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Full text of "A full account of the trial of James Suiter, Sen., William Suiter, Jun., & James Suiter, Jun. for the murder of Living Lane [microform] : with portraits of the three individuals and an account of the execution of William Suiter, and their three declarations"

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1^. 


IMAGE  EVALUATION 
TEST  TARGET  (MT-3) 


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WIUTII,N.Y  UStO 
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CIHM/ICMH 

Microfiche 

Series. 


CIHIVI/ICMH 
Collection  de 
microfiches. 


Canadian  Institute  for  Historical  Microreproductions  /  Institut  Canadian  da  microreproductions  liistoriquas 


vV 


Technical  and  Bibliographic  Notet/Notas  tachniquas  at  bibliographiquaa 


Tha  Inatituta  haa  attamptad  to  obtain  tha  baat 
original  copy  availabia  for  filming.  Faaturaa  of  thia 
copy  which  may  be  bibilographlcally  uniqua, 
which  may  altar  any  of  tha  Imagaa  in  tha 
raproduction,  or  which  may  significantly  changa 
tha  usual  mathod  of  filming,  ara  chacicad  b«.^^w. 


D 


D 


D 
D 


D 


Colourad  covara/ 
Couvartura  da  coulaur 


r~l   Covars  damagad/ 


Couvartura  andommag^a 

Covars  raatorad  and/or  laminatad/ 
Couvartura  rastaurte  at/ou  palllculAa 


□   Covar  titia  missing/ 
La 


titra  da  couvartura  manqua 

Colourad  mapa/ 

Cartaa  gtographlquas  an  coulaur 

Colourad  Ink  (l.a.  othar  than  blua  or  black)/ 
Encra  da  coulaur  (l.a.  autra  qua  blaua  ou  noira) 

Colourad  plataa  and/or  llluatratlona/ 
Planchas  at/ou  illustrationa  an  coulaur 


D 


Bound  with  othar  matariai/ 
RailA  avac  d'autraa  documonta 

Tight  binding  may  causa  ahadowa  or  distortion 
along  intarior  margin/ 

La  re  iiura  aarria  paut  cauaar  da  I'ombra  ou  da  la 
diatortion  la  long  da  la  marga  IntMaura 

Blank  laavaa  addad  during  rastoratlon  may 
appaar  within  tha  taxt.  Whanavar  possibia,  thasa 
hava  baan  omitted  from  filming/ 
11  se  peut  que  certaines  pagea  blanchaa  ajouttea 
lore  d'une  restauratlon  apparaiasant  dana  le  texte, 
mala,  loraqua  cela  Atait  poaaibia,  cea  pagea  n'ont 
paa  At*  filmtea. 

Additional  commenta:/ 
Commentalras  supplAmentairaa: 


The 
toti 


L'Inatitut  a  microfilm^  la  mailleur  exemplaire 
qu'ii  lui  a  At*  possible  de  se  procurer.  Les  dMails 
da  cat  axamplaira  qui  sent  peut-Atre  uniques  du 
point  de  vue  bibliographique,  qui  peuvent  modifier 
une  image  reproduite,  ou  qui  peuvent  exiger  une 
modification  dana  la  m^thoda  normale  de  fllmage 
sont  indiquAs  ci-dessous. 


I — I  Coloured  pagea/ 


D 


Pagee  de  couleur 

Pagea  damaged/ 
Pagea  endommagtea 

Pagea  raatorad  and/oi 

Pagea  reataurAaa  at/ou  palllculAee 

Pagea  diacolourad,  stained  or  foxe< 
Pagea  dteolor^ea,  tachetAes  ou  piquAea 

Pagea  detached/ 
Pagee  dAtachtes 

Showthrough> 
Tranaparenca 

Quality  ?f  prir 

Quality  inAgale  de  I'lmpreaaion 

Includea  aupplamentary  materii 
Comprend  du  material  aupplAmantaire 

Only  edition  available/ 
Seule  Mitlon  dlsponlble 


I — I  Pagea  damaged/ 

I — I  Pagea  raatorad  and/or  laminated/ 

rvj  Pagea  diacolourad,  stained  or  foxed/ 

I     I  Pagea  detached/ 

fVI  Showthrough/ 

I     I  Quality  of  print  variea/ 

I     I  Includea  aupplamentary  material/ 

I — I  Only  edition  available/ 


Pagee  wholly  or  partially  obacured  by  errata 
allpa,  tissuea,  etc.,  have  been  refllmed  to 
ensure  the  beet  possible  image/ 
Lea  pages  totalement  ou  pertlellement 
obacurcies  par  un  feuillet  d'errata,  une  pelure, 
etc.,  ont  ttt  filmtee  A  nouveau  de  fapon  i 
obtenir  la  meilleure  Image  poealble. 


