3r  what  we  are 
about  to  do.  It  is  no  longer  the  felon  sinning  against 
the  law  of  nature,  and  against  society  in  general ;  res- 
pecting the  enormity  of  whose  crime  no  one  doubts 
whom  we  are  asked  to  deliver  over  for  trial.  It  is  the 
soldier  of  one  of  these  sections,  the  enemy  of  the  other  ; 
respecting  wuuse  criminality  there  is  as  wide  a  diffe- 
rence and  as  fierce  a  dispute  as  exists  on  any  other 
question  debated  between  these  warring  parties  :  this 
is  the  man  whom  we  are  called  to  deliver  over  to  one 
portion  of  the  nation,  against  the  will  of  the  other,  un- 
der a  treaty  we  made  with  both  when  united ! 

These  seem  to  me  to  be  subjects  for  your  Honor's 
grave  consideration.     They  are   suggesslve  of  much 


MONTREAL  PRISON  213 


more  that  might  be  said,  and  much  more  forcibly  said, 
upon  the  anomalous  state  of  things  in  which  your 
Honor  is  now  called  upon  to  act.  But  the  considera- 
tions which  arise  out  of  them,  personal  io  the  priso- 
ners, are  among  the  most  startling.  These  men  are 
demanded  for  trial.  For  trial  by  whom,  and  how  ?  Is 
it  for  such  a  trial  as  it  would  be  presumed  an  ordinary 
criminal  would  have  in  ordinary  times — when  justice 
is  administrated  in  the  United  States  by  Judges  second 
to  none  in  learning  and  impartiality  ; — by  juries  com- 
posed of  educated  and  independent  men  :  and  when 
the  rules  by  which  they  are  guided,  are  the  humane 
and  just  principles  upon  which  their  and  our  criminal 
laws  are  alike  based  ?  Your  Honor  knows,  every  one 
knows,  that  no  such  trial  awaits  these  prisoners.  It  is 
before  Judges  like  Judge  Nelson  ;  who  must  declare 
their  defence  inadmissable  in  law  ;  who  must  decide 
that  the  sovereign  State  of  which  they  acknowledge 
themselves  the  subjects,  is  not  entitled  to  their  alle- 
giance ;  that  the  President  who  exercises  the  civil 
power  of  that  State,  and  the  general  who  commands 
its  armies,  are  felons  like  themselves ;  that  the  commis- 
sion under  whici\  their  oflB.cers,  from  the  highest  to  the 
lowest  have  fouf;ht,  and  have  won  the  admiration  of 
the  world,  are  mere  unauthorised  licenses  to  rob  and 
plunder — which  can  serve  no  purpose  but  to  prove 
more  conclusively,  their  liability  to  a  death  on  the  gal- 
lows :  it  is  before  Judges  who  rule  thus,  that  their  trial 
must  be  had.  And  before  what  country  will  they  seek 
their  deliverance  ?  It  is  from  amongst  the  men  whose 
daily  literature  is  the  New  York  Herald — whose  Sab- 
bath instruction  is  from  the  lips  of  the  Rev.  Henry 
Ward  Beecher — whose  evening  relaxations  are  the  lee- 


214  HISTORY  OF  THE 

tnres  of  Miss  Anna  Dickson,  that  the  jury  which  tries 
them  is  to  be  selected  ; — those  who  daily,  hourly,  read 
and  hear  with  approbation,  their  greatest,  best  and 
bravest,  denounced  in  the  foulest  and  most  opprobrious 
terms — are  to  judge  of  their  actions  ;— those  who  echo 
the  fervent  aspirations  of  the  Apostles  and  messengers 
of  Divine  vnercy  and  Divine  justice  here  on  earth,  for 
the  destruction  of  these  men  and  their  fellows  here, 
and  for  their  damnation  horcbicer,  are  to  be  the  arbiters 
of  their  fate  ;— those  who  listen  to  and  applaud  a  fra- 
gile girl,  while  she  outrages  her  sex,  her  age,  and 
humanity  itself,  by  frantic  exhortations  to  wholesale 
slaughter  and  universal  devastation  will  fill  the  roll, 
from  which  will  be  taken  the  twelve  men  on  whose 
breath  will  hang  the  lives  of  these  prisoners. — And  the 
defence  which  they  will  be  expected  to  investigate,  to 
weigh,  and  on  which  they  will  have  to  render  their 
verdict,  will  actually  be  the  assertion  by  the  prisoners 
of  what  such  a  Court  and  jury  are  bound  by  the  law, 
and  constrained  by  their  education,  their  associations, 
even  their  religious  teaching,  to  look  upon  as  a  sure 
passport  to  a  deserved  death  as  the  very  head  and  front 
of  their  ofLnding. 

Is  it  to  a  tribunal  thus  composed  that  these  men  are 
to  be  entrusted  ?  Is  it  from  such  Judges  and  such 
juries  that  these  men  are  to  receive  a  fair,  calm  and  im- 
partial trial  ?  Is  it  before  them  that  every  circumstance 
is  to  receive  a  full,  unbiassed,  and  dispassionate  con- 
sideration -  as  it  would  do  before  your  Honor  presiding 
over  a  Court  of  this  country :  or  as  it  would  hav«^  done 
before  Judge  Nelson,  before  this  unhappy  strife  com- 
menced ?  I  implore  your  Honor  well  and  maturely  to 


MONTREAL  PRISON  215 

weigh  these  things.  I  cannot  and  will  not  believe  it 
possible  that  such  a  cruel  injustice  will  be  done  to 
these  unfortunate  men — as  to  permit  of  their  delivery 
to  their  enemies,  with  the  certainty  of  an  ignominious 
and  degrading  death.  I  feel  that  my  advocacy  of  their 
cause  has  been  insufficient,  though  I  have  devoted  to  it 
my  best  energies  ;  but  I  know  that  my  deficiencies  will 
be  supplied  by  your  Honor's  full  appreciation  of  the 
whole  case.  And  in  that  confidence  I  leave  it  in  your 
hands,  certain  that  your  Honor's  decision  will  be  such, 
as  will  be  dictated  by  justice  and  tempered  with  mercy. 


2d6  HISTORY  OF  THE 


CHAPTER  XVI. 


Fenian  invasion  18(J(J. — Pigeon  ^Hill.— Fenian  Humors  1870. — Muir'i 
(Javalry  and  Chamberlain'8  Miggisquoi  force8,26th  May.— The  Feniani 
a<io8(«  theViordfir — fiOth  atStanbridge — Cook's  Comers. 


I  now  come  to  one  of  the  most  stirring  periods  of 
the  history  of  the  country  and  of  the  city  of  Montreal. 

This  was  the  disgraceful  invasion,  by  a  body  of  men, 
called  Fenians,  of  Canac.  ontrar/  to  all  international 
law. 

I  find  in  the  Police  Reports  of  this  year,  1866,  that 
there  were  six  prisoners  styled  "Fenians"  arrested  and 
sent  to  jail ;  others  were  brought  from  other  points  on 
the  frontiers  till  the  whole  number  amounted  to  fifteen. 

Their  names  and  occupations  are  given  in  the  chro- 
nological list  of  commitments  and  events.  And  we 
will  only  here  give  a  short  account  of  the  proceedings, 
of  ^  ine  1866,  when  Pigeon  Hill  was  first  brought  pro- 
minently before  the  Oanadian  people. 

When  it  was  known  throughout  Montreal  and  district 
that  the  Fenians  were  actually  attempting  to  invade 
Oanada,  the  utmost  indignation  prevailed.  When  the 
British  troops  arrived  at  St.  Armand's  station  between 
11  and  12  o^clock  of  the  9th  June,  they  found  two 
waggons  which  arrived  from  Pigeon  Hill  with  five 


MONTREAL  PRISON  2l7 


Fenians  prisoners  who  had  been  captured  that  morning 
by  different  parties.  "  These,  writes  one  present,  were 
little  scamps  such  as  one  sees  about  the  streets  of  all 
great  cities.  One  was  a  tolerably  stout  resolute  look- 
ing  fellow,  the  other  a  mild  looking  young  man  much 
better  dressed  than  the  rest. " 

These  men  were  left  in  the  custody  of  the  St  Armand's 
volunteers  and  the  column  of  attack  on  the  Fenians  at 
Pigeon  Hill  started  at  two  p.  m.  The  G-ranby  and  Water- 
loo volunteers,  commanded  by  Captain  Millard,  formed 
the  advance  guard,  being  followed  by  two  twelve 
pounder  Armstrong  guns  of  Captain  Balfour's  Battery, 
Royal  Artillery  then  stationed  in  Hochelaga  accom- 
panied with  their  regular  quota  of  artillery  guns, 
commanded  by  Captain  Fhipps,  B.  A.  These  were 
followed  by  two  companies  of  the  Bifle  Brigade  under 
Major  Nixon,  who  commanded  the  whole  column  also 
two  companies  of  the  25th  Bogiment,  then  stationed  as 
well  ae  the  Bifle  Brigade,  in  Montreal.  Another  com- 
pany of  the  26th  brought  up  the  rear  and  formed  the 
rear  guard. 

Between  the  main  body  and  rear  guard,  the  supply 
waggon  and  a  farmer's  wc^gon,  carrying  the  surgeon's 
apparatus  and  medical  comforts  were  placed. 

The  officers  and  men  were  in  the  highest  spirits, 

only  fearing  lest  the  redoubtable  Fenians  should  seek 

shelter  too  promptly  in  the  United  States,  the  "  Lines  " 

being  only  half  a  mile  from  their  camp.  The  day  was 

very  fine,  the  sun  was  shining  brightly,  yet  tempered 

by  a  cool  breeze.    This  made  the  roads  dry  and  the 

marching  pleasant.    One  thing  regarding  this  march 
15 


218  HISTORY  OF  THE 


must  not  be  passed  over.  Although  several  soldiers  of 
the  Line  and  Rifles  were  knocked  up  with  the  march 
and  obliged  to  fall  oat,  yet  such  was  the  pluck  and 
training  of  our  volunteers  and  they  were  the  advanced 
guard  and  in  front  of  the  strong  Artillery  horses  of 
Captain  Balfour's  Battery,  not  one  single  man  evinced 
the  least  fatigue,  but  kept  straight  ahead.  A  short  halt 
was  made  at  a  place  called  Holt's  Corners  and  another 
prisoner  was  brought  in  from  the  south  road  having 
been  captured  by  a  farmer  who,  with  his  son  and  hired 
man  had  been  reconnoitering  the  enemy.  The  Fenian 
was  mounted  on  a  handsome  horse  and  was  rather  of  a 
gentlemanly  and  refined  appearance.  He  was  speedily 
dismounted,  being  succeeded  in  the  saddle  by  Captain 
Hallowes  of  the  25th  Regiment,and  the  Fenian  was  con. 
ducted  to  the  rear  in  charge  of  a  guard  from  that  Regiment. 
Another  prisoner  was  soon  met,  squatted  in  a  single 
waggon  between  the  feet  of  two  farmers  of  Stan- 
bridge,  who  had  captured  him.  Just  before  the  column 
reached  Pigeon  Hill  there  was  the  cry  "Incline  to  the 
right. "  and  that  splendid  body  of  horsemen  "  The 
G-uides  "  under  Captain  D.  Lome  McDougall,  dashed 
past  in  single  file  and  took  their  place  in  front.  They 
had  no  opportunity  that  day  and  more  is  the  pity  to 
"  flesh  their  maiden  swords  "  upon  any  large  body  of 
Fenians.  But  they  rode  round  by  the  Cook's  Corner's 
Road  and  at  a  later  period  of  the  day  cut  ofl"  the  retreat 
of  some  who  would  have  escaped  and  took  two  of  the 
miserable  scoundrels  prisoners.  If  the  Fenians  had  a 
good  sight  of  them  and  they  had  from  their  position, 
they  must  have  felt  inclined  to  keep  out  of  their  way. 
In  turning  to  the  right  at  the  tavern  at  Pigeon  Hill, 
the  whole  column  descended  the  hill  on  the  road  leading 


MONTREAL  PRISOI^  219 

directly  to  the  Lines  the  Artillery  taking  the  lead.  The 
guns  were  placed  in  position  on  a  high  point  overlook- 
ing the  whole  valley  in  the  direction  of  the  woods  and 
about  half  a  mile  from  the  Lines.  The  company  of  the 
26th  remained  with  the  guns  and  the  remainder  of  the 
infantry  in  two  lines  with  the  Rifles  thrown  out  in  front 
as  skirmishers  descended  into  the  valley.  The  last  red 
coat  disappeared  among  the  trees  and  presently  a  single 
rifle  shot  was  heard  echoing  loudly  enough  through 
the  woods,  two  more  followed  then,  a  dripping  fire  of 
musketry  and  all  was  silent. 

At  the  first  report  every  one  sprang  to  his  feet  the 
gunners  placed  themselves  by  their  pieces  and  the 
officers  of  artillery  prepared  to  point  them  upon  any 
body  of  the  enemy  that  might  break  cover.  The  dis- 
appointment was  very  great  when  the  firing  ceased. 

Presently  the  red  coats  emerged  from  the  woods, 
marched  across  a  small  clearing  and  disappeared  in  the 
woods  beyond.  After  waiting  sometime  longer,  and 
the  sun  beginning  to  approach  the  western  horizon, 
the  horses  were  put  to  the  guns  and  waggons  and 
preparations  were  made  for  returning  to  St.  Armand. 
One  company  of  the  25th  rejoined  their  comrades  on  the 
hill.  The  rest  of  the  force  made  their  way  by  the 
Cook's  Corner's  Boad  back  to  Pigeon  Hill  with  the 
exception  of  one  company  of  the  Rifles,  which  was 
detached  towards  Frelighsburg.  The  rest  of  the 
force  reached  St.  Armand 's  Station  between  9  and  10 
o'clock  at  night. 

It  was  generally  supposed  that  two  Fenians  were 
killed  and  fifteen  were  captured  whose  names  afe  given 


220  HISTORY  OF  THE 


in  the  Chronological  lists  of  commitments  of  1866. 
Some  other  bodies  were  fonnd  in  the  woods  on  Sunday. 
Thus  ended  the  first  Fenian  Raid. 