The 
pos 
oft 
film 


Ori( 
beg 
the 
sloi 
oth 
firsi 
sloi 
or  I 


Th« 
aha 
TIN 
whi 

Mai 
dift 
antl 
bed 
rigl 
req 
me 


Thia  item  ia  filmed  at  the  reduction  ratio  checked  below/ 

Ce  document  eat  film*  au  taux  de  rMuctlon  indlquA  ci-deaaoua. 

10X  14X  18X  22X 


26X 


30X 


X 


12X 


lex 


20X 


a4x 


2SX 


32X 


Th«  copy  film«d  har*  hat  lM«n  r«proclue«d  thanks 
to  tha  ganaroslty  of: 

BibliothAqua  nationala  du  QuAbac 


L'axamplaira  filmA  f ut  raproduit  grAca  k  la 
gAnArosit*  da: 

Bibliothiqua  nationala  du  QuAbac 


Tha  Imagas  appaaring  hara  ara  tha  baat  quality 
poaaibia  conaidaring  tha  condition  and  lagibility 
of  tha  original  copy  and  In  icaaping  with  tha 
filming  contract  spacificationa. 


Original  copiaa  In  printad  papar  covars  ara  fiimad 
baglnning  with  tha  front  covar  and  anding  on 
tha  laat  paga  with  a  printad  or  liluatratad  Impras- 
aion,  or  tha  back  covar  whan  approprlata.  All 
othar  original  copiaa  ara  fiimad  baglnning  on  tha 
first  paga  with  a  printad  or  liluatratad  impraa- 
slon,  and  anding  on  tha  last  paga  with  a  printad 
or  liluatratad  Impraaalon. 


Tha  last  racordad  frama  on  aach  microflcha 
ahaii  contain  tha  symbol  -^  (moaning  "CON- 
TINUED"), or  tha  symbol  y  (moaning  "END"), 
whichavar  appllas. 


Laa  tmagaa  suivantas  ont  4t4  raproduitas  avac  la 
plus  grand  soin,  compta  tanu  da  la  condition  at 
da  la  nattatt  da  l'axamplaira  filmA,  at  an 
conformity  avac  las  conditions  du  contrat  da 
fllmaga. 

Laa  axamplairas  orlginaux  dont  la  couvartura  9n 
papiar  ast  ImprimAa  sont  fiimte  an  commandant 
par  la  pramiar  plat  at  en  tarminant  solt  par  la 
darnlAra  paga  qui  comporta  una  ampralnta 
d'imprassion  ou  d'iliustratlon,  soit  par  la  sacond 
plat,  salon  la  cas.  Tous  las  autras  axamplairas 
orlginaux  sont  fllmte  an  commandant  par  la 
pramlAra  paga  qui  comporta  una  ampralnta 
d'imprassion  ou  d'lllustration  at  an  tarminant  par 
la  darnlAra  paga  qui  comporta  una  talla 
ampralnta. 

Un  das  symbolaa  sulvants  apparattra  sur  ?a 
darnlAra  imaga  da  chaqua  micrcficha,  salon  la 
cas:  la  symbols  — »•  signifia  "A  SUIVRE",  la 
symbols  V  signifia  "FIN". 


Maps,  platas,  charta,  ate,  may  ba  fiimad  at 
diffarant  raduction  ratios.  Thosa  too  larga  to  ba 
antiraiy  Included  In  ona  axposura  ara  filmed 
baglnning  In  tha  upper  left  hand  corner,  left  to 
right  and  top  to  bottom,  as  many  frames  as 
required.  The  following  diagrams  Illustrate  the 
method: 


Les  cartas,  planches,  tableaux,  etc.,  peuvent  Atre 
flimte  A  des  taux  da  reduction  diffirents. 
Lorsque  le  document  est  trop  grand  pour  Atra 
raproduit  an  un  saui  clichA,  11  est  fiimA  A  partir 
da  Tangle  supArleur  gauche,  de  gauche  A  droite, 
et  de  haut  an  baa,  en  prenant  la  nombre 
d'Imagas  nAcessaira.  Les  diagrammes  sulvants 
illustrant  la  mAthode. 


1  2  3 


I    1 

I    2 

3 

1 

2 

3 

4 

5 

6 

#    BIBLIOTHEqyE    #  ^ 

rT=5VLHCE  mm^ 


iiHii 


f^:m 


^■t^:!'(Tfti_ 


ili-i'iirH|l 


A  FULL  A€€Oin»V 

or    THS 

0» 


lAMES  SUITER,  Sen.,  WILLIAM  SUI- 

iifi 


^iii  TER,  Jun.,  &  JAMES  SUITER,  Jun. 


ili'l 


ill 


FOR  THE 

MURDER 

,.  ■  OP  ,-  >      ., 

LIVIJyG   LAJVE.     ' 

•..;;>■  -A    ^'  WITH 

PORTBAITS 

OF   THE  THREE  INDIVIDUALS; 

AND  AN 

ACCOVIVT  OF   THE  EXEGVTIOIV 

■      OP 

WHfLUM.  SUITER, 


•';''*■*.,. 
.■•*/(», 


* 


•  •  •     t  '* 

•  •  • . .  • 


ND  THl?IB.THR)E:TEDS(5tARA:'riONS, 


* « 


APRIL.    1834. 


P920.9 

SyM.  39  Q- 


•        •  * 


P       I; 


I       t 


ialitiiilililllMi 


mm^-^mi 


iiyi^l^j 


PREFACE. 


I 


The  unfortunate  individuals  who  are  the  principal  actors  in 
the  events  recorded  in  the  ensuing  sheets  are  natives  of  Ire* 
land.  They  emigr.ited  from  the  property  called  Oartena> 
moyngh,  two  miles  from  Garragh,  and  ten  from  Coleraine  in  th« 
County  of  Derry,  and  arrived  at  Quebec  in  July  1880.  It  was 
intended  by  the  publisher  of  this  Pamphlet  to  have  given  an 
account  of  the  settlement,  &c.  but  ihe  narrative  given  in  the  de* 
claratiun  of  James  Suiter,  iScnr.  is  so  full  and  explicit,  that 
«uch  account  is  entirely  obviated.  It  will  be  observed  that  an 
entirely  different  aspect  is  given  to  the  case  from  that  which 
was  given  to  it  by  the  evidence  on  the  trial,  and  much  sympa* 
thy  has  been  excited  in  the  public  mind  in  consequence.  Much 
duubt  cannot  exist  as  to  the  truth  of  these  declarations,  as  they 
were  written  by  Failier  and  Son  when  under  the  full  impres- 
sion that  ihfy  were  going  to  suffer  the  |)enalty  of  the  lavif. 
The  reprieve  was  not  made  known  unto  them  till  about  a  quar- 
terofan  rour  before  the  execution  of  William  Suiter  took  place. 
Much  d.scussion  on  this  matter  has  taken  place  in  the  public 
prints,  which  cannot  be  belter  elucidated  than  by  the  following 
article  extracted  from  Mr.  Neilson's  Quebec  Gazette  of  4ilt 
April  1834. 

"  III  looking  back  to  the  communication  signed  "  Several 
of  your  Readers"  we  perceive  that  it  is  insinuated  t|,iat  the 
Agent  of  the  Seigniory  of  St.  Sylvesire  (Mr.Wickstead)  had  gi- 
ven the  Suitors  a  location  ticket  or  deed  of  land  of  which  Lane 
had  deeds.  This  is  we  believe  untrue.  At  any  rate  the  in- 
sinuation, wiMioui  giving  any  proof,  was  malicious  and  base, 
and  it  was  only  because  the  circumstance  escaped  us  that  it 
found  insertion. 

We  know,  however,  that  tht're  is  an  opinion  prevalent  that 
the  Suiters  conceived  and  aflinned  that  they  had  a  fair  claim 
^o  the  land  which  Lane  was  settling  upon  at  the  time  of  the  mur- 
jiler  ;  and  this  might  have  been  explained  without  refer- 
ence to  any  individuals  more  than  ni.ust  neces'iarily  be  the  case. 
Tile  question  has  an  important  bearing.  Much  animosity  and 
frequents  collision  have  occurred  in  Settlements  thinly  popuhi- 


57383 


ted,  and  at  long  distances  from  Courts  and  Magistrates,  in  con 
sequence  of  misunderstandings  arising  from  promises  of  land, 
which  is  held  for  the  period  of  settlement  duties,  often  on  ver- 
bal or  imfilied  grounds,  and  even  more  regularly  on  a  mere  lo- 
cation ticket,  on  conditions  to  be  performed,  and  afterwards 
decided  upon  by  the  granter,  and  which  location  ticket,  not 
being  regularly  passed  before  a  Notary,  is  not  legally  enregis- 
tered,  and  may  be  contested  on  various  grounds.  The  new 
value  given  to  the  land  by  the  labour  of  the  settler,  becomes 
also  a  new  motive  to  contest  the  promise. 

The  law  on  this  subject  ought  to  undergo  a  revision,  the 
Ughti  of  all  parties  be  better  established,  and  regulated  by 
known  forms. 

With  respect  to  the  case  of  the  Suitors,  Lane  had  deeds  of 
the  land  they  claimed ;  and  their  Council  not  having  brought 
thp  question  before  the  Court  on  the  late  trial,  there  is  a 
strong  presumption  that  he  could  not  establish  their  right, 
since  it  was  a  fair  subject  of  reference  to  the  Jury.  Under 
these  circumstances,  we  must  close  all  discussion  in  this  paper 
on  the  subject,  but  we  trust  that  nothing  to  the  prejudice  of 
either  party  will  be  said  iu  other  newspa|)trs." 