I  now  come  to  what  is  called  the  second  Fenian 
Invasion,  and  it  seems  the  result  of  the  first  had  no 
effect  on  these  men.  About  April  10th  1870,  an  inti- 
mation was  received  by  the  Dominion  Governent 
from  the  British  Minister  at  Washington  to  the  effect, 
that  the  American  £xecutive  had  received  warning  of  an 
intended  Fenian  raid  into  Canada  along  the  frontier 
from  Fort  Huron  to  St.  Alban's.  Later  on,  information  was 
received  that  the  intended  raid  would  not  be  made  at 
the  place  indicated,  but  that  all  the  Fenians  were  con. 
centrating  at  Malone,  a  town  in  the  north  side  of  the 
state  of  New- York  and  near  to  the  Frontier,  and  that 
they  intended  making  a  raid  on  St.  Armand  and  Fre- 
lighsburg.  In  consequence  of  this  information  several 
frontier  corps  were  ordered  to  hold  themselves  in  read- 
iness for  immediate  action  and  by  the  end  of  the  week 
all  the  battalions  so  ordered  were  under  arms.  From 
Montreal  in  the  Monday  following  this  information 
Muir's  Troop  of  Cavalry  was  ordered  and  they  arrived 
at  Huntingdon  on  Tuesday  afternoon.  Col.  Chamberlain 
had  already  gone  to  Missisquoi  to  bring  out  the  force 
under  his  command  whilst  a  large  force  was  collected 
of  the  volunteers  in  Montreal.  During  the  following 
week  the  streets  of  Montreal  appeared  gay  with  march- 
ing troops  and  sounds  of  martial  music  from  the  many 
bands  which  were  moving  to  and  from  the  execution 
of  their  military  duties.  Rumors  were  plentiful,  but 
not  until  H.  M.  G.  Majesty's  Birthday  following  were 
the  rnmort  turned  into  fact.    The  celebration  of  the 


MONTREAL  PRISON  22i 


Queen's  Birthday  was  interrupted  by  a  call  for  the 
Regulars  and  Volunteers  to  move  to  the  front.  Word 
was  received  that  the  Fenians  were  massing  both  at  St. 
Alban's  and  Malone  as  well  as  in  Upper  Canada  on  the 
Niagara  frontier  and  also  at  the  Town  of  Prescott.  St 
John's  and  Frelighsburg  were  at  once  well  garrisoned 
by  troops  from  Montreal,  Fort  Wellington  at  Prescott, 
was  garrisoned  by  the  Ottawa  volunteers  and  every 
thing  was  done  to  protect  the  frontier  of  Canada  from 
the  lawless  rabble. 

The  day  after  the  Queen's  Birthday  viz.  25th  May,  a 
band  of  over  two  hundred  of  these  misguided  men 
under  the  command  of  one,  O'Neil  crossed  the  frontier 
and  entered  Canada,  trying  to  effect  a  lodgement  at 
Pigeon  Hill.  This  was  the  scene  of  their  first  incursion 
in  1866.  Many  hundreds  of  Fenians  were  in  and  about 
St.  Alban's  during  this  time.  Also  there  were  large 
arrived  bodies  of  them  at  Malone  and  elsewhere.  The 
proclamation  of  General  Grant,  the  President  of  the 
United  States  rather  disconcerted  their  plans  whilst  on 
the  morning  of  the  26th  a  finely  equipped  little  army  of 
itself  in  the  shape  of  the  Prince  Consort's  own  Rifles 
{jflegulars)  of  seven  hundred  strong  under  command  of 
Lord  A.  Russel  and  accompanied  by  Prince  Arthur 
went  by  special  train  to  St  John's  where  the  Volunteers 
had  preceded  them.  General  Lindsay  assumed  com- 
mand of  the  whole.  Col.  Smith  with  a  detachment  of  the 
60th,  arrived  at  Stanbridge  and  left  early  next  morning 
with  Col.  Chamberlains'  Corps  for  Cook's  Corners,  the 
old  Fenian  camping  ground.  When  they  arrived  there, 
they  found  that  the  Homeguard  was  already  on  the 
spot  recruited  only  the  day  before  by  Col.  Westover, 


'<: 


222  HisTOR  y  OF  th'e 


and  a  few  other  loyal  and  spirited  farmers  and  gentle* 
men  living  on  the  borders  who  took  upon  themselves 
the  duty  of  defending  their  hearths  and  homes,  waiting 
the  arrival  of  regular  troops. 

G-eneral  Lindsay  disposed  of  all  his  forces  at  the  best 
available  spots,  bat  it  was  only  here  that  any  fighting 
took  place  as  all  the  other  bands  of  Fenians  fled  when- 
ever they  were  opposed  to  the  regular  troops  of  Her 
Majesty  or  the  Canadian  Volunteers.  All  along  the 
frontier  at  Cook's  Corners,  the  Fenians  had  scattered 
their  arms  and  ammunition  in  their  hurry  and  it  is 
supposed  on  good  authority  that  over  a  thousand  men 
were  at  this  time  either  on  Canadian  soil  or  near  it  in 
the  frontier. 

Disregarding  the  proclamation  of  the  Government  of 
the  United  States  and  the  Marshall  then  there  request* 
ing  him  not  to  proceed,  O'Neil  with  Donnelly  his 
second  in  command  crossed  the  lines  into  Canada.  The 
Homeguards  were  posted  on  the  hill  side,  about  five 
hundred  yards  from  the  American  line.  On  the  Queen's 
Birthday  and  on  the  following  morning  they  were  joined 
by  a  portion  of  the  forces  under  Col.  Smith  and  Lieut. 
Col.  Chamberlain.  The  whole  number  of  the  Canadian 
troops  did  not  here  exceed  seventy  men,  though  ample 
reserves  were  in  waiting  at  points  near  at  hand.  About 
noon  the  Fenians  moved  onwards  and  actually  in  a 
body  crossed  the  lines.  The  Burlington  Vt.  Company 
of  Fenians  dashed  down  to  form  a  skirmish  line  across 
a  little  brook  that  flowed  between  the  combatants. 
The  moment  they  crossed,  the  Homeguards  and  others 
.  opened  fire,  one  maa  was  instantly  killed  and  others 


MONTREAL  PRISON  223 

wonnded.  The  Fenians  wavered  and  fell  back.  Ano- 
ther company  tried  and  too  receded,  and  it  so  resulted 
that  from  the  sharp  firing  of  the  Canadians,  no  Fenian 
dared  to  approach  the  bridge  and  all  fell  into  confu- 
sion and  a  stampede.  In  the  afternoon  they  again 
attempted  to  cross,  losing  one  man  killed  and 
several  wounded  though  the  actual  number  could 
never  be  ascertained.  O'Neil  and  the  other  leaders 
were  then  taken  prisoners  by  the  U.  S.  Marshall  and 
driven  off  to  St.  Alban's  Jail.  Thus  collapsed  the 
Fenian  raid  of  1870  iit  Cook's  Corners. 


224  HISTORY  OF  THE 


CHAPTER  XVII. 

Charles  Alexander  and  the  Female  Prison  — Revds.  Mr.  Huberdeau  and 
ArroWa—Building  of  the  Jail — Prison  Inspectors.— Extracts  from 
Reports.— Concluding  Remarks. 


About  this  time  the  citizens  of  Montreal  began  to  be 
stirred  up  regarding  prison  reform.  Not  every  one  knew 
that  the  jail  was  divided  into  two  departments  and  yet 
seemed  all  one,  for  the  House  of  Correction  was  includ- 
ed in  the  jail  proper.  It  takes  a  long  time  for  Grovern. 
ments  and  Corporations  to  move.  They  move  slowly, 
but  the  City  of  Montreal  had  a  gentleman  then  in  its 
Council  who  worked  hard  and  strenuously  for  the 
amelioration  of  the  poor  and  criminal  classes,  and  that 
man  was  Charles  Alexander.  When  he  represented 
Montreal  in  the  Local  Legislature  his  voice  and  in- 
fluence  were  always  exerted  in  their  cause — and  the 
lasting  testimonial  to  his  name  will  ever  be  in  the 
Boy's  Home.  Greatly  through  him  at  last  the  Female 
Prison  became  an  accomplished  fact  and  the  men  were 
separated  from  the  women  and  after  years  of  striving 
and  struggling  some  movement  was  made  for  a  sepa- 
rate female  Prison.  An  editorial  of  the  Star  shows 
what  the  movement  was  then — previous  to  the  erec- 
tion of  the  Fnllum  Street  Female  Prison.  "  A  depu- 
tation left  this  city  yesterday  for  Quebec  accom- 
panied by  the  Rev.  M.  Huberdeau,  for  the  purpose 
of  applying  to  the  Local  Legislature  to  obtain  the  old 


MONTREAL  PRISON  228 

military  prison  at  Hochelaga  as  a  House  of  Correction 
for  female  prisoners.  The  delegates  chosen  for  this 
important  daty  are  Alderman  Bernard,  Alexander, 
David,  Wilson,  Simard  and  Gonncillor  H.  Lyman.  His 
Worship  the  Mayor  leaves  to-day.  We  sincerely  hope 
their  efforts  will  be  successful  and  that  the  Government 
will  give  them  a  favourable  hearing." 

This  attempt  fell  through,  on  account  of  the  Provi- 
dence Nuns  afterwards  renting  the  buildings  for  a 
lunatic  asylum  whilst  their  large  establishment  was 
being  built  at  Longue  Pointe — but  the  following  short 
notice  which  appeared  sometime  after  in  one  of  the 
newspapers  speaks  for  itself.  "  The  Rev.  Father  Hu- 
berdean  and  the  HeV.  J.  D.Borthwick,  vdth  the  very 
Bev.  Father  Arrow  of  the  Montreal  Seminary  returned 
from  Quebec  last  Thursday  where  they  have  succeeded 
in  arranging  for  the  immediate  erection  of  a  Female 
Prison  in  Montreal.  The  gentlemen  of  the  Seminary 
through  the  very  Rev.  Father  Arrow  have  presented  to 
the  local  Government  free  from  all  incumbrance  no  less 
than  twelve  acres  of  land  within  the  limits  of  the  city 
and  near  the  present  Gaol,  where  will  be  erected  a 
Model  Prison  for  women.  The  move  is  a  great  success 
and  redounds  to  the  energy  of  the  two  Chaplains  and 
the  liberality  of  the  Seminary  of  Montreal. " 

The  liberality  of  the  Government  was  greatly  taxed 
and  the  loan  of  $25,000  from  the  City  of  Montreal  need- 
ed before  the  building  was  at  last  erected  and  the 
prison  an  accomplished  fact.  Nevertheless  only  the 
Roman  Catholic  women  were  its  inmates  for  the  first 
eight  months  on  account  of  some  misunderstanding 
between  the  Government  and  others.  AH  the  women 


226  HISTORY  OF  THE 


are  now  and  have  been  for  some  years  past  sent  to  the 
female  prison  in  Fnllnm  street  and  so  vast  has  been 
the  success  and  change  in  every  thing  connected  with 
them  that  it  is  a  subject  of  wonder  to  all.  Abandoned 
women  who  used  to  be  the  terror  of  the  ward,  have 
either  been  sent  away  quite  changed  creatures  or  are 
still  in  prison,  quietly  and  patiently  obeying  the  rules 
and  behaving  themselves  as  one  would  wish. 

The  prison  Inspectors  have  had  a  great  deal  to  do 
with  the  establishment  of  this  female  prison.  And  the 
Chairman  L.  L.  L.  Desaulniers,  M.  D.,  M.  P.,  and  H.  H. 
Miles,  L.  L.  D.  as  inspectors,  were  indefatigable 
both  personally  and  in  their  annual  reports  in  advan- 
cing the  new  order  of  affairs.  Perhaps  an  extract  from 
their  official  report  anent  this  female  prison  (date,  1874- 
76,)  will  more  clearly  show  what  they  mean  and  what 
will  yet  be  the  outcome  in  future  of  all  the  agitation 
and  advancement  made  for  the  past  fifteen  years. 

"  Heavy  as  its  engagements  may  have  been,  the  Go- 
vernment has  not  thought  proper  to  stop  the  works  in 
operation  at  the  prison  for  women,  of  the  City  of  Mont* 
real. 

The  pressing  want  there  is  for  this  refuge,  in  which 
to  lodge  the  great  number  of  female  prisoners  who  at 
present  are  so  much  out  of  place  in  the  gaol,  does  not 
permit  of  delay. 

The  female  prisoners  once  placed  in  their  new  pri- 
son, we  should  have  ample  room  in  the  present  gaol  to 
lodge  all  the  men,  and  thus  the  difficulty,  will  be  over- 
come, this  year,  of  removing  the  prisoners  to  other  pri- 
sons, loid  will  not  occur  again. 


MONTREAL  PRISON  227 


It  was  easy  to  see  that  this  transfer  of  prisoners  would 
not  have  heen  necessary,  were  the  female  prisoners  re- 
moved to  a  prison  specially  erected  for  them.  It  is  on 
this  account  that  we  have  strongly  recommended  for 

more  then  five  years,  the  construction  of  this  prison. 
It  is  also  on  this  account  that  the  Press,  and  men  hold- 
ing high  positions  in  the  country  have  spoken  in  the 
same  sense  and  have  insisted  upon  imm')diate  action. 
With  a  like  expression  of  public  opinioh,  the  govern- 
ment decided  to  erect  it.  But  before  having  plans 
drawn  and  engaging  in  heavy  expense,  it  employed 
competent  men  to  study  the  question,  and  in  the  mean 
time  was  engaged  in  looking  out  for  the  best  means  for 
its  internal  management,  to  the  end  that  the  institu- 
tion might  answer  the  purpose  for  which  it  was  foun- 
ded, principally,  we  may  say,  the  moral  reform  of  so 
many  unfortunate  beings,  at  present  entered  in  the 
books  of  the  gaol,  without  hope  of  any  amendment. 

The  result  of  the  deliberations  of  the  government  and 
the  researches  of  those  to  whom  the  subject  was  sub- 
mitted, was  that  the  direction  of  this  institution  should 
be  confided  to  the  Ladies  of  the  Community  of  Good 
Shepherds.  The  idea,  of  placing  the  Nuns  at  the  head 
of  a  like  establishment  surprised,  without  doubt,  and 
clashed  with  the  opinions  of  a  certain  number,  but  it 
received  the  approbation  of  the  majority  of  the  country. 
Moreover  this  idea  was  not  new. 

It  is  now  somme  15  yeais  since  the  well  known  Dr. 
W.  Nelson,  then  Inspector  of  Kingston  Penitentiary, 
Suggested  the  thing  in  writing, "  that  until  they  deci- 
ded to  build  a  new  prison  for  women  nothing  could 
be  easier  or  more   economical  than  to  transfer  the 


228  HISTORY  OF  THE 


temale  prisoners  to  some  asylum  or  charitable  institn* 
tion,  such  as  the  Sisters  of  Gharity  or  Good  Shepherd  : 

There,  he  added,  these  poor  women,  lost  and  dri- 
ven from  society,  would  find  an  asylum,  consolation, 
comfort  and  nourishment,  physical  and  moral.  Their 
temperaments  repose,  their  Christian  duty  and  reli- 
gious obligations  are  there  explained,  and  to  the  dis- 
cipline is  added  the  powerful  elements  of  encourage- 
ment and  hope. 

The  entire  management  of  these  institutions  of  re* 
fuge  is  perfect  and  admirable.  The  tender  and  ma- 
ternal treatment,  subduing  the  most  hardened,  urges 
them  to  serious  reflection  and  helps  towards  repen- 
tance and  reform. 

As  soon  at  the  arrangements  were  concluded  with 
the  Ladies  of  the  Good  Shepherd ;  the  Government  com- 
menced the  work  and  the  foundations  were  laid. 

We  hope  that  this  edifice  will  inite  the  advantages 
spoken  of  in  our  Report  of  1869.  We  then  said  that  it 
should  be  a  handsome  building,  sufficiently  large  for 
present  and  future  wants  of  the  District.  Equally  in 
giving  it  sufficient  solidity,  should  they  be  careful  in 
not  making  it  too  massive,  nor  in  covering  the  edifice 
with  costly  and  useless  ornaments.  In  a  word,  the  ne- 
cessary should  have  precedence  over  the  superfluous. 
Luxury  should  everywhere  make  way  for  simplicity, 
and  the  useful  should  always  be  preferred  to  the  plea- 
sing. All  embellishment  should  be  put  aside  "Be- 
cause, as,  Hill  the  writer,  so  judiciously  says,  a  prison 
of  nobis  and  imposing  exterior  has  the  bad  tendency 


MONTREAL  FRtSON  229 

of  giving  importance  to  the  criminals  and  dignity  to 
crime  ;  splendid  edifices  divest  crime,  to  a  certain 
extent  of  its  enormity  and  of  its  fearful  ugliness. 