Thus  we  have  endeavoured  to  tiive  a  view  of  both  sides  o^ 
the  question,  and  with  the  Editor  of  the  Gazette,  will  drop 
ilirther  discussion  on  the  subject,  leaving  it  to  the  public  to 
form  their  own  opinions  on  the  question. 

It  will  be  observed  that  some  irregularity  exists  in  the  spel- 
ling of  the  name  of  these  individualsi^  Suiter^  it  appears,  from 
their  own  signatures,  is  the  proper  orthography  of  the  name, 
while  during  the  whole  course  of  the  discussiou,  trial,  &c.  U 
was  writtCD  Shuier, 

Quebec,  5th  April,  18M. 


:  I  » J. .  m 


I 


ii^s^s', 


TRIAL,  &c. 


COURT  OF  KING'S  BENCH  FOR  THE  DISTRICT  OF 

QUEBEC. 

CRIMINAL  TERM. — Marcli,  1834-, 


T, 


Thursday,  27th  3Iareh. 


HIS  being  the  day  appointed  for  tlie  trial  of  the  Suiters, 
the  Court  was  crowded  to  excess  an  hour  before  the  proceed- 
ings commenced.  The  |)iisoner8  wjro  undaunted  counte- 
nances, more  particularly  the  two  younger  Suiters  :  the  fa- 
ther took  notes  of  the  proceedings  and  was  in  frequent  con- 
versation with  his  counsel,  F.  C.  Aylwin,  Esq.  Having  de- 
manded an  English  Jury  and  the  panel  nut  comprising  more 
than  four  persons  who  were  acquainted  with  the  English  lan- 
guage, eight  persons  were  taken  from  among  the  spectators  by 
the  Sheriff  to  complete  the  Jury. 

About  half  past  nine  o'clock  the  Honorable  Chief  Justice 
Sewell  and  the  Hon.  Justice  Panet  took  their  seats  en  the 
Bench. 

James  Suiter  the  elder,  William  Suiter  the  younger,  md 
James  Suiter  the  youngor,  were  then  placed  at  the  bar,  char- 
ged with  the  murder  of  Living  Lane  in  the  Parish  of  St.  Syl- 
vestre,  Seigniory  of  St.  Giles,  County  of  Lotbini^re,  on  the 
6th  December  last. 

The  following  gentlemen  were  sworn  in  as  Jurors ;  Messrs. 
Thomas  Hunter,  foreman  ;  Horatio  Carwcli ;  John  Macpher- 
son  ;  James  Birch  ;  William  Robinson  ;  John  Martin  :  John 
Parker;  Maurice  Fewar ;  James  Wright;  William  White- 
ford  ;  Thomas  Brown  ;  Joseph  Maloney. 

The  Attorney  General  then  proceeded  to  open  the  case  anrf 
addressed  himself  to  the  Jury.  Befuro  he  entered  into  the 
particulars  of  this  melancholy  transaction,  he  would  beg  of 
them,  nowthey  had  assumed  the  office  of  Jurors,  to  lay  aside  alF 
impressions  which  might  have  been  made  on  their  minds  by  pri- 


mssBm 


« 


1' 