It  is  evident,  without  doubt,  that  the  external  aspect 
of  prisons  should  have  h  omogenity  with  the  object  for 
which  they  are  destined. 

It  is,  basides,  unjust  to  tax  society  more  than  is  ab- 
solutely necessary,  for  the  punishment  of  the  guilty  and 
for  effecting  their  reform. 

The  interior  of  this  prison  will  be  laid  out  in  such  a 
manner  as  to  render  the  supervision  easy,  to  provide 
Tor  large  work  shops,  spacious  wards,  and  all  other 
apartments  necessary  for  the  proper  administration  of 
the  Institution." 

Speaking  of  the  future  Central  prison  in  connection 
with  that  of  the  female  prison  in  Fullum  street  they 
thus  report  in  1874-76. 

"  For  many  years  the  Inspectors  continually  recom- 
mended the  separation  of  the  men  and  women,  and  the 
Government  finally  determined  to  bring  about  this 
important  change.  In  asking  so  perseveringly  for  a 
complete  separation,  the  Inspectors  were  actuated  solely 
by  the  hope  of  effecting  more  quickly  and  effectually 
the  moral  regeneration  of  the  men  and  women,  especi- 
ally of  the  latter. 

The  women's  ward  in  the  present  gaol  being  removed, 
letl  the  whole  of  the  gaol  to  the  men.  It  was  there- 
fore easier  to  grant  relief  to  the  latter,  while  at  tk? 
same  time  classifying  them  better.  As  to  the  women,  it 
had  been  decided  to  place  them  under  the  care  of  some 


S30  HISTORY  OF  THE 


order  of  Nans,  because,  in  the  opinion  of  the  Govern- 
ment and  of  the  Inspectors,  snch  a  course  promised 
better  results. 

The  present  gaol  was  therefore  built  and  the  Nuns 
of  the  Good  Shepherd  were  placed  in  charge.  From 
this  period  dates  the  real  progress,  the  actual  and  strik- 
ing change  in  the  behavior,  habits,  and  even  the  per- 
sonal appearance  of  the  prisoners. 

Upon  visiting  the  prison,  it  is  ediiiying  to  hoar  Hymns 
and  Prayers  instead  of  swearing  and  blasphemy.  Ins- 
tead of  witnessing  shameful  obscenities  and  hearing 
scandalous  conversation,  one  admires  the  modesty, 
good  behaviour,  and  silence  of  the  prisoners.  The  utmost 
order  prevails  everywhere,  and  even  politeness  is 
observed  by  those  creatures  once  fallen  so  low  and  so 
uncouth. 

Instead  of  living  in  corrupting  idleness,  the  women 
are  occupied  with  useful  and  improving  work.  In  fact 
we  can  but  congratulate  ourselves  upon  the  success 
obtained  in  the  management  of  this  prison,  in  respect 
of  the  improvement  both  materially  and  in  the  charac- 
ter of  the  prisoners." 

In  coroboration  of  the  above  the  following  extract 
from  the  Reverend  M.  Lauzon,  then  the  Roman  Catho- 
lic Chaplain  to  the  Female  Jail,  FuUum  street,  also 
shows  encouraging  progress.  In  his  annual  report  to 
the  Government  for  1879,  he  says  : 

"  Visitors  of  every  shade  of  opinion  have  more  than 
once  admitted  that  a  radical  transformation  has  been 


/ 


MOirrREAL  PRisoy  231 

effected  in  the  bahavior  of  the  prisoners.  All  those,  in 
effect,  who  were  in  a  position  to  know  in  what  an 
abject  state  those  unfortunates  lived  under  the  old  . 
system,  are  agreeably  surprised  in  seeing  how  well- 
behaved  they  are  now,  and  what  deference  they  show 
to  all  who  take  an  interest  in  them.  The  Nuns  exercise 
over  them  an  influence  which  can  only  be  explained 
by  the  inexhaustible  charity  they  constantly  display 
for  them. 

In  their  dealings  amongst  themselves  there  is  also 
an  encouraging  improvement.  At  the  beginning  those 
who  wished  to  do  well  were  obliged  to  cry  for  mercy, 
and  their  companions  applied  insulting  epithets  to 
them  which  more  than  once  shook  the  constancy  of 
their  consciences,  which  at  yet  were  hardly  settled 
in  their  good  resolutions.  To-day,  thank  God,  if  those 
who  wish  to  reform  have  not  yet  all  the  liberty  which 
might  be  desired,  they  are  at  least,  treated  with  a  cer- 
tain amount  of  kindness,  and  they  inspire  more  respect 
in  those  who  wish  to  remain  in  their  wickedness." 

And  the  good  work  has  gone  on  ever  since  progressing 
year  by  year,  in  both  the  Roman  Catholic  and  Protes- 
tant Departments. 

As  I  gave  an  extract  from  the  Inspectors  report  of 
1874-5  I  will  now  insert  a  short  one  from  the  report  for 
1882,  showing  that  the  working  ot  the  plan  for  the 
separation  of  the  prisoners,  male  and  female,  into  two 
distinct  establishments  and  at  a  distance  from  each 
other,  has  resulted  in  the  highest  good  to  all  and  that 
those  who  originally  worked  for  this  separation  indeed 
did  a  patriotic  thing  for  their  country. 


232  HISTORY  OF  7 HE 


In  the  last  government  report  of  the  Inspectors  of 
prisons  and  asylums,  A.  D.  1884  they  speak  highly  of 
,  this  vast  improvement.  Let  us  contrast  this  report  with 
that  of  1875,  ton  years  ago  and  to  think  that  all  this 
reformation  has  been  effected  in  one  decade  of  years. 
What  must  be  the  advance  in  twenty  or  thirty  years 
hence  when  this  generation  shall  have  passed  away 
and  a  new  one,  imbued  with  progress  and  advance- 
ment far  more  than  ourselves,  shall  have  taken  up  the 
reins  of  government  and  improved  vastly  on  all  those 
things  which  we  have  inaugurated. 

One  of  the  Inspectors  says  : 

"  I  am  not  of  the  opinion  that  the  prisoners  should 
not  be  illtreated  but  I  think  that  a  gaol  ought  to  be  a 
gaol  and  not  a  pleasant  resort  an  agreable  dwelling,  to 
which  at  the  expiration  of  their  sentence  the  prisoners 
have  no  objection  to  return." 

And  on  their  visits  they  have  found  every  thing 
regarding  the  behavior,  morality  and  obedience  to  pri- 
son rules  all  that  should  be.  May  their  suggestion  and 
that  of  the  Chaplains  soon  be  carried  out  when  a  Central 
prison  will  enable  those  in  authority  to  better  classify 
the  prisoners  and  arrange  their  work,  so  that  every 
one,  no  matter  who,  will  be  industriously  employed  and 
the  Government  relieved  in  a  great  measure  of  much  of 
the  cost  of  annually  keeping  the  criminal  classes,  as  the 
work  perforned  by  such  would  f?o  far  to  repay  the 
large  sums  which  have  been  expended  in  the  punish- 
ment of  convicts. 


MONTREAL  PRISON  233 


CHAPTER  XVIII. 


Chronological  digest  of  the  principal  events  from  A.D.  1785  to  A.O.  t789 
from  the  Record  of  the  "  Commissioners'  Court. — Extracts  from  the 
Becord  of  the  Court  of  Quarter  Sessions  from  its  commencement  in  A.D. 
1784  to  A.  O.  1810.— Extracts  from  the  Records  of  Court  of  King's 
Bench  from  A.  D.  1802  when  it  began  to  A.  D.  1803,  and  from  A.  D. 
1812  to  1886. 


I  find  the  first  entry  is  a  complaint  of  insulting 
threats  and  menaces,  and  the  next  is : 

Bonaventure  Viger  vs.  Sieurs  de  la  Broquery  et 
Angnstin  Quintal.  This  action  arose  in  a  complaint 
against  the  Defendants  for  not  paying  the  fines  or  impri- 
sonment of  7  pigs,  and  was  put  off"  till  a  future  day.  When 
it  arrived  the  Defendants  appeared  and  "  say  that  they 
are  syndics  to  the  Common  of  Boucherville  and  as  such 
confess  that  7  pigs  from  out  of  that  Common  were 
taken  by  the  Plaintiff".  "  The  Court  condemned  the  De- 
fendants. 

The  Justices  of  the  Peace  in  those  early  days  of  Mon- 
treal's History  had  the  regulating  of  the  price  of  bread 
as  is  seen  in  the  following  order : 

Monday,  5th  September  1786.-->At  a  meeting  of  His 
Majesty's  Justices  of  the  Peaee,  this  day,  it  is  ordered 
that  the  price  and  assize  of  bread  be  as  follows,  viz  : 

The  brown  loaf  of  6  lbs.  at  7 1  or  15  sols.    The  white 
16 


234  HISTORY  01^  THE 


loaf  of  4  lbs.  at  7^  d,  or  16  sols,  and  the  sereral  bakers  do 
conform  thereto  and  mark  the  initials  of  their  names  on 
their  bread.  " 

The  first  instance  of  retailing  spirituons  liquors  with* 

out  a  license  so  to  do  is,  when  Louis  Ducharme  infc":s5« 
against  Paul  Tattous,  who  having  confessed  on  the  18th 

October,  1785  "  for  having  done  so  for  this  year  past 

without  license,  "  is  fined  jSIO  sterling  and  Plaintiff 

remits  his  part  of  the  fine. 

On  the  27th  June,  1876,  an  assault  case  takes  up  the 
attention  of  the  Court.  Cesar  Jahomet  m.  Private  Skr. 
Campbell.  The  plaintifi  declares  that  he  was  struck  by 
Defendant,  a  soldier  of  the  34th  Regiment.  The  defen- 
dant swears  that  he  did  not  strike  him  and  Thos  Fairly, 
a  comrade,  on  oath,  declares  that  "  on  taking  water  at 
the  Fountain,  at  the  Mountain,  near  the  City,  they  saw  a 
dog  above  them,  at  the  stream,  that  they  threw  a  stick 
at  the  dog,  which  happened  to  hit  a  Negro  man,  the 
plaintifi,  who  thereupon  came  down  from  the  stream 
where  the  said  dog  was,  and  threatened  said  Fairly 
and  the  rest  that  he  would  and  could  fight  any  or  either 
of  them.  That  thereupon  seeing  himself  and  his  com- 
rades so  threatened,  he  gave  said  plaintiff  a  blow  and 
knocked  him  down.  " — Dismissed. 

On  the  Uth  July,  1786,  Antoine  Clement,  Capitaine 
de  Milice,  brings  up  a  suit  against  Nicholas  Bertrand, 
for  having  carted  and  passed  through  the  Parish  of 
Sainte  Genevieve  loaded  on  the  Sabbath.  The  defen* 
dant  appears  and  confesses  he  did  so,  but  adds  "  he  did 
not  know  of  it  being  harm  to  cart  after  the  Divine  Ser- 
vice. "  Court  condemns  defendant  to  pay  a  fine  of  five 


MONTREAL  PRISON  235 

shillings  and  costs  of  suit, "  Then  follows  two  other  like 
suits. 

On  the  1st  January,  1787,  the  same  three  Justices 
mentioned  last  year  assize  the  price  of  bread  at  6d,  or  10 
sols. 

The  first  instance  of  warrant  for  buying  a  shirt  and 
waistcoat  from  one  of  tho  soldiers  of  the  S4th  Regiment, 
or  in  other  words  buying  military  clothing,  is  when  on 
the  2nd  January,  Captain  Kemble,  prosecutes  G-odfrey 
Hetner  for  doing  so.  The  Court  condemned  him  to  pay 
a  fine  of  X5  sterling  and  costs  of  suit,  but  to  be  recom- 
mended as  an  object  of  charity. 

On  the  27th  February,  Jean  Torquette  is  committed 
for  having  assaulted  and  beat  Plaintiflf 's  wife  and  hav- 
ing carried  away  a  barrel  of  Bum,  without  paying  for 
it.  The  mother  appears  and  says  "her  son  took  away  only 
1  qt.  and  3  half  pin's  of  Rum. "  Condemned  to  pay  a  fine 
of  5  shillings  st.  and  costs  of  suit. 

The  first  case  of  seizure  of  the  Customs  recorded,  is  on 
the  22ud  May,  when  John  J.  Beck,  Esq.,  Surveyor  of 
His  Majesty's  Customs  for  the  port  of  Montreal,  obtained 
"  a  monition  admonishing  all  persons  to  appear  and 
show  cause  if  any  they  can,  why  four  cases  of  G-inn 
seized  at  Montreal,  on  the  twenty  eighth  day  of  April 
last,  should  not  be  condemned  as  forfeited.  No  person  ap* 
pered  and  the  Court  granted  default.  " 

I  now  come  to  an  authorization  of  the  Justices  to  get 
a  Doctor  for  the  Goal.  Tuesday  26th  June  1787,  James, 
Finlay  and  Pierre  Guy,  Esq.  Justices.  It  thus  reads  : 


236  HISTORY  OF  THE 


"  Mr.  George  Young,  keeper  of  the  Goal,  having  pre- 
sented a  petition  to  the  Court  this  day,  sstting  forth  that 
the  prisoners  in  Goal  or  several  of  them  are  sick  and 
unwrell,  there  being  no  Surgeon  or  Doctor  to  attend 
them,  praying  that  the  Court  vv^ould  authorize  him  to 
get  a  Doctor  or  Surgeon  to  attend  them,  and  that  he 
may  be  reimbursed  the  expenses  he  may  make  in  giving 
them  relief.  Court  authorize  him,  the  said  George 
Young,  to  procure  a  Surgeon  or  Doctor  to  attend  the 
said  prisoners  and  to  get  them  relief  if  necessary,  and 
that  the  Sheriif  be  hereby  authorized  to  reimburse  him 
the  said  George  Young,  and  charge  the  same  in  public 
account." 

On  Tuesday,  10th  July,  Joseph  Martin  brings  suit 
against  Pierre  Lefevre  for  having  insulted  him  v^^ithout 
cause.  The  Defendant  says  he  "  was  at  vrork  and  inad- 
vertenly  spoke  some  insolent  w^ords  in  the  presence  of 
the  Curate  of  the  Parish." 

Louis  Bellair  says  •'  he  w^as  at  St.  Genevieve  and  saw 

the  Defendant  in  a  great  passion,  that  he  heard  some 

infamous  words,  that  the  Curate  who  was  present 

reproached  him,  that  thereupon  he  spoke  some  disres- 

pectful  words  to  the  Priest,  telling  him  to  go  about  his 

own  affairs.  "  Another  man  substantiated  the  above  and 

the  Court  thus  gave  judgment.  "  The  Court  is  of  opinion 

that  the  Plaintiff,  as  Captain  of  Militia,  was  on  active 

duty  when  he  reprimanded  the  Defendant  for  swearing 

and  speaking  rudely  to  the  Curate,  that  the  language 

given  by  the  Defendant  to  the  Captain  is  very  wrong 

and  of  dangerous  example,  therefore  order  him  to  beg 

his  excuse  and  to  pay  the  costs  of  suit  and  40  sols  to 

each  of  the  evidences,  two  days.  ' 


MONTREAL  PRISON"  237 

The  first  commitment  for  driving  and  running  over 
a  child  is  when  John  Mittleberger,  caleche  driver,  runs 
over  the  child  of  Joseph  Fournier,  17th  July,  and  gets 
fined  in  the  sum  of  20  shillings  and  costs. 

The  first  instance  of  selling  bread  short  of  the  weight 
is  on  the  14th  August,  vs^hen  a  baker  is  condemned  in 
costs  for  doing  so. 

I  wonder  if  any  of  the  committing  magistrates  for  the 
present  day  ever  had  to  record  what  is  given  below,  of 
a  man  arrested  and  convicted  of  selling  liquor  without 
a  licence.  After  his  sentence  the  Court  adds :  "  But  on 
account  of  Defendant's  loyalty  and  goodness  of  charac- 
ter, the  Court  recommends  it  to  His  Excellency  the 
Governor  to  remit  such  part  of  the  said  fine  as  by  the 
said  statutes  is  directed  to  be  paid  to  the  King's  Ma- 
jesty." 

On  the  2Qd  January  1788  the  bread  is  5d  or  ten  sols. 

The  first  commitment  for  keeping  a  disorderly  house 
is  on  the  8th  April,  when  a  woman  complains  of  the 
above  and  is  ordered  by  the  Court  to  lay  her  complaint 
before  the  Clerk  of  Peace. 

The  following  bakers  appeared  and  received  licence 
to  bake  and  sell  bread  for  one  year  without  intermit- 
ting their  said  trade  for  the  space  of  three  days  together. 
Louis  Landry,  Montreal ;  Hyacinthe  Poitevin,  RecoUet 
suburbs ;  Chas  Detrotel,  BecoUet  suburbs ;  Francois 
Desmarchais,  St.  Lawrence ;  Joseph  Dufaut,  Montreal ; 
Philip  Brookman,  Town  of  Montreal ;  Chs  La  Tulippe, 
St.  Lawrence  suburbs ;  Louis  Beaulien,[St.  Lawrence 
suburbs ;   Chs  Beaulieu,  Quebec  ;    Fran9oi8  Destrotel, 


238  HISTORY  OF  THE  * 

Town  of  Montreal ;  Levi  Solomon,  Town  of  Montreal; 
Pierre  Martinean,  Quebec  snbnrbs ;  Etez  Gadieux,  Vve 
LaGalle,  Recollet  suburbs;  "William  Logan,  Town  of 
Montreal ;  Louis  G-authier,  St.  Lawrence  suburbs ;  Solo- 
mon Mittleberger,  Town  of  Montreal ;  Joseph  Berlin- 
guet,  St.  Lawrence  suburbs. 

The  first  instance  of  wife  beating  occurs  on  the  8th 
May,  when  Margaret  Wickham,  wife  of  Christopher 
Long,  makes  complaint  against  him  lor  violently  beat- 
ing her.  I  give  the  Defendant's  deposition.  '•  He  had  no 
particular  reason  at  the  time  he  beat  his  wife  for  so 
doing,  that  he  has  of  late  been  addicted  to  liquor,  which 
has  hurt  his  intellect  and  excited  in  him  a  disposition 
of  jealousy  of  his  wife's  conduct.  Condemned  to  find 
bail  for  future  good  conductor  stand  committed. 

On  Tuesday,  10th  June.  This  day  the  following  per- 
sons took  the  oath  of  allegiance  in  Court  and  entered 
into  bonds  to  the  King  as  tavern-keepers,  pursuant  to 
the  ordinance  :  Joseph  Gra\?  el,  parish  of  St.  Vincent  de 
Paul;  Pierre  Messier.parish  of  Varennes;  Joseph  Laberge, 
parish  of  Varennes :  Joseph  Picard,  parish  of  Lachiue  ; 
Louis  Laberge,  parish  of  Vercheres. 

On  September  16th,1788,  six  commitments  are  record- 
ed against  six  persons  for  carting  wheat  on  Sunday. 
They  are  all  fined  5  shillings  and  costs. 

On  Wednesday,  the  24th  September,  a  special  see'"'  ^n 
of  the  judges  was  held  to  receive  a  memorial  from  tbie 
bakers.  There  were  present  the  following :  James  Mc- 
Gill,  Edward  Southouse,  Kertel  de  Rouville,  Senr,  Jas. 
Finlay,  Kertel  de  Rouville,  Pierre  Fortier,  Simon  San- 


MONTREAL  PRISON  239 


gninet,  Portiere  Lamarc,  Thomas  McCord,  Gabriel 
Franchere  and  J.  Bte  Adh6maz.  The  petition  reads :  "A 
memorial  of  the  bakers  in  the  town  and  suburbs  of 
Montreal,  respecting  the  present  scarcity  of  wheat  and 
praying  the  price  of  bread  may  be  augmented  during 
the  remainder  of  the  present  month.  It  was  resolved 
that  the  Justices  of  the  peace  are  not  bylaw  empowered 
to  make  any  alterations  with  the  price  or  assize  of  bread 
till  the  expiration  of  the  present  month  and  that  it  be 
recommended  to  the  bakers  to  continue  furnishing  bread 
as  usual  agreable  to  the  recognizance  they  have  entered 
into  on  pain  of  forfeiting  the  same.  The  Justices  at  the 
same  time  assuring  them  that  although  they  cannot 
afiford  them  immediate  relief  by  breaking  through  a  posi* 
tive  law,  they  promise  them  that  in  proceeding  to  fix 
and  assize  for  the  ensuing  month,they  will  make  them  a 
reasonable  compensation."  On  Monday  ,the  6th  October, 
the  Justices  again  meet  and  fix  the  price  of  bread  at  8d 
or  16  sols,  agreeably  to  the  request  of  the  bakers. 

In  the  Court  of  Quarter  Sessions,  12th  Jan.  1784, 
there  were  present :  James  McG-ill,  Esq.,  James  Finlay, 
Esq.,  Pierre  Guy,  Esq.,  Neven  Swistre,  Esq.,and  nothing 
particular  appeared  before  the  Court.  I  find  the  carters 
were  obliged  to  clean  the  streets  at  the  place  where 
they  stood  with  their  vehicles.  In  a  proclamation  of 
3rd  April  1786,  the  Court  of  Q.  S.  order  that  as  the  car- 
ters have  neglected  to  do  so.that  in  lieu  of  such  services 
as  they  were  hereby  required  to  do,  each  of  them  pay 
one  shilling  and  three  pence,  in  addition  to  their  licence- 
This  particularly  applies  to  those  at  "The  Market  Gate** 
and  the  gateway  commonly  called  "Desormier's  Gate" 
The  Clerk  of  the  peace  is  enjoined  to  employ  persons  to 


240  HISTORY  OF  THE 


clean  and  clear  the  said  gateway  immediately  of  the 
filth  "  and  rubbage,  that  free  and  easy  access  may  be  had 
to  cart  from  the  beach  or  waterside  through  the  gate- 
way aforesaid.  " 

I  find  on  the  22nd  July,1786,  that  Mr.  George  Young, 
the  keeper  of  the  goal,  was  also  the  Crier  of  the  Court, 
and  that  he  presents  a  bill  of  over  <£30  stg.  for  repairs 
to  the  Court  House,  which  was  paid. 

In  those  early  days,  great  power  was  laid  on  the  Jus- 
tices. They  seem  not  only  to  regulate  the  afifairs  of  the 
City,  but  also  the  education  of  the  youth.  I  find  in  the 
presentment  of  the  Grand  Jury,  of  the  date  of  16th  Jan- 
uary, 178*7,  that  they  report  the  following,  regarding 
a  School  teacher.  '*  The  grand  jury  presented  a  petition 
of  "William  Nelson,  of  Three  Rivers,  school  master,  to 
the  Court  of  Quarter  Sessions,  setting  forth  a  desire  of 
removing  his  school  from  Three  Rivers  to  Montreal, 
provided  he  should  meet  with  proper  encouragement,r.nd 
the  grand  jury  having  represented  the  want  of  a  good 
school  at  Montreal  pray  the  Court  to  take  the  petition 
of  the  said  William  Nelson  into  consideration  and  that  he 
may  be  recommended  to  His  Excellency  Lord  Dor* 
Chester,  the  Commander  in  chief,  for  the  bounty  alloV,  ed 
by  Government  for  a  school  master  or  any  part  ther^.of, 
as  his  Lordship  may  think  fit." 

The  Court  recommended  the  petition  to  Lord  Dor- 
chester, and  it  was  granted. 

Mr.  Powell,  in  behalf  of  the  general  fire  committee 
of  the  inhabitants  of  Montreal, "  prays  the  Court  respect- 
ing the  impossibility  of  preserving  in  due  repair  the 


AfONTREAL  PRISON  241 

public  pump  which  has  been  erected  at  great  expense, 
unless  some  regulation  be  made  to  prevent  boys  and 
other  idle  persons  from  abusing  the  said  pump  and  cis- 
tern in  which  it  is  fixed, and  praying  an  order  of  police  to 
surround  the  said  pump  and  cistern  with  a  fence  or 
pailing,  and  fir  a  chain  and  lock  on  the  handle  of  the 
pump,  and  each  inhabitant  desirous  of  using  the  same 
have  liberty  to  get  a  key  made  at  their  own  expense.  " 
The  Court  ordered  the  application  to  be  complied  with. 
In  the  opening  of  the  Court  of  Quarter  Sessions  for 
9th  October,  '''in  the  twenty  seventh  year  of  the  reign  of 
Our  Sovereign  Lord  King  George  III,"  five  Justices 
were  present,  before  whom  Fran9ois  Babin,  of  the  city 
of  Montreal,  surgeon  and  native  of  France,  takes  the 
oath  of  fidelity  and  allegiance  to  His  Majesty  in  open 
Court. 

At  the  next  Court,  6th  November,  a  case  appears  of 
a  complaint  "  against  Theo.  PeUion,  for  having  left  the 
FlaintiflTs  service  as  a  battoe  man,  contrary  to  his  writ- 
ten agreement."  The  Defendant  in  "  Court  acknowledged 
his  agreement  to  conduct  a  canoe  to  Detroit  as  a  steers- 
man, but  that  he  left  the  said  canoe  on  the  way,  finding 
it  impossible  to  make  the  voyage,  for  want  of  proper 
assistants.  " 

We,  living  now  nearly  100  years  after  this,and  having 
our  magnificent  lines  of  Steamers  and  Railways  from 
Montreal  to  Detroit  cannot  imagine  what  this  poor  man 
had  taken  on  hand  to  do.  No  wonder  a  witness  says 
'*  They  set  out  from  Lachine  with  said  canoe  that  when 
they  had  reached  Fointe  aux  Diable  (the  name  was 
enough  to  frighten  any  one)  Defendant  refused  to  proceed 


242  HISTORY  OF  THE 


any  further,  saying  it  was  impossible  to  effect  that  voy- 
age without  some  assistance'The  Court  comdemned  Pel- 
lion  to  14  days  in  the  Common  G-aol.  On  Tuesday.Sth 
January,  1788,before  6  Justices,  the  following  was  read, 
"Read  a  Communication  from  this  Excellency,  the  Right 
Honorable  Guy,  Lord  Dorchester  appointing  John  Reid 
John  Burke  and  Charles  LePailleur,  Esqs,  clerks  of  the 
Court  of  Common  Pleas  and  Secessions  of  the  Peace  for 
the  District  of  Montreal,  when  the  said  John  Burke  and 
Charles  LePailleur  took  and  subscribed  the  oath  of 
office  of  clerks  of  the  Peace  and  the  said  John  Reid  took 
and  subscribed  the  oath  of  allegiance,  supremacy  and  ab- 
juration and  also  the  declaration  against  Transubstantia- 
tion  in  open  Court  and  was  admitted  accordingly." 

In  their  presentment  of  date  30th  January,  1790,  the 
Grand  Jury  state.  "  That  from  the  decayed  state  of  the 
walls  that  surround  this  town  they  have  in  many 
places  become  dangerous  to  the  inhabitants."  The  Court 
orders  that  attention  be  at  once  paid  to  it. 

During  the  same  Court  Andrew  Symington  for  "  Petit 
Larceny"  is  condemned  to  "beconducted  to  the  Pillory  on 
the  public  market  place  of  the  Town  of  Montreal,  bet- 
ween 10  and  11  o'clock  of  the  forenoon,  then  and  there  to 
be  whipt  by  the  hand  of  the  Common  Hangman  upon 
t  he  naked  back,  thirty-nine  lashes  and  afterwards  to  be 
discharged.  "  This  is  the  first  instance  on  record  in  the 
books  of  the  Commissioner's  Court  or  Quarter  Sessions  of 
the  Pillory  and  whipping.  On  the  same  day  Michel 
Minoni  convicted  of  the  same  crime  received  this  judg- 
ment. "  He  be  conducted  to  the  Pillory  in  the  public 
market  place  of  Montreal  between  the  hours  of  ten  and 
eleven  o'clock  in  the  forenoon  and  there  and  then  to  be 


MONTREAL  PRISON  24(5 


exposed  to  the  same  for  the  space  of  a  quarter  of  an  hour 
with  a  label  on  his  breast  with  the  word  Stealing  wrote 
thereon  and  afterwards  to  be  discharged.  " 

On  the  16th  April,  the  Court  had  before  it  a  case  of 
"  Petit  Larceny.  The  sentence  was  ••  That  he  be  taken 
out  (of  the  Prison)  into  the  Prison  yard  and  then  to 
receive  39  stripes  upon  the  naked  back  by  the  Com- 
mon Hangman,  after  which  he  is  to  be  discharged." 

On  the  12th  April,  in  the  t)re6entment  of  G-rand 
Jury  I  find  they  say  :  "  That  the  building  situate 
upon  the  Place  d'Armes,  under  which  His  Majesty's 
bust  was  formerly  placed  is  a  public  nuisance  and 
ought  to  be  pulled  down."  The  Court  granted  the 
request  and  "  Orders  that  the  same  be  pulled  down 
accordingly." 

On  Saturday,  12th  January,  1 792,  a  trial  for  •'  Petty 
Larceny  "  was  held  against  Mary  Campbell,  and  the 
jury  found  her  "  guilty  of  the  offence  charged  in  the 
indictment,  and  so  they  say  all. "  "  The  Court,  on  the 
14th,  condemned  Mary,  who  is  the  first  woman  record- 
edj'of  as  being  placed  in  the  Pillory,  to  be  taken  to  the 
public  market  place,  on  Friday,  the  25th  day  of  Janua- 
ry instant,  between  the  hours  of  eleven  and  twelve  of 
the  clock  in  the  forenoon,  and  that  she  be  then  and 
there  set  in  and  upon  the  Pillory  for  the  space  of  one 
half  hour  and  that  she  be  then  discharged." 