'    ( 


vale  convnriuilon  or  nrtlcltfs  in  tho  public  prints.  Tlieir  duty 
towunli  tiieinsclvt's  and  the  prisoners  was  to  render  their  ver- 
<iict  upon  itio  evid«.'ncR  which  wuuld  be  produced  to  them.  Tho 
rriniii  which  tiio  prisuners  stiuvl  charged  with,  is  the  foulest  in 
flu?  lung  (■iitiilo<i;u(%  nanu>]v,  that  of  murder,  a  crime  every 
whrre  puiiislicd  with  duatli,  on  tho  authority  of  thu  Divinu 
law  itself,  lio  statt^d  this  to  tiiom  in  order  to  shew  that  if  the 
prisunirrs  wiiere  foinid  jjuilty  they  could  expect  no  mercy  at 
Dk*  hiinds  of  till)  Kin;r's  r('pro<!cntativo  in  this  Province,  lie 
now  wotiM  procDfd  to  detail  sonio  of  tho  circumstances  of  tho 
4M<«i>.  Express  or  ponsitivo  malice  in  tho  commission  of  the 
deed,  woulii  he;  fciircd  ho  proved  too  plainly  against  tho  prison- 
trr^.  ilo  (lid  not  wish  to  press  against  tho  life  of  the  unfortu- 
p-'iUf  iridivicUiiils  at  the  bar,  more  than  a  mere  recital  of  facts, 
but  it  was  his  boundiMi  duty  to  cull  forth  witnesses  and  avenge 
ihi'  blood  of  an  innucont  mnn.  'I'he  unfortunate  deceased, 
Living  Lani>,  had  resided  at  St.  Giles  for  a  period  of  a  year  or 
two  ;  jho  prisoners  liad  also  bi-en  residing  there  for  some  time. 
Lhuo  had  obtained  permission  to  go  upon  No. S.and  afterwards 
obtained  a  location  ticket.  On  the  evening  of  the  5jh  Decem- 
ber, he  engaged  one  Uiissel  to  assist  him  in  clearing  the  land 
and  building  bis  rosidunce.  Doth  llussel  and  himself  agreed 
to  .stop  on  the  uroniid  all  night  and  slt>c[>  there  in  order  to  have 
a  long  day.  They  had  commenced  working  the  next  morning 
tvlifn  tho  prisoiu'is  at  the  bar  nuide  their  appearance,  and  were 
^borlly  aftor  followed  by  two  other  individuals,  Robert  and 
l>.ivid  Suiter,  who  were  included  in  this  indictment  but  with- 
<i?i»wii  by  the  finding  of  the  Grand  Jury.  Lane  was  seated 
on  a  spruce  log,  ;in<i  Ilu'^sol  was  opposite  working  at  a  log 
J;  .'..i-o  which  tlioy  had  brgiiii.  The  three  prisoners  led  by  the 
<»ld  man  proceeded  directly  to  the  side  on  which  the  deceased 
»ar ;  tliey  addressed  him,  and  one  of  tiiem  bid  him  marche-donc 
and  i\\\\\  the  land.  The  elder  Shuter  said  also  "  quit  tho  land 
or  I'ii  blow  vo:i  to  ht.'ll."  Rossel  will  tell  vou  that  he  did  not 
.M.'i?  tic  ISiiit*  IS  fire,  but  lu^  heard  old  Suiter  cock  his  gun 
a.'rd  immediately  alter  heard  tlie  report  and  saw  Lane  fall. 
iJ'.jssel  anxious  to  obtain  their  assistancj?  in  relieving  Lane,  told 
liie,>i  (m;  was  jK>t  rnncli  hint  ;  doubtless  also  he  was  apprehen- 
hive  that  if  he  told  tlioni  Lane  was  mortally  wounded,  he  would 
have  shaiel  tho  same  fate.  Tiie  first  individual  whom  Kussel 
i.vKi  iifier  he  liad  goiic  in  quest  of  assistance,  will  tell  you  that 
vA\M\,\  h,'  came  up  to  tho  deceased  he  said  to  him,  "  1  am  sorry 
to  ;eo  yo,»  v.  >  lu  y."  Tlij  deceased  an»wered  him,  and  said  ho 
inJ  bee)>  shi!  by  oil  livAwr  and  one  of  his  sons  who  had  both 


* 


rmuMmi^aHiaaaawiitagteifa 


mrrti** 


0(1  simull.ineouiily.  1I«  would  wind  tip  his  lenwaks  hy  oiu 
nerving  that  the  ixvo  others  iiic  equally  citlpHhlo  with  the  0119 
who  firod.  It  will  bo  for  yuu  tu  distinguisli  hctwftn  tlir  <ri- 
niinality  or  innocence  of  the  whole.  Ii  will  be  for  you  nu  I  ;« 
most  painful  duty  it  is  to  find  them  ;.niilty  if  ihe  proot  isynHi. 
cient.  If  on  the  contrary  they  can  exlenriatu  tlx'ir  couiIim  t, 
4iod  let  it  bo  so,  but  it  must  be  rocollecied  that  we  are  CHlK>d 
upon  to  avenge  tho  blood  ol  an  innocent  man,  and  no  ftlso 
ientiineut  of  pity,  can  justify  you  in  acquitting  thum,  if  Uio 
evidence  is  decidedly  against  them. 