I  find  in  the  records  of  this  year,  this  curious  inc^'ct- 
ment :  "  The  King,  in  the  person  of  Col.  John  Camp- 
bell, vs.  Violetta,  a  negroe  wench."  This  wench  had 
threatened  the  Col.'s  life  and  she  was  bound  over  to 


244  HISTORY  OF  THE 


keep  the  peace.  "  On  the  14th  April  1794,Joseph  Leveill§ 
on  conviction  of  cheating,  the  first  commitment  of 
this  kind  is  sentenced  thus  :  "  That  he  be  carried  to  the 
Market  Place  of  this  city  and  be  there  and  then  put  in 
and  upon  the  Pilloiy  and  exposed  to  the  view  of  the 
public  from  the  hour  of  eleven  o'clock  until  noon,  and 
that  he  then  be  discharged,  and  that  the  constables  of 
the  town  and  banlieu  do  see  this  sentence  put  in  exe- 
cution. " 

* 

This  case  of  pillory  is  put  off  and  again  found  on  12th 
July,  when  the  same  Joseph  Leveill§  is  asked  by  the 
Solicitor  General  why  the  above  sentence  should  not 
be  carried  out.  Mr.  Ross  counsel  for  Leveill6  defends 
the  prisoner  who  however  has  to  undergo  his  sentence 
on  the  2dth  of  the  month,  which  he  did. 

The  Justices  in  1795  seem  all  to  have  been  old  coun- 
try names.  On  21st  October  1795,  the  Justices  present 
were  John  McKindlay,  Robt.  Cruickshank,  Chs.  Blake, 
John  Lilly,  Thomas  McCord  and  Alex.  Henry.  During 
this  year  there  has  not  been  a  single  commitment 
worth  recording.  The  grand  jury  same  day  make  a  pre- 
sentment part  of  w  hich  says :  '•  The  road  in  the  town 
and  banlieu  of  Montreal  and  particularly  in  the  Que- 
bec suburbs  down  to  Fointe  aux  Trembles  are  much 
neglected," 

Another  clause  speaks  of  the  bridges.  "  Many  of 
the  bridges  are  not  even  fenced  with  rails  to  guard 
the  most  wary  traveller  from  accidents."  A.  D.  1796 
is  the  quietest  year  on  record,  not  a  single  case  of  any 
importance. 


MONTREAL  PRISON  245 

On  the  19th  Jannary,  1797,  at  the  meeting  ot  Q.  S., 
Peter  Arnold!  and  John  Wray,  jurors,  were  fined  for 
not  appearing.  The  fine  was  10  sh.  stg.  A  poor  luna- 
tic in  gaol  at  this  time  receives  the  commiseration  of 
the  grand  jury  who  record,  "  that  the  Clerk  of  the 
Peace  make  a  representation  to  His  Excellency  General 
Prescott  of  his  situation  and  to  pray  His  Excellency  to 
procure  him  some  place  of  confinement  in  the  General 
Hospital  of  Quebec  or  elsewhere." 

On  the  18th  July,  a  presentment  is  made  by  the  grand 
jurors  to  arrest  certain  "  Loose,  idle  and  abandoned 
women,"  at  the  instance  of  Robert  Anderson,  Ensign 
and  Adjutant  of  the  Ist  Batallion  of  the  Boyal  Gana- 
dian  Volunteers,  and  Jacob  Marston,  high  constable, 
regarding  the  disorderly  and  indecent  behaviour  of 
certain  women.     They  are  all  arrested  and  punished. 

For  the  past  two  or  three  years  almost  all  the  prin- 
cipal business  of  the  Court  is  Procds  Verbals  of  roads, 
&c.,  which  are  then  homologated,  and  this  throughout 
all  the  District  of  Montreal.  ' 

A  new  Justice,  Wm.  Lindsay,  appears  at  General 
Sessions,  11th  January,  1799. 

In  the  session,  held  19th  July,  several  names  appear 
for  the  first  time  as  James  Hughes,  Robert  Jones  and 
James  Duulop.  The  following  Regulation  was  adopted 
"  Whereas  obstructions  are  making  by  sundry  persons 
by  buildings  or  quays  erecting  between  the  walls  of  the 
Town  and  the  River  St.  Lawrence,  whereof  the  road  on 
the  beach  is  in  part  obstructed,  &c.  It  is  ordered  that 
no  buildings  or  quays  whatever  be  for  the  future  erec- 
ted between  the  walls  of  the  town  and  the  river  under 
a  penalty  of  five  pounds." 


246  HISTORY  OF  THE 


On  30th  April, the  Court  has  a  petition  presented  to  it 
which  is  explained  in  the  order  anent  it.  "It  is  ordered 
that  during  the  summer  season  two  constables  do  attend 
with  their  staves  on  the  Place  d' Armes,  on  Sundays  and 
holidays,  during  the  time  of  Divine  Service  for  the  pur- 
pose of  dispersing  all  boys  and  other  disorderly  persons 
who  may  there  assemble  and  be  employed  in  any  idle 
or  irregular  play  or  pastime  or  in  any  other  way  which 
may  tend  to  a  breach  of  the  peace  or  an  interruption  of 
the  exercise  of  Divine  Worship." 

The  last  session  is  held  21st  October,and  three  justices 
were  present  viz. :  Isaac  M.  Clarke,  Robert  Cruickshank 
and  Louis  Chaboillez.  The  docket  this  term  is  almost 
all  "  Assault  and  Battery, "  and  the  term,  year  and 
century  close  with  nothing  of  importance  in  the  Court 
of  Quarter  SessiQUs. 

January  10th,  1800.— Sessions  of  the  Peace. 

The  Court  opened.  Present :  Alex.  Auldjo,  Esquire, 
Robert  Crickshanks,  Esq.,  James  Duniop,  Esq.,  Louis 
Chaboillez,  Esq.  The  Sherifi'  returned  the  precept 
when  the  following  jurors  were  called,  appeared  and 
were  sworn,  viz. :  John  Gray,  Etienne  St.  Dizier,  Hart 
Logan,  Paschal  Lafleur,  William  Wingfield,  J.  Bte. 
Fournier,  Wm.  HalloWell,  Frs.  Papineau,  Peter  Robert- 
son, Chas.  Lariv6e,  Nath.  Burton,  Dominique  Rous- 
seau, Duncan  McGillevray,  J.  Bte.  Dezery,  Jas.  Badgley, 
J.  Bte.  Lefebvre,  John  Stephenson,  Michael  Dnmas, 
John  Molson,  J.  Philip  L'Eprohon,  Myer  Michaels, 
Bartholemew  Billon,  Mungo  Kay  and  Narcisse  Roy. 

I  give  the  above  list  as  an  old  memento  of  Montreal, 


MONTREAL  PRISON  247 

Many  of  these  names  are  now  forgotten,  others  still 
survive  on  their  descendants. 

The  first  time  in  the  History  of  Montreal  of  a  juror 
refusing  to  take  the  oath,  is  same  day  when  Fran9ois 
Trudeau  does  so,  and  is  committed  to  gaol  tor  eight  days, 
for  "  being  guilty  of  a  high  contempt  of  its  authority.  " 

All  ferries  were  licensed  by  the  Justices  in  those 
days.  Two  applications  are  on  the  Idth,  "  Isle  Perrot 
to  Quiuchien,  and  from  Fointe  Olivier  to  Ghambly. 

On  the  opening  of  the  Session  of  19th  January,  1801, 
The  Grrand  Jury  bring  in  a  presentment  anent  the 
high  price  of  bread  and  their  petition  is  attended  to  txt 
once  by  the  justices  in  their  ordering  thus.  "  The  Court 
having  taken  into  conbideration  the  representation 
made  by  the  Grand  Jury  respecting  the  scarcity  and 
want  of  the  supply  of  bread  and  the  sufferings  of  the  poor 
and  other  inhabitants  in  this  city,  and  it  appearing  to 
the  Court  that  the  quantity  of  bread  which  the  bakers  are 
obliged  by-law  to  bake  will  not  be  sufficient  to  supply 
more  than  two  thirds  of  the  quantity  daily  expended  in 
the  town,  and  that  under  these  circumstances  there  exists 
a  necessity  for  this  Court  to  give  its  aid  and  to  procure  a 
supply  of  bread  for  the  inhabitants,  aid  it  appearing  to 
the  Court  that  no  other  method  can  possibly  be  adopted 
which  will  give  relief  but  by  increasing  the  price  of 
bread  for  the  remainder  of  the  present  month." 

'*  The  said  Court  do  therefore  order  and  direct  that 
the  price  of  bread  for  the  remainder  of  the  present 
month  be  as  follows  : 


248  HISTORY  Of  THE 


The  white  loaf  of  41bs,  at  one  shilling. 

The  brown  loaf  of  61bs,  at  one  shilling  and  that  the 
several  bakers  in  the  town  and  suburbs  do  conform  to 
this  order." 

I  iind  on  the  23rd  April,  that  Simon  Dearbon  Wad- 
leys  gets  authority  to  keep  a  ferry  at  Bolton  "  from 
Bolton  to  Hatly  across  the  lake  Memphramagog,"  and  on 
the  24th,  Jacques  Cartier  fils.received  licence.  "To  have 
a  ferry  from  St.  Antoine,  near  the  church,  to  St.  Denis." 
On  the  30th  April,  1801,  is  established  the  well-known 
ferry  between  Montreal  and  Longueuil.  The  Petitioner 
was  Alexis  Patenaude. 

Among  the  additional  regulations  of  the  police,  30th 
October,  1801,  is  this  original  way  of  lighting  fires  from 
one  neighbor's  house  to  another.  "  It  having  been  repre- 
sented to  the  Court  that  many  persons  carry  fire  through 
the  streets  and  suburbs  of  the  Town  of  Montreal  in 
shovels  or  with  tongs,  in  a  careless  manner,  whereby 
accidents  may  happen,  greatly  injurious  to  the  neigh- 
borhood." It  was  ordered  to  cease  doing  so  under  a 
penalty  of  58.  for  each  ofience. 

The  next  item  is  tabulated :  "Fire  plugs  to  be  erected." 
"  The  company  of  proprietors  of  the  Montreal  "Water 
Works  having  constructed  pipes  for  conveying  water 
into  the  town  of  Montreal,  and  the  said  pipes  being  com* 
pleted  and  water  conveyed  therein  the  Main  street  of 
the  St.  Anthony  suburbs  and  into  several  houses  in 
Notre-Dame  street."  The  Court  orders  fire  plugs  to  be 
erected  at  different  places. 


MONTREAL  PRISON  2k^ 

One  of  these  plugs  was  to  be  erected  on  Notre-Dame 
street,  in  front  of  the  house  occupied  by  Beniah  Gribb, 
another  on  the  height  against  the  wall  of  the  Parish 
church,  fronting  the  Place  d'Armes';  another  against  the 
wall  of  the  Nunnery,  opposite  the  house  occupied  by 
Mr.  McG-ill ;  another  in  the  same  street  as  the  above 
(Notre-Dame),  "against  the  Oollege  wall,  opposite  to  the 
Prison." 

The  last  three  years  show  number  of  proces  verbals 
like  the  years  previous  to  them,  homologating  roads, 
&c. 

The  first  example  of  license  "to  keep  a  billiard  table  is" 
on  the  30th  April  1802,  when  Saml.  "White  is  licensed. 
On  the  19th  July,  are  given  the  rules  and  orders  for  the 
regulation  of  the  House  of  Correction,  then  instituted 
in  the  District  of  Montreal.  Some  Articles  are  given,  one 
or  two  of  which  are  now  done  away  with  and  perhaps 
with  disadvantage  to  the  community  at  large.  Art.  I 
is  upon  the  clothing. 

"The  said  apparel  shall  have  some  uniform  and  distin- 
guished  mark  which  may  not  only  tend  to  humiliate 
tho  prisoners,  but  also  tend  to  their  discovery  in  case  of 
their  escape." 

The  second  article  relating  to  prisoners  on  entrance , 
being  stripped,  washed  and  their  clothes  put  away,  is 
carried  out  every  day  at  the  present  time. 

The  next  article  as  far  as  I  know  never  was  in  use 
"  all  persons  committed  shall,  at  the  discretion  of  the 
Justices,  have  their  heads  shaved  upon  their  entrance 
and  as  often  afterwards  as  it  may  be  judged  necessary." 

n 


250  HISTORY  OF  THE 


Article  ninth  says  "  each  day  of  the  year,  Sundays 
and  Holidays  excepted  (FStes  d'obligation),  shall  be 
considered  as  days  of  labour  and  on  Sundays  and  Holi- 
days the  prisoners  shall  be  confined  in  their  respective 
apartments." 

Article  tenth  states  that  prisoners  refusing  to  work  or 
neglecting  to  do  the  duty  assigned  to  them  or  who 
are  disobedient  shall  be  "punished  by  whipping,  restric- 
tion of  diet,  or  having  the  head  shaved  or  by  other 
smaller  punishment." 

Article  eleventh.  The  prisoners  in  these  days  would 
hardly  credit  the  capital  fare  of  the  present  day. 
This  article  states  that  "each  prisoner  shall  during  their 
confinement  while  in  good  health  be  fed  on  brown 
bread  or  biscuit  and  water  and  ^  other  common  but 
wholesome  aliments,  such  as  roots,  &c.,  but  those  of 
the  third  class  may  be  allowed  small  beer  or  some 
beverage  of  the  like  kind." 

Our  present  prii3'>ner8  would  hardly  believe  how 
clean  the  prisorrre  were  made  to  be  when  they  took 
their  meals.  The  x^ext  article  says  :  "  No  prisoners  shall 
be  permitted  to  sit  down  to  their  meals  until  thoy 
shall  previously  have  washed  their  han  ds  and  face." 

Article  eighteenth  says  the  '*  Keeper  shall  be  author- 
ized to  handcuff  any  riotous  or  disorderly  prisoner  and 
to  confine  him  more  strictly." 

Article  twenty-fifth  provides  "  that  each  prisoner  on 
the  day  of  his  discharge,  shall  receive  from  the  Keeper 
a  sum  not  exceeding  five  shillings  to  procure  to  such 


MONTREAL  PRISON  25 1 

prisoner  a  subsistence  until  he  shall  have  obtained  some 
means  of  gaining  his  livelihood." 

On  the  28th  October,  the  following  constables  are 
appointed  for  a  year  :  John  Molson,  Augustin  Cuvillier, 
John  Shater  and  Frs.  Bedouin.  Afterwards  they  had 
substitutes  appointed. 

On  the  30th,  Mr.  Sewell  makes  a  representation  to 
the  Court  as  one  of  the  Church  Wardens  of  the  Pro- 
testant Congregation  of  Christ's  Church,  praying  for  a 
deduction  of  the  assessment  on  the  said  Church  and 
on  the  Protestant  Burying  Grround  in  St.  Jacques 
Street.  The  assessment  is  reduced  from  jBIOO  to  jBSO, 
and  that  on  the  Burying  G-round  from  .£120  to  XIO. 

On  21st  April,  1808,  the  Grand  Jury  in  their  present- 
ment says  that  "  a  brick  kiln  in  the  St.  Lawrence  sub- 
urbs is  a  nuisance,"  and  "  the  new  gate  in  St.  Paul 
street,  the  same  is  in  a  ruinous  condition  and  dangerous 
to  the  lives  of  His  Majesty's  subjects  " 

At  the  same  time,  this  order  is  given,  "  the  Magis- 
trates, seeing  with  concern  that  many  young  and  other 
idle  persons  assemble  together  in  numbers  on  Sundays 
and  Holidays,  for  the  purpose  of  play  and  amusement 
in  the  streets,  squares  and  other  places  of  the  town  and 
suburbs  instead  of  attending  Divine  Worship,  and 
being  determined  to  put  a  stop  to  this  growing  evil,  do 
prohibit  in  the  most  positive  manner  all  such  assemblies 
during  Divine  Service,  or  from  nine  in  the  morning 
until  five  on  the  afternoon,  under  penalty  of  ten 
shillings  for  each  offense." 