The  witnesses  were  all  confined  in  a  room  and  called  out  :i!i 
their  evidence  was  required.  The  first  witness  on  the  par( 
of  the  Crown  was  Hugh  ilussel,  v. '.10  being  sworn  said,  (le  re- 
Aided  in  December  last  at  JNIr.  I'ulkers,  in  tlvj  Parish  of  Si. 
Giles.  Had  known  tho  deceased  fur  about  six  weeks,  the  pri- 
Jioner  by  sight  for  about  two  years.  Had  worked  a  inonili  for 
deceased,  and  was  going  to  commence  anew  on  the  Gih  Dereni- 
bor  on  lot  No.  8,  in  the  Parish  of  ^t.  (iilus.  On  tht>  .*>  h 
went  to  work  with  tho  deceased,  and  slept  on  the  pround  ilt;it 
night.  There  was  a  small  clearance  on  the  lot,  and  (it  ccusi  d 
bad  hired  him  to  help  him  in  raising  a  hut.  Rose  in  the  nioriiii:<<j 
about  day«light,  took  breakfast  and  connnenced  working.  il^iJ 
been  from  ten  to  twenty  minutes  at  work  when  James  Siiiter, 
Senr.  Wm.  Suiter,  Junr.  and  James  Suiter,  Jiinr.  made  iliijir 
appearance,  and  shortly  after  two  other  persons  raine  up« 
James  Suiter,  Senr.  and  James  Suiter,  Junr.  had  guns  in  dieir 
hands.  William  Suiter,  Junr.  had  a  bayonet  attached  to  somit 
staff.  Thinks  it  was  the  old  man  who  led  the  way  ;  thcj  weiu 
walking  one  behind  the  other.  When  they  airived  wiinvsH 
was  opposite  to  deceased,  close  to  tho  door  way  of  the  liut| 
which  was  between  twelve  and  foiirte(!n  fetU  square,  and  tineo 
logs  high.  Prisoners  placed  themstdves  in  front  of  the  hut, 
on  the  same  side  as  witness,  a;id  faced  towards  tiie  deceavMil, 
with  their  arms  still  in  their  hands.  Does  not  recollect  wiu^- 
ther  witness  or  prisoners  spoke  first,  but  the  first  word  sail 
was  *'  good  morning.'*  James  Suiter,  Senr  asked  deceased 
what  authority  he  had  to  be  there  ;  deceased  answered  he  haj 
^^uthority  from  Mr.  Wickstead,  that  he  had  buiiizlit  the  land  and 
wished  to  hold  it.  Old  Suiter  and  William  Suiter,  Junr,  or- 
dered him  olT  and  bid  him  7narche-do7tc.  Some  (uriher  <'oiv> 
vcrsation  ensued,  during  .which  deceased  snld  '*  I  sha'nt  po"; 
deceased  made  use  of  no  nuiiry  words.  Durin'^  the  ronver- 
»ation  which  old  Suiter  had  with  deceasi  d,  ho  f  a:c:.'  !i";..<:'f 
t>n  u  log  opposite  to  deceased,  with  the  gun  act o;.:^   ;.,3  Lui.i/, 


nil 
i 

i 

I 


Saw  old  6uit«r  take  off  his  tuitions,  and  make  a  motion  ai  if 
he  wai  going  to  rock  liin  (;un.  When  lie  made  tliis  motion 
aaid,  to  best  of  witness'  recolleciion,  *'  if  you  don't  bo  off  I'll 
blow  yo'i  to  hell,'*  upon  wliicli  old  Suiter  rose  and  stepped 
back.  About  lliis  time  d«;rcHscd  sat  down  on  ono  of  the  logs 
of  the  hut  he  liad  been  chopping,  with  his  left  side  towards 
Suiter.  Wlien  the  elder  iSuiier  stepped  back  he  got  out  of 
witness' sight,  and  then  he  could  not  see  either  of  the  prisoners; 
and  from  ono  to  three  minutes  after,  witness  heard  the  report 
of  a  gun  close  to  him.  Immediately  after  the  report,  witness 
.saw  deceased  fall  to  tho  ground,  and  cry  murder.  Witness 
then  ran  to  deceased,  lifted  him  up,  and  put  him  on  the  place 
where  they  had  slept  during  the  night.  As  witness  found  some 
difliculty  in  lifting  deceased,  he  called  on  the  prisoners  for  as- 
sistance, thfy  delayed  a  little,  and  went  off  without  rendering 
assistance,  or  giviug  witness  any  answer.  Witness  made  the 
deceased  as  cunifortahie  us  he  could,  went  in  quest  of  assis- 
tance, and  passed  the  prisoners,  when  ho  again  asked  them  for 
assistai  ce.  One  of  the  prisoners  gave  him  for  answer,  **  I 
suppose  not."  After  that  witness  went  to  the  house  of  Patrick 
Gehardy,  informed  him  of  what  had  happened,  and  went  along 
for  fuither  assistance.  Witness  did  not  go  back  to  the  de- 
ceased, but  saw  him  again,  when  the  others  were  carrying  him 
on  a  hand-oarrow  to  IVlr.  Felker's  house,  about  a  mile  distant 
from  where  he  had  been  fired  at.  Witness  went  into  Felker's 
house,  and  there  attended  on  the  deceased,  and  remained  with 
him  until  his  death,  which  took  place  about  three  o'clock,  P. 
M.  Deceased  always  said  "  Icannot  live,"  "  How  can  I  live," 
*•  I  must  die."  Deceased  was  a  married  man,  with  a  family  ; 
from  t\  irty  to  forty  years  of  age ;  liis  family  resided  at  Felker's 
farm.  Never  heard  the  prisoner^,  before  5th  December,  ex- 
press themselves  as  to  any  intention  with  regard  to  what  they 
would  do  if  any  person  took  |  ossession  of  the  land  which  they 
called  theirs.  On  the  evening  before  5th  December,  witness 
met  William  Suiter,  who  asked  him  if  he  was  going  to  work 
fot*  Living  Lane.  Upon  witness  saying  he  was.  Suiter  told 
him  that  some  trouble  would  follow,  and  he  would  be  in  danger 
of  the  law,  or  words  to  that  purpose.  Witness  saw  Lane  dead, 
but  was  not  [iresent  at  the  doctor's  examination  of  the  body. 

Cross-examined  by  Mr.  Aylwin. — ^Felker  was  running  lines 
for  witness  about  the  4th  December.  Had  lived  with  Felker 
previous  to  this.  Had  only  known  deceased  for  about  six 
weeks.  Has  been  living  at  St.  Sylvestre  for  three  years.  Be- 
lieves (he  $aUers  were  settled  there  before  he  came.    There 


mmMh 


»» 


kr«  bix  Or  invon  of  tlio  Suiters  retiding  at  St.  Sylvoitr««' 
Heard  that  n  latr  suit  had  taken  place  belweoo  Folker  and  the 
Ki.  iters.  Shiitcr  pcrsuHdcd  witness  not  to  go  to  deceased  oa 
accuunl  of  ihu  dan^ur  to  bu  apprehended.  There  was  a  small 
clunruiicu  oil  dfcrasudN  land,  and  a  small  house  built  on  it 
about  100  fvut  distant  from  propoi^ed  hut  of  deceased.  It  wai 
genurnlly  known  that  the  Suiters  had  worked  oa  this  clearancoi 
but  witness  could  not  say  it  belonged  to  them.  A  month  be* 
lure  the  murder  was  comniittod  deceased  had  engaged  witness 
to  work  for  him.  Witness  had  told  deceased  something  about 
the  Suiters  laying  claim  to  tho  land.  The  reason  for  sleeping 
out  all  night,  was  that  they  might  make  a  longday  of  itt  Dv* 
ceased  told  Shuter  ho  would  keep  the  land  till  he  was  compeU 
led  to  leave  it  by  law.  Old  Suitor  spoke  loud  and  angry,  and 
deceased  altt'ays  answered  him  in  some  manner.  Deceased 
had  an  axe  in  his  hand,  which  he  might  have  lifted  against  Sui<* 
ter,  but  witness  did  not  see  him  do  so.  Is  well  persuaded  that 
deceased  was  sitting  down  when  he  received  the  shot.  Heard 
but  the  report  of  unn  gun.  Did  not  observe  tho  position  in 
which  the  Suiters  held  their  guns  at  the  time  the  report  was 
heard.  Distinctly  saw  old  Suiiei  pull  his  mitteus  olT.  Told 
the  Suiters  he  did  not  think  the  deceased  was  much  hurt.  It 
was  after  witness  told  them  this  that  they  left  the  ground. 
Sometimes  persons  travel  with  guns  in  their  hands. 

Examined  anew  by  Attorney  General. — Witness*  reason  for 
stating  that  deceased  was  nut  much  hurt,  was  that  he  was  ap- 
prehensive  if  ho  said  deceased  was  mortally  hurr,  he  would 
share  his  fate. 

Questioned  by  one  of  the  Jurors.— ^The  two  persons  who 
came  up  witness  understood  their  names  to  be  Robt.  and 
David  Suiter. 

Mr.  William  Colclough  sworn. — Is  a  surgeon,  residing  at 
Leeds,  seven  or  eight  miles  distant  from  Lane's  place. 

He  was  going  along  Craig's  Road  on  the  5th  December,  in  a 
dilTerent  direction  from  St.  Sylvestre,  when  he  was  informed 
by  a  lad,  that  a  man  had  been  shot  at  St.  Sylvestre.  He  was 
afterwards  called  by  the  Coroner  to  hold  a  post  mortem  eia- 
niination  on  the  body  of  Living  Lane.  The  body,  which 
was  then  frozen,  was  in  a  good  state  of  preservation.  I»  per* 
forming  his  duly,  found  that  a  wound  had  been  inflicted  en 
the  left  side,  by  a  leaden  bullet,  which  had  entered  close  to 
the  fourth  rib,  and  passed  through  the  muscles  of  the  back  bone* 
The  left  arm  was  sprinkled  with  small  shot,  and  a  few  wervr 
found  near  tho  hip  whore  the  bullet  had  entered.    Had  nv 

B 


mmm 


wmm. 


10 


If    f- 

V  ' 

I:    i 
M' 


Hi 


) ' 


doubt  the  wound  was  tht  cause  of  the  man*8  (toath.  He  open- 
ed the  abdomen,  which  appeared  to  be  that  of  a  strong  heal* 
thy  man. 

Cross-examined  by  Mr.  Aylwin. — The  wound  had  the  ap- 
pearance of  being  too  clean  to  be  caused  by  small  shot.  Did 
not  think  the  wound  had  been  caused  by  a  cohesion  of  small 
shot.  Wound  appeared  to  have  been  caused  by  the  discharge 
of  one  gun.  The  small  shot  had  so  much  the  same  direction 
as  the  bullet,  that  he  inferred  they  had  both  been  discharged  at 
the  same  time. 