252  HISTORY  OF  THE 


A  by-law  of  this  early  date  says :  "  No  person  shall 
on  Sunday  sell  or  expose  for  sale  any  sort  of  provisions, 
goods  or  fruits  in  the  market  or  in  the  streets  or  in  any 
public  part  of  the  city  or  suburbs  under  a  penalty  of 
five  shillings." 

On  the  14th  January,  1804,  an  indictment  is  made 
against  Pierre  Monjeon  and  Pierre  Courlois  for  assault- 
ing an  officer  of  Militia  in  the  execution  of  his  duty. 

On  the  11th  January,  1805,  several  persons  are  com- 
mitted for  riotous  and  disorderly  conduct. 

On  the  15th,  eight  old  contrymen  are  indicted  "  for  a 
conspiracy. 

On  January  11th,  1806,  three  Justices  sat  on  the 
Bench,  Alexander  Henry,  Frs.  Desrivieres  and  Jean 
Marie  Mondelet.  On  the  26th  April,  Beniah  G-ibb  is 
appointed  "one  of  the  assessors  of  the  city  of  Montreal." 

On  the  30th  April,  the  G-rand  Jury  gave  the  following 
presentment :  *'  For  several  years  past  great  numbers 
of  men  and  boys  have  been  in  the  habit  of  stripping 
themselves  naked  upon  the  beach  and  bathing  in  the 
river  during  the  summer  months,  between  the  lower 
corner  of  the  Barracks  and  the  upper  corner  of  Mr. 
Blondair's  Wharf.  That  this  practice  has  not  been 
confined  to  the  dark  of  the  evening  or  to  an  early  hour 
of  the  morning,  but  following  at  every  hour  of  the  day 
to  the  great  scandal  of  His  Majesty's  well  disposed  sub- 
jects and  the  female  sex,  whose  houses  front  the  river 
or  who  may  be  inclined  to  enjoy  the  benefit  of  a  walk 
and  the  fresh  air  in  the  evening.    The  Grand  Jury 


MONTREAL  PRISON  253 


represent  the  above  practice  as  a  public  nuisance  which 
ought  to  be  repressed  as  tending  to  shock  the  delicacy 
of  the  female  character  in  particular,  and  to  affect  the 
morals  of  youth  in  general,  &c.,  &c." 

Another  part  of  their  presentment  is  against  three 
places  of  danger  from  their  decay :  the  first,  an  old 
house  on  St.  Paul  Street,  the  second,  the  inner  part  of 
the  arch  of  the  Recollet  Grata,  and  the  third,  the  garden 
wall  of  the  Eev.  Father  Recollets  on  St.  Peter  Street 
"  from  its  corner  on  Notre  Dame  Street  down  to  the  first 
house  on  same  side  St.  Peter  Street."  The  Court  orders 
that  all  should  be  attended  to  and  for  the  bathing, 
orders,  "  no  person  shall  from  henceforth  bathe  in  any 
part  of  the  river  thereof  opposite  to  the  lower  town 
mill  and  the  bakehouse  of  the  late  Captain  Grant,  be- 
low the  Barracks  under  a  penalty  of  five  shillings. 

This  year  finishes  with  a  ferry  licensed  "between  Ri- 
vier  des  Prairies  to  the  Isle  Jesus." 

On  the  Court  opening  January  10th,  1807,  there 
were  present  Justices  Alex.  Henry,  Jas.  Hughes,  Louis 
Chaboillez,  Jean  Marie  Mondelet,  Thos.  Barron,  fore- 
man of  the  G-rand  Jury,  Andr6  KoUmyer  is  appointed 
Town  Crier  on  the  ITth,  in  the  room  and  place  of  Jacob 
Kulm. 

On  the  Court  opening  11th  January,  1808,  there 
were  present  all  new  Justices,  viz.  :  J.  Bte.  Duro- 
cher,  Frs.  RoUand,  Etienne  St.  Dizier  and  John  Bou- 
thillier. 

The  rest  of  the  year  and  indeed  all  these  years  in 


254  HISTORY  OF  THE 

this  Court  are  taken  up  with  assault  and  battery  cases, 
ferries  and  proces  verbals. 

10th  January,  1809,  three  of  the  same  Justices  meet : 
J.  Bte.    Lefebvre    being    foreman    of    Grand    Jury 
"Wm.    "Wragg,     Francis    Decary,    Duncan    Cameron, 
and   Aug.    Cardinal,  jurors,   are    all    fined    for    non 
attendance. 

The  first  instance  of  a  woman  being  whipped  is 
when  on  the  18th  July,  1809,  Frs.  Desrivi6res,  J.  M- 
Mondelet  and  L.  Chaboillez  sentenced  Maria  Nel" 
son  and  Margaret  Morgan  for  •'  being  idle  loose  and 
disorderly  women,  &c."  "  It  is  ordered  and  adjudged 
that  (they)  be  both  committed  to  the  H.  of  C.  curing 
the  space  of  six  months,  with  hard  labor,  '^-i.?  Court 
do  further  order  and  adjudge  that  tha  3aid  M.  >.':ion 

do  on  her  entry  in  the  yard  of  H.  of  0.  ree>-iv  'ty- 

five  stripes  on  her  naked  back  for  a  conteiu^  ^*j 

said  Court."  At  the  General  Sessions,  holden  ^  ji-, 
1809,  on  the  presentment  of  the  Grand  Jury,  I  find  the 
following  :  "  That  the  gate  leading  to  the  city  from  the 
suburbs  of  St.  Mary,  commonly  called  and  known  by 
the  name  of  the  Quebec  Gate,  is  rapidly  going  to  decay, 
part  of  the  stones  of  the  pediment  are  already  fallen 
down,  others  are  loose  and  dangerous,  the  mortar  and 
some  of  the  small  stones  of  the  inner  segment  are  also 
coming  down,  and  it  is  in  that  delapidated  state  as  will 
render  it  perilous  to  the  safety  of  His  Majesty's  subjects 
on  their  passage  to  and  from  the  city." 

The  Court  ordered  a  copy  to  be  sent  to  His  Excel- 
lency the  Governor  in  Chief. 


MONTREAL  PRISON  255 


Among  the  Jurors  in  a  case  of  Petit  Larcery  are  the 
names  of  John  Geo.  Idler,  John  King  and  Jonathan 
Bheinhardt. 

"When  the  Court  of  General  Sessions  opened  10th 
January,  1810,  there  were  present  A.  Henry,  Frs.  Hol- 
land and  J.  P.  Leprohon  as  Justices.  Robt.  McKenzie 
being  foreman  of  the  Grand  Jury.  The  rest  of  the 
year  is  made  up  of  the  usual  assault  and  battery  cases 
and  proces  verbals  and  rules  and  regulations  for  Police, 
markets,  &c.,  &c. 

Here  is  the  beginning  of  the  Court  King's  Bench 
Minutes  of  His  Majesty's  Court  King's  Bench,  Montreal. 

It  opens  on  Wednesday,  1st  September,  1802,  and 
there  were  present :  Honorable  Chief  Justice  Monk, 
Mr.  Justice  Panet,  Mr.  Justice  Davidson. 

The  first  case  tried  is  an  indictment  for  conspiracy. 
Andrew  Jackson  for  persuading  and  enticing  a  soldier 
to  desert  receives  this  sentence.  "  Two  months  in 
prison"  and  "  also  that  he  stand  in  and  upon  the  Pillory 
in  the  Market  of  Montreal  for  the  space  of  one  hour, 
from  10  to  11  o'clock,  on  Friday,  the  24th  day  of  Sep- 
tember next." 

The  Grand  Jury  in  their  presentment  state  having 
visited  the  Gaol  and  find  it  "  totally  inadequate  to  the 
purposes  of  a  Gaol,  inasmuch  as  prisoners  cannot  be 
kept  therein  without  the  most  vigilant  attention  of  a, 
military  guard." 


256  HISTORY  OF  THE 


The  principal  item  was  the  first  murder  case, 
in  the  history  of  Montreal ;  Dominus  Rex  rs.  Ignace 
Vaillancourt.  A  jury  of  twelve  French  Canadians 
was  empannelled  and  the  Attorney  General  opened 
the  case  and  examined  the  witnesses.  After  the 
return  of  the  jury  into  Court  by  their  foreman, 
Antoine  Desloriers,  the  prisoner  is  declared  guilty  and 
the  Court  pronounced  the  following  sentence  :  "  That 
the  prisoner  be  taken  from  hence  to  the  Common  Gaol 
of  the  District  from  whence  he  came  and  from  thence  the 
day  after  to  morrow,  that  is  to  say,  on  the  ninth  day  of 
March  instant,  to  the  common  place  of  execution,  and 
that  he  then  and  there  be  hanged  by  the  neck  till  he  be 
dead,  and  that  his  body  immediately  afterwards  be  de- 
livered  to  Charles  Blake,  Esq..  of  Montreal.  Surgeon,  to 
be  diaseited  and  anatomized/" 

On  Im  S<eptember.  1808.  Kphraim  Whitesid**  for 
burglary,  ia  ordered  to  be  hanged  on  the  «$Oth  day  of 
September. 

For  two  coaTKtKmn  of  petty  liurcs«ry.  J.  Bt«.  Coa*- 
tjMt  iMMiMi  x\am  mtktmm^  ''  ImprumiiBMnt  kn  wti 
■KNitlMi  m  tfep  H.  of  C  To  Ktaau  on  th**  pillory  fvsm 
iMWaftd  rii«B  and  ;h«T«  mM^iro  thirty-niB>?  smpm  on 
tk»  wkM.  Httrk  vtA  tliftt  on  \)»  l7th  <  Wtohi»r  im>xi,  }m 
\m  tiMi  talBW  to  tk»  {MiUMrjr  on  \^  MArkvt  pUm«>  «jim»- 
aiA.  tati  Aw*  mmivm  ^Mn^-^xtm  ^ffxvgm  mm^.  mm!  at 
%%m  wplMtlMi  «f  ^km  ateHMi  wwr}«fiiiiB«itt  h«  \»  ii*. 


MONTPEAL  PRISON  257 

be  remanded  to  the  Temporary  Gaol  of  this  District 
there  to  remain  imprisoned  until  Friday  next,  and  that 
then  he  be  taken  and  placed  in  and  upon  the  pillory  on 
the  open  Market  of  Montreal,  and  there  remain  for  the 
space  of  one  hour  between  the  hours  of  ten  and  eleven 
o'clock  in  the  forenoon,  and  that  he  be  then  discharged." 

There  are  no  more  records  of  the  Court  of  Kling's 
Bench  till  March  1812.  The  following  memo  on  the 
front  leaf  of  the  volume  which  begins  at  this  date 
states.  "All  the  registers  and  records  of  this  Court 
previous  to  this  date  (with  the  exception  of  that  from 
September  1802  to  September  1803  inclusively)  were 
destroyed  by  fire  on  the  occasion  of  the  burning  of  the 
Court  House,  on  the  18th  July  1844. 

Montreal,  19th  July,  1844. 

J.  M.  Delisle. 

Clerk  of  the  Crown 

<>n  th*»  2nd  March.  1812,  the  Jnsticas  present  were  : 
!%«  Chief  Juntiee,  Mr.  Ju»tk«  Panet.  Mr.  Juftic«  Ofden. 
Mr.  Jnstk^  Eeid. 

I  will  now  fi%'«  the  principal  eTenti  of  the  Court  of 
Kmf  ■  and  Qne€n  •  Bench  in  a  tabulated  foim  and  in 
chnmolof!cai  order  b<»jg:ianinf  at  A.  D.  \%\t  to  the  pr«- 
•tnt  day 

tttS    AfMi 


258  HISTORY  OF  THE 


1814    Biarchterm  D.  Curran,  murder,  is  hanged  and  "  that  his  body  be  delive- 
red by  the  sheriff  of  the  district  to  George  Selby.  Esqr  of 
the  City  of  Montreal  surgeon  for  the  purpose  of  dissection 
conformable  to  law." 
J.  B.  Potviu,  petit  larceny,  39  lashes. 
M.  Williams,  Highway  robbery,  to  be  banged,  executed. 
Lot.  Gray,  stealing,  to  be  hanged,  executed. 
Sept.  term    Roger  Hallan,  rape,  to  be  hanged,  executed. 
181;*    March  term  A.  Pelletier,  theft,  39  lashes  and  branded  on  the  hand. 
D.  Emmanuel,  horse  stealing,  to  be  hangi'd,  executed. 
Sept.  term   J.  Raymond,  stealing,  39  lashes. 
A.  liatulipjie,  larceny,  39  lashes. 
L.  Fortin,  horse  stealing,  to  be  hanged,  executed 
W.  Leopard,  larceny,  to  be  hanged,  executed. 
Jos.  Wilson,  shoplifting,  to  be  banged,  executed. 
<3eo.  Cross,  burglary,  to  be  hanged,  executed. 
J.  Roy,  burglary,  to  he  hanged,  executed. 
J.  B.  Robillanl,  horse  stealing,  to  be  hanged,  executed. 
181<?    Sept.  term  Jos.  Quinn,  {letty  larceny.  39  la«bes  and  12  months. 
Joseph  Barbeau,  stealing,  to  be  hange«l,  executed. 
Pifrre  Come,  receiving  stolen  goods, pillory  k  «J  months  H.  of  C. 
J.  Koosseau,  petty  Un-eny,  39  lashes  and  18  months. 
L.  Lavigne,  {x'tty  larceny,  89  lashes  and  18  months. 
Iil7    8*pt.  t<>nn  Fn.  Oendrtm.  nwrilege,  to  he  hangiMt,  <'XM'uted. 

Joaepte  l>>Brien,  borne  fitetUtng,  t'O  be  hangini,  executed. 

And  nro  other  men,  xanie  cnm**.  to  \iif  YuMffni,  do 

itll    MMeh  terw,     L.  Bmirguigiiiiii,  grand  Unfuy,  to  lie  hauire<l,  but  prftys 

fee  ?*V  befiHit  nf  c|<>tKy,  whirh  heuiK  lUknred  him  bjr 

t^       at,  he  IN  wnU-Mcwl  fiir  2  y»*iUT»  Hnum  of  Corrnrtioti . 

M.  k.i.^.«ie,  stetiiiUK  iMMii  «  dwelhug  Imhhi-,  \a  hr  hsnfsd. 


Maf  n  JmWS  NmI?,  twmnlsi?.  U>  \-   Iimi||m(,  rxm-nt#d 

fAmumi  Hurk,  kmK^mj,  to  Iw  hwnpd,  «sw*M«d 


lait  Im  i» 


ti 

.  I 


MONTREAL  PRISON  269 


Dec.  9  J.  Menard,  horse  stealing,  38  lashes  and  3  years  in  Hoiu3 

of  Correction. 

No  record  of  1820  can  be  found. 

1821  Oct.  15  J.  Gondreau,  fr'ony,  39  lashes  and  3  months. 

Oct.  25  Ciistley  HuF,  manslaughter,  branded  in  the    hand   and  6 

months. 
Oct.  30  P.  Bourgoiu,  hoiw  stealing,  to   be  hanged,  pardoned    by 

the  King. 
J.  B.  Bourgoin,  hoitte  stealing,  to  be  hanged,  |)ardoued  b^ 

the  King. 
Two  men  Lauzon  and  Beaudry,  petty  laacery,  39  lashes  and 
6  months. 
KoT.  7  T.  Burk,  arson,  to  be  hanged,  pardoned  by  the  King. 

Jii.  Wightman,  arson,  to  be  hanged  pardoned  by  the  King. 
N.  Gauson,  forged  bills,  to  be  hanged,  executed. 
A.  JetTreys,  forged  bills,  to  be  hanged,  executed. 

1822  Feb.  21  J.Smith,  stealing,  39  lash«i  and  3  months. 

March  15       E.  Gilley,  horse  stealing,   to  be  liauged,  commuted  U>  6 
mmths. 

i.  Lambert,  stealing  fowls,  39  lashes  and  6  montha, 
April  Iff         W.  W.  Miller,  bur{^r>-,  to  Ite  hangetl,  transported  from  th« 

Pronnc-e. 
April  8         J.  Ouimet,  pett}'  lan><Miy,  pillnrv'  and  3  monthn. 

N.  Blai'k.  mnrder,  to  be  bumeil  \\\  Uie  hand. 

J.  i<am,  murder,  lo  lie  burned  in  Mm  hand. 
June  29         G.  8eylar,  and  an.iUter  stealing,  to  t«  haoged,  raapitod. 
Juljr  23  J.  Clap,  slieep  i^altiig,  tt>  lie  hanged,  rrapited. 

A^.  ft  J    Lame,  nhaqi  stealing,  to  he  haageil,  12  nixmUw. 

■•{rt.  S  Pr.  Lantben,  liof»e  •tt'aling,  tn  ft*  hMified,  mapited. 

y«t.  •  J  .  Hurtl,  l>urglal>,  t4>  Im-  |iaU|fr.t,  l«'«pitnt. 

J    RrMihant,  buiglarv,  ti>  he  itaun^l,  rMfMtod. 

Jaa.  Hkmmmt,  tlealiuf  •  bwk,  it  tMriH%  IS  i 

til 

Vm    Jm  It        fhw  BHi.  1»  iMN^Wf  H  UMm  ■mm  ■iiate  I .  ttuw 


260  HISTORY  OF  THE 


Aug.  16      W.  Daely,  murder,  to  be  burned  in  the  hand  and  6  months. 

30      Robert.  Blair,  manslaughter,  to  be  burned  in  the  hand  and 

6  months. 
Oct.  28        R.  Chambers,  murder,  to  be  hanged,  transported. 

1824  Jan.  16       M.  Giroux,  rape,  to  be  hanged,  transported. 

19       Jos.  Leger,  murder,  to  be  hanged,  respited. 

J.  Mongeon,  sheep  stealing,  to  be  hanged,  respited. 
J.  B.  Verdun,  burglary,  to  be  hanged,  respited. 
28        John  J.  Prime,  horse  stealing,  to' be  hanged,  respited. 
July    7        Frs.  Monceau,  stealing  silver  watch,  to  be  hanged,  6  year? 

to  Quel)ec. 
Uept.  lU      J.  B.  Belair,  steaUug  silver  watcli,  to  be  bmiied  in  tlie  humi. 
26       X.  Casavant,  sheep  steaUug,  to  be  Imitged,  King's  pardon. 
29      Joe.  Bellerose,  burglary,  to  b<'  hanged,  executed. 
J.  B.  Delenelle,  burglary,  to  be  banged,  executed. 
Chs.  Lauzon,  burglary,  to  be  hanged,  eitcaped. 
Oct.  18        J.  Potvin,  sheep  stealing,  to  lie  luuiged,  pardoned. 
Dec.  4       Jacob  Dogluirty,  forged  bills,  pillory  and  1  year. 

1825  Jan.    7        E.  Hurd«  forgery  impleuieuta,  to  be  h^uiged,  nardomHl, 

17        J.  Belauger,  nheep  Mtealiiig,  t/)  be  liangmt,  [lardoiu^. 
Maich  1      J.  B,  ('artier,  \mA  Frenrh  Cniwn,  pill«r>'  mikI  1  year- 

P.  Uetuii>,  home  it4*aliii|{,  Ui  \»  huifed,  |jar*ton<«a  by  Oovem* 
nieiit. 
July  11        Rin   LaUHtr,  Nt#-iilui|{,  to  Iw  tuuigett,  wt{*\M. 

m       Aug.  Mrjrin,  betm  tteiliuif,  t<i  lif  tuuifi^  nmylM. 
Aug.  27       i»>  ih<-i-w<Mid,  but<Kijiry,  U>  t*-  tuutifMl,  jm 

Mamm  iLuttnmtt  iHuyUry,  u>  bf  luiii|^  {■ 
On.  10       K.  fmmm,  Mwy.  to  !»  bMtf^i.  {wiiiwir;. 
Dm-.  14      Al< «   Rt^iiiHt*.,  0bmAitii§  hmm,  k*-.,  Ut  (»  k« 


wWtm     W/r  ^^Bf 


MONTREAL  PRISON  26i 


Sept.  9      J.  B.  Mousseau.  grand  larceny,  "  to  be  whipt  39  lashes  on  the 
naked  back  by  the  hands  of  the  common  hangman  on  the 
public  market  place  of  this  city." 
J.  Bouthillier,  stealing  £15,  to  be  hangeil,  executed. 

Js  Learv^  I  ™*DS^*"ght6r.  to  be  hanged,  they  plead  the  bene- 
fit of  Clery  which  was  granted  and  they  were  sent  6 
months  to  jail. 
L.  Masse,  robbery,  to  be  hanged,  executed. 
P.  Duplessis,  stealing  a  mare,  to  be  hanged,  pardoned  by 
Gov.  Kempt. 
1828    Jan.  10      Anson  Church,  burglary,  to  be  hanged,  1  year  in  gaol. 

Biaaou,  uttering  counterieit  money,  1  year  in  gaol  and  pillory. 
M.  Tough,  enticing  solditTs  to  desert,  I  year  in  gaol  and 
pillory. 
18S9    Jan.    2       Kimball,  horw  Htealing.  to  be  hangi'tl,  {lardoned. 

Hix  men  for  sacnlege,  two  to  be  luuiged,  4  discliarged. 
Judith  Couture,  murdering  Iut  5  children,  to  be  hangmi 
n-prjevi'd. 
fn.  tt       B.  Davu,  uttvnng  Iwii  tuouey,  3  mnathn  in  gad  and  piUoryl 
Aug.  14  4  Thn^  loMi,  atnihug  an  ox,  to  lie  luuigPil,  PSH^ted. 
May  3]         A  nuuif  Hmiip  ateiUuig,  to  br  tuuigr«l,  pairdaotHl  liy  Qov.  Knapt. 
H«>pt.  12      J .  (indiit,  nhM-iiKtMiling,  Ut  Ijf  tuui|{i>d,  |«nkiiM^  t^  Gt  .  Kitnpt. 
(Jtt.  37        Two  mru,  utmlum,  to  Sw  haa|(mi,12  lumitlia  jpoj.  Ttirrw  mra, 
90       hMW  ^miin$t  te  N-  haufwl,  mmmmtmk  M  tMimaminent. 
P.  LmIv^«  iteaUBg  ■  'tnr,  to  far  hiapil,  injinMittaral . 
Ow.  S        f .  foMkl,  t">"*Nf  ^t  FmM!li  Gievw,  u>  iHuid  <in  t^  fiiibaf . 
•        Tm  mmmi,  Immw  «lMltim,  to  In  haifMl.   |t1bwi<  to  i  jmm 
»n«u) 
J«ty  U        Marr  M<  JiM^tim,  M>iMm,  i«  fat  llMip^  pMinM  bf  tt» 


IM.  ti 
14 


18 

Oct, 

,  9 

Jan. 

10 

March  SO 

Jan. 

2 

7 

19 

262 


HISTORY  OF  THE 


1882    Feb.  15 
March  1 
Dec.  25 

1888    ApiillS 
26 
July  20 
Deb.  U 

1834    Jan. 10 

iau.  30 
July  12 
1885    MMfhS 
18S«    Feb.  2 
Miirch  11 


lUrchSy 
lUnhSO 


July  29 

Aim;.  1.1 
Ai«.  IB 

flwt.  18 


0«.f 

Sot  B 


i«ir« 


Two  men,  grand  larceny,  to  be  hanged,  1  year  in  gaol. 
F.  La  verdure  Jc  M.  Foumier,  robbery,  to  be  hanged,  respited. 
Chas.  Gkignon,  murder,  to  be  hanged,  executed. 
Adolphus  Dewey,  murder  of  wife,  to  be  hanged,  executed. 
Jos.  Aaselin,  larceny,  transported  escaped. 
Geo.  Burt,  bad  |10  bill,  imprisonment  and  pillory. 
T.  Lanauvite,  burglary,  to  be  hanged,   discharged  by  the 

Kings  pardon. 
E.  Fermaine,  burglary,  to  be  hanged,  pardoned  with  condi- 
tion to  transport  himself  out  of  the  Province. 
McLaue,  burglary,  to  be  hanged,  broke  jail  aud  eucapeti. 
L.  G.  Lnrrue,  forgery,  to  >«  hanged,  liberated. 
B.  \jf\jfM\,  honie  stealing,  to  be  hanged,  commuted. 
N.  Gauthier,  horse  stea'ing,  to  be  hanged,  1  year  in  jail. 
J.  B.  Moreou,  hor«e  Htealiug,   to  lie  hanged,  imphsmcuunt  1 
year. 
F.  Ranachagrin,  hc»w  stealing,  liailed. 
T.  LauneviUi-,  burglar>',  to  be  hanged  executed. 
Pii-nnl,  Audy  aiui  Tnmatlie,  hui^j^n-,  t<>  be  hanged,  broke 

gaol  and  ewaped    Picsifii  waw  reiraptunHl  xaA  banged. 
J .  B.  Toamlie,  larceny,  ti/  be  hanged,  iio  m-ord. 
L.  (ligUMv,  fattpr^,  tn  be  hatigrd,  ito  re«xird. 
L.  Guatbter.  lan-rny,  Ut  tie  haunMl,  tnuMportad. 
(«.  CharH  and  J.   BMiianI,  larreny,  to  br  haofed,  OuvHt 
broke  jail  and  t^afiMl  and  Banurd  truuportfd  for  life. 
i .  IMkttr  aud  J   G*«iiaii,  imiglitn ,  u<  b*>  h«tt||r*i ,  tnatpwrtMi 
fvlitr 

W.  ft.  Wmm,  tamtfMnr.  ta  hi>  fe«mHl,  eiM|Mnitf  Ihr  7  fmm, 

r.  \mt\m,  ftml  a  Iwm.  t»  \m  tmyit.  <fiiii|iiiil  tm  life. 

K.  ■■iin.  AiyiiiiiMiig.>i  h»  Ii^i4  t  — Ifciiijiii. 
S.  UrfiinkitHAm •  «3a«,  «•  W hi«p< t MBlliiB ^. 

fHHiHMlllf  Omt 

1^  A.  tiMk  V.  ymniiwii,  ton  wf,  i*  te.  taawM,  bM#»|«i 


MONTREAL  PRISON  263 

I  will  give  one  example  of  the  order  which  the  mili- 
tary authorities  issued  for  the  punishment  of  desertion 
and  that  will  serve  for  all. 

"  Sentence  awarded  against  private  Christ.  Smith  no. 
948  of  the  43  Eegt. 

"  To  be  transported  as  a  Felon  for  the  term  of  14 
years  and  further  to  be  marked  with  the  letter  D  in 
the  manner  prescribed  in  the  mutiny  act. 

N.  Booth,  L.  Col.  43  Regt. 

Ghambly,  Lower  Canada.  9  May  1838. 

On  the  16  May  the  following  paper  clearly  shows 
that  the  soldiers  of  Her  Majesty  then  stationed  in  the 
Montreal  district  were  continnally  on  the  part  of  some 
of  them  trying  to  e«cai>e  or  desert. 

Town  MAJOBi}  office.   Montreal  15  May  1838. 
Mr.  Wasd 

Will  have  Ui<>  gooduMM  to  rM«iTit  from  the  officer  of 
the  34  Rsft.  14  snidtffrs  diHwrten  und#r  i«nt«iice  of 
tnuisporta^ioQ  and  I  irfiall  be  tl  the  gM>l  this  evening 
•Bd  will  tafora  Mr   Wa»d  wiMt  w  to  be  done  with  th« 


CdliB  McDoAai4  Tows  M^or." 
Oft  tiMi  U  Jntf.  \)xTm  aelditfrs   are  wmtlmmmA   tli«0 


tiMe  itnrwt  14  |^«ni  t 
HUi«irv  TuMlai  tl  f  «••«  i 
Ulm  M  Millet.  SI  ^Mf*  t 


264  HISTORY  OF  THE 


This  is  signed  by  G.  A.  Wetherail  Lieut.  Col.  com- 
manding officer  of  the  2  Battalion  "  The  Royal" 

On  the  same  day  as  the  above  Henry  Fisher  for 
desertion  was  sentenced  to  transportation  "for  the  period 
of  his  natural  life."  He  was  of  the  71st,  Regt. 

Thos.  Sutherland,  for  "  Desertion  "  of  the  same  corps 
received  the  same  sentence  and  G-eorge  Connolly  also 
of  the  71st.  Regt.  for  the  same  crime  •'  Disertion  "  was 
prmshed  "  as  a  felon  (transported)  for  his  natural  life." 

Again  on  the  3rd.  Augt.  I  find  five  soldiers  of  the 
7l8t.  Regt.  committed  by  Lieut.  Col.  G-rey,  and  all  sen- 
tenced to  transportation  for  14  years,  for  "  Desertion." 
I  find  also  at  this  time  many  commitments  for  "  aiding 
and  abetting  soldiers  to  desert" 

On  the  19th  Augt.  Mag.  8t.  Claire  for  "  larceny  "  was 
M«nt«nc«d  to  be  hanged  and  pardoned  by  the 
Governor  On  the  24th  another  for  tb«*  same  offence 
l*rG«iiy,  r«o«iv*d  the  Oi>venior't  pardon  afU  Heing  sen- 
tenc«d  to  be  hanged. 

On  ^  9rd.  Sift  1S8H  J  Ifal^iwaoii  for  hmmrWrm  and 
fi^lisftf  his  kit  raatiyd  -  tranaportstion  for  14  fM»  a&d 
to  be  brand  M  i^il  ferthiir  to  Imi  aurki»d  with  the  Unrtm' 
0  '  .'<*»iEii<>  <Uv  P^rtAf  K«ilv.  tama  enia«  dMN^rtion 
MWiv«4  7  )raari  sad  tlM  mark  I>  %imm  day  Thot 
6MFly  TtiM  Fnuieia  mmi  Pat.  M.  Ummtk^  aana  et:«a 
Umm^\fm  tmwnk  mA  t4  faaia  asi  i0  irkii  ^ 
'nm  "mmt  I  liifii  ••  tit  ym  ligt  *•  iiHr  t«» 


MONTREAL  PRISON  266 


Oa  May  1839,  no  l^^ss  than  24  soldiers  are  com- 
mitted for  desertion,  by  orderof  the  Town  Major,  five 
■were  discharged  the  rt^mainder  were  transported.  These 
men^belonged  to  the  85th  and  34th  Regiments. 

Again  on  the  14th  of  the  month  eight  soldiers  are 
committed  on  same  order  as  above  of  the  same  Regts. 
and  all  were  transported" for  desertion.  On  the  30th 
May,  two  soldiers  of  the  73rd.  Regt.  are  transported  for 
de6ertion,and  on  the  4th  July  fire  more  are  transported 
for  the  same  crime  belonging  to  the  Both  and 
32nd.  Regiments.  Two  men  are  committed  by  Lieat. 
Maclachan  R.  A.  tor  desertion  and  transported  on  the 
8l8t.  July. 

Daring  the  month  of  Aagt.  and  to  the  close  of  the 
year  fifteen  more  soldiers  are  transported   for  deser^ 

tioD. 

« 

UUO    Jan.   1£  kof,.  Lt^Kbrn*,  luNHKbrMkinn,  to  br  \iam^\,  rMfMtMl. 

AfMil  14  hr%M^  Williamii,  inonlrr,  t/i  br  hang^l.  r*>it{Mt«d. 

ka^  .11  Joa   t>iiin)iiMh>^>)i,  tuunirr,  lo  b«  hjtnif fl,  tnuM.  lor  lifc. 

1841     Jan.   23  J(Ni.  Paul,  imt^Hf,  4  utHittur  III  ipMul. 

I94S     llaf<rti  7  Kwlcrl    Wkit*-,  7i(li  KripWKnt,  <liHarm<rm,  Uwaipaftad  far 

tm%.  V  Uj.   3anm\BL,   mhIii,  S  fn««  ti|)W— iaaat,  ^mnmn  itw 

SMI    Sa>A  I  H,  Ohhpm.  mmidft,  ^  ta*  hmnyil  •'■fw^MMl. 

Ml    My  4  i..  Wimiwr.  mmrimt,  7  ymtm  f  P 


266 


HISTORY  OF  THE 


18SS 

1854    July  6 

]Vov.  4 
-1855    Feb.  20 
March  18 
Jaly  15 

1857    July  15 

May  17 

,1858    Jan.  16 

Jan.   26 

June  21 

Oct.  3 

M859    IWarch  7 

9 

1860  Nov.  16 

1861  Feb.  4 
March  5 
April  5 

C 
May  9 

Nov.  5 

1862  July  11 
D.H;.  10 

IMS    F«-b.  % 
M 


Jm.  5 
JmwI) 


Two  murderers  sent  this  year  to  the  Lunatic  Asylum,  nine 

men  hoi-sestealing,  sent  to  P.  P. 
Mag.  Doherty,  died  of  cholera,  first  instance. 
I.  B,  Bertrand,Highway  Robbery. sent  to  Lunatic  Ass. 
Wm  Gray,  murder,  to  be  hanged,  pardoned. 
Wm  Buchanan,  horsesteal'ng,  sent  to  Lunatic  Asylum. 
Chs.  Durrand,  arson,  7  years  P.  P. 
En.  Durocher    do  do 

Jos,  Maroony,  felony.  5  years  P.P. 
Fer.  Sperando,  sacrilege,  5  years  P.  P. 
Wm  Jones,  murder,  to  be  hanged,  sent  to  P.  P.  for  life. 
A.  Am.  Crispin,  murder,  executed. 
J.  B.  Desforges,  murder,  to  be  hanged,  executed. 
J.  W.  Horoett,  murder,  to  be  hanged,  sent  to  P.  P.  for  life. 
Wm.  Lee,  attempted  murder,  to  be  hanged,  14  years  P.  P. 
Ja«.  Thompson,  felony,    14  years  P.  P. 
J.  B.  Beauregard,  murder,  to  be  hanged,  executed. 
Cath.  McDonald,  robbery,    7  years  P.  P. 
O.  Leduc,  horse  stealing,  to  b«?  hanged,  5  yean  P.  P. 
J^ase  Patterson,  murder,  to  be  hanged,  reprieved. 
F.  Warren,  wounding,  &c.,    5  years  P.  P. 
P.  DcUiC-ra,  arson,   5  ytarb  P.  P. 
Mary  Webnter,  murder,  to  be  hanged,  5  years  R.  P. 
Alex.  Buriu,  murder,  to  be  hanged,  executed. 
Thos.  Milffs,  murder,  to  be  hanxed,  P.  P.  for  Hfe. 
John  Mawn,  murder,  to  be  haugH«i,  executed. 
John  Gn»u,  16th   Reg't,   murder,  to  be  banged,  10  yean 

pttiitl  ■nritotk. 
Jaa.  EiBfpky,  a  M^dier,  dmuk,  kc,  4  yean  penal  wrvitiide. 
M.  Wklafa,  violeoor,  hv..,   tnuutported  fnr  life. 
/<ihn  (yNdl,  vioieiioe,   S  fcan  p«nal  wrvitode. 
D.  Fiveman,  ealuting  far  U.  8.  army,  fiiM  $380. 
L.  Uarmiu,  nnrdrr,  to  be  h»a^i,  ♦■aecaUai. 
KifUmn  Feuuuui,  frkmy,  diachaffed. 


Tiieir  DMDf  •  are  : 


fatty,  af  Haw 
HaniU, 


V-^mm  ,  ii|w:ifri  rriMtrf 


MONTREAL  PRISON 


267 


£d.  Jarvis,  desertion,  672  days  Common  Gkiol. 
Jas.  Mack,  murder,  to  be  hanged,  executed. 
G.  Wilson,  murder,   imprisonment  for  lile. 
Thomas  Hombword,  firing  a  loaded  rifie, imprisonment  for  lite. 
Maurice  Blake,  murder,  to  be  hanged,  P.  P.  for  life. 
P.  Goulet,  horse  stealing,   5  years  P.  P. 
Two  Girls,  steahug  an  apple,  3  weeks  in  Common  Gaol. 
Filion,  liighway  robbery,   10  years  P.  P. 
Jos.  Guay,  horse  stealing,    5  years  P.  P 
Jas.  Moore,  a  Fenian,    entering  Quebt .    Titli  intent   to  levy 

war,  discharged. 
Thomas  St.  Jean,  burglary,    5  years  P.  P. 
John  Lee,  murder,  to  be  hanged,  executed. 
Nothing  of  importance. 

F.  Armstead,  causing  bodily  harm,  6  years  P.  P. 
Henry  Agnew ,  manslaughter,    7  years  P.  P. 

D.  Chatiguay,  rape,    10  years  P.  P. 
A.  8an3l'a<;ou,  larceny,  5  years  P.  P. 

G.  Laugiois,  horse  steaUng,  5  years  P.  P. 

Ed.  Pesaut,  demaudiug  mouey,&c.,  5  years  P.  P. 
Jos.  Neron,  bigamy,  5  years  P.  P. 
Jas.  Irvine,  shfiotiug,  &c.,  5  years  P.  P. 
M.  Uuell^tte,  rnjie,  for  natural  life. 
D.  Bouiu,  rape,  to  be  hanged,  for  life. 
P.  Heunessy,  titealmg,  5  years  P.  P. 
Susan  Keuue<ly,  murder,  to  be  hanged,  P.  P.  for  life- 
J .  Beaudry,  hone  steahu|^  0  yean  P.  F. 
W.  Heardou,  burglary,  5  years  P.  P. 
U.  M<;>ieil,  steahug,  6  yean*  P.  P. 
H.  Pi<»>tte,  krusuy,  It  years,  P.  P. 
M .  <  'haput,  burglary,  l>  yt-an  P.  P. 
A.  (iervaiit,  aawuilt,  etc.  7  yean  P.  P. 
C.  ComveKO,  kroeuy,  7  jrean  P.  P. 
MA.  i^MXt,  arwm,  7  ytam  P.  P. 
M.  Nurniau,  robbery,  5  yewii  P.  F. 
H.  Mnyvem,  warflir,  #>(4«cik«^ 
K.  Wilmni,  burglary,  6  y««n  P.   P 
C.  (:«tttn«,  \wim  •t««tiag,  h  yeus  P.  f. 
O.  iMufpniM,  mfir,  10  ycMi  P.  P. 
J   U>*jnipir,  mkhitf,  i  pmf  P.  P. 
imitm  tkm¥«i^  ■MWi>r,  i  JFHI*  f  P. 
J   Ptww%  mmm  tiagtta,  7  ytrnt?  P 
A  mm  Hiiltog  Mttm,  W  r^n  P.  P 
c  ■■■■wi%  imliii«.>i^iP.  P 

•  mmPP 


July  2 

3 

1867 

Dec.  27 

1868 

Feb.  11 

June  6 

Sept.  15 

19 

Nov.  3 

1869 

Jan.  18 

1870 

May  30 

1871 

March  16 

May  6 

1872-73-74 

1875 

April  6 

1876 

March  7 

June  30 

Aug.  18 

1877 

March  19 

Oct.  6 

1878 

Jan.  23 

Aphl2 

Oct.  a 

1879 

Jan. 18 

June  28 

Sept.  10 

31 

Dec.  4 

1880 

July  10 

AugHt  18 

SofH 

IMl 

JalyW 

31 

Apnl27 

Jaif  1« 

Amiptun 

Mi 

lUfriil 

Afvil  10 

Mftt 

Mm^.m 

M^t   4 

Oi*.  11 

XI 

Hn 

Jwiv  t 

268 


HISTORY  OF  THE 


1884 


8 

19 
March  10 
April  6 
June  25 
July  11 
23 
Sept.  3 
Oct.  31 
Feb.  16 
22 
ilarch  26 


27 
April  4 
May  9 
31 
AugstlS 
Oct.  27 
1886    Feb.  4 


6 
May  5 

19 
June  3 
17 
July  18 
Aug.  1 

3 

19 
Sept.  3 
Oct.  7 
Uov.  3 

13 
Dec.ift 

81 


J.  Hang,  larceny,  5  years  P.  P. 
T.  Milloy,  murder,  to  be  hf.nged,  executed. 
John  Clarke,  Larceny,  5  years  P.  P. 
Geo.  Prowse,  atuempt  to  murder,  5  years  P.  P. 
J.  6.  Dubois,  rape,  20  lashes  &  12  mouths. 
H.  Landry,  larceny,  5  years  P.  P. 
M.  Lamere,  stealing  post  letters,  8  years  P.  P. 
M.  Bergin,  larceny,  7  yeais  P.  P. 
L.  E.  Sanford,  obtaining  money  etc.,  5  years  P.  P. 
L.  Berthiaume,  stealing  a  mare,  5  years  P.  P. 
W.  Lalonde,stealing  mares,  7  years  P.  P. 
J.  Jordan,  larceny,  10  years  P.  P. 
W.  Jordan,  larceny,  7  years  P.  P. 
Geo.  Nelson,  larcsny,  8  years  P.  P. 
Nap.  J  "febyre,  larceny,  7  years  P.  P. 
C.  Duval,  larceny  in  a  church,  5  yers  P.  P. 
J.  Poitras,  stealing  trom  the  person,  7  years  P.  P. 
Jos.  Hogue,  larceny,  5  yeare  P.  P. 
Ed.  Dusureau,  larceny,  5  years  P.  P. 
W.  Harris,  burglary,  15  years  P.  P. 
W.  Brown,  burglary,  15  yeai-s  P.  P. 
Henry  Bloudin,  burgliuy,  15  years  P.  P. 
Henry  Howard,  burglary,  15  years  P.  P. 
P.  Monday,  burglary ,  6  years  P.  P. 
J.  Boissure,  stealing  in  a  church,  10  years  P.  P. 
N.  H.  Hall,  forgery,  12  years  P.  P. 
Jos.  Corriveau,  larceny,  7  years  P.  P. 
S.  Camfel,  rape,  7  years  P.  P. 
Joe.  Dunn,  larceny,  5  years  P.  P. 
L.  Marcil,  robbery,  7  years  P.  P. 
B.  Thompson,  robbery,  5  years  P.  P. 
John  Marks,  larceny,  5  years  P.  P. 
L.  Delaunier,  burglary,  6  years  P.  P. 
lliomas  Norman,  stealing,  7  years  P.  P. 
John  Bmgan,  arson,  7  years  P.  P. 
John  Kinsala,  burglary,  7  years  P.  P. 
0.  Cochue,  larceny,  5  years  P.  P. 
Wm.  Reddy,  highway  robbery,  6  years  P.  P. 


MONTREAL  PRISON  269- 


CHIMINAL  TABLE  FROM  A.D.  1812  TO  A.D.  1840— (28  Years), 

Sentenced  to  be  hanged 
Hanged.  but  Reprieved.  Total. 

Murder , 7 

Burglary 12  

Robbery 1  , 

Shoplifting 2  

Larceny 2  

Horse,  Cattle  h  Sheep  steahng  13  46 

Forgery , 1 

Sacrilege 2  

Arson 0  

High  Treason 12  

Rape 2  


4  

11 

39  

61 

15  

2  

18 

4 

23  

25 

46  

59 

9  

10 

2  

4 

4  

4 

93  

106 

2  

4 

54  239  298 


CRIMINAL  TABI>E  FROM  A.D.  1840  TO  A.D.  1886— (46  Ybaes). 

Skntbncbd  to  be  hanged 

Hanged.                 but  Reprieved.            Totau 

Murder 10  8  H 

Burglary 0  0  !....!!!.  0 

Robbery 0  0  0 

Shoplifting. 0  ,,..  o  # 

Larceny 0  ,,. \  ^ j 

Horse  stealing,  &c 0  0 

Forgery 0 0  ! 

Sacrilege..-,. 0  0 

Arson.,... 0  0 

Housebreaking 0  1  1 

Felony 0  2  9 

HighTreson. 0  0  0 

Rape 0  0  , 0 

10  12  9B 


KECORDER'S  COURT. 


Dronk  ahi>  vagrant. 

Number  of  arrests  in  each  year. 

18«4 «,602 

1866 6,727 

1866 6,897 

M«7 6,360 

IMS 7,022 

IWd 6,648 

1870* 6,810 

1871 7,781 

1872 7,676 

1878 8,668 

1874' 8,878 

1876 ,..,  6,288 

1876 3,b5« 

1877 2,499 

1878 2,679 

1879' 2,190 

1880 2,802 

1881    2,686 

I882j 8,014 

1888 2,809 

1884 8,698 

1886 8,221 


TaVERNM,    open    ok     SUNDAYS    OK 
AFTBR  HOURS. 


1864 204 

1866 98 

1866 136 

1867 H28 

1868... 99 

1869 10/ 

1870 16S 

1871 26 

1872 28 

1878 26 

1874 69 

1876 , 38 

1876 68 

1877 41 

1878 49 

1879 66 

1880 , 68 

1881 63 

1882 26 

1888 40 

1884 36 

1885 12 


CHIEF  OF  POLICE. 


KO.  or  ARftBSTS  IN  EACH  /RAR. 

Drunk. 

186 rrr. 4,175 

1«6« 4,876 

186S 4,274 

1669 4,200 

1870 4,684 

1872 6,277 

1878 6,666 

ll74 6,220 

1877 1,764 

1880 2,656 

1881 2,896 

1882 2,784 

1888 8,261 

1884 1,780 

1888 M92 


Drunk  and  disorderly. 


1865 722 

1866 938 

1868 888 

1869 776 

187i» 774 

1872 880 

1878 606 

1874 677 

1877 871 

1880 218 

1881 165 

1882 ...,. 298 

1883 268 

1384 298 

1886 228