In  answer  to  a  question  put  by  the  Attorney-General,  wit- 
ness said,  it  was  possible  that  the  wounds  inflicted  by  the 
small  shot  and  bullet  were  produced  by  two  guns  being  fired 
at  the  same  time. 

Dr.  Lyons  sworn. — Considered  that  death  would  be  produ- 
ced by  the  wounds  described  by  Dr.  Colclough. 

William  M'Grath  sworn. — Resided  at  St.  Sylvestre  in  De- 
cember last,  and  knew  Living  Lane  and  the  prisoners.  On 
the  5th  December,  about  sun-rise,  he  was  met  by  Hugh  Rus- 
sel,  in  Concession  No.  1,  St.  Frederick's,  who  appeared  to  be 
very  much  agitated,  and  said  Suitor  had  shot  Mr.  Lane. 
Russel  told  witness  to  take  some  covering  to  Lane,  as  he  was 
likely  to  freeze.  Witness  went  with  another  person  having  a 
blanket  with  him,  to  Lane,  who  was  lying  down  with  his  head 
leaning  on  his  arm.  Lane  shook  hands  with  witness,  and 
witness  told  him  he  was  sorry  to  see  him  so  low.  Witness 
asked  him  how  he  came  by  his  wound,  and  he  said,  old 
Suiter  and  young  Suiter  had  both  fired  at  him  at  the  same 
time.  Witness  asked  how  many  there  were  of  them,  and 
Lane  said  there  were  five.  Two  other  persons  came  up, 
when  they  made  a  hand-barrow,  and  carried  him  to  Felker's. 
Did  not  see  Lane  again,  till  the  Coroner's  inquest  was  held 
upon  him.     Does  not  know  how  long  Lane  had  been  there. 

Cross-examined  by  Mr.  Aylwin. — Does  not  know  whe- 
ther Lane,  when  he  said  that  the  two  Suiters  had  fired  at  him, 
was  apprehensive  of  dying.  Witness  had  asked  Lane  whe- 
ther he  was  wounded  in  more  places  than  his  arm,  and  he 
said  he  had  a  charge  in  the  small  of  his  back.  Witness  has 
beer  living  for  some  time  at  St.  Sylvestre,  and  believes  that 
'  Suiter  made  part  of  the  clearance,  and  Felker  another  part. 
Never  heard  any  thing  against  the  character  of  the  Suiters. 

James  Hagan  sworn. — Lived  at  St.  Sylvestre,  next  neigh- 
bour to  last  witness.  In  Deer,  last  was  called  upon  by  him  to 
go  to  the  assistance  of  Living  Lane   who    had  been  shot. 


I 

I 


MM! 


iHliii 


11 


Found  the  deceased  lying  On  his  aid*.  iSaw  him  make  a  mo* 
tion  to  give  his  hand  to  M'Garth.  M'G.  said  he  was  sorry  td 
see  him  lying  so  low,  and  asked  him  who  had  shot  him  ;  Lane 
said  it  was  old  Suiter  and  one  of  his  sons,  who  had  both  fucd 
at  the  same  time.  Dec(  <):"(  d  showed  M'Garth  th«  wound  on 
his  arm,  and  on  M^Garth  remarking  that  it  would  not  signify 
much,  deceased  said  he  hau  iiituLher  charge  in  tha  small  of  his 
back.  He  appeared  to  witness  to  be  apprehensive  of  dying, 
as  he  was  moaning,  and  praying  to  the  Lord  to  have  mercy  on 
him.  Michael  Kerr  and  Patrick  Gaherty  came  up  after  this. 
M'Garth  went  away  to  make  a  barrow;  and  during  his  absence, 
Robert  and  David  Suiter  came  jp.  About  three  days  pre- 
vious, William  Suiter  had  come  to  witness'  house,  and  wit- 
ness asked  him  how  it  would  go  between  Lane  and  his  father; 
Suiter  said  he  did  not  know,  bui  that  who^jver  came  there 
might  bring  his  sheet  and  collm  with  him.  Witness  swore  to 
W  iliiam  Suitet  at  the  bar. 

After  putting  Lane  on  the  barrow,  they  carried  him  on  it, 
and  stopped  at  a  house  on  the  road  to  warm  him,  and  after- 
wards proceeded  to  Felkers.  No  accident  happened  oa  the 
road. 

Cross-examined  by  Mr.  Aylwin, — Knew,  by  the  talk  of 
the  neigbours,  that  Lane  had  got  a  deed  of  the  land.  Witness 
knew  that  Thomas  Suiter  had  worked  on  the  land  and  had 
taken  two  corps  from  it. 

David  Felker — has  lived  in  St.  Sylvestre  11  years — known 
prisoners  for  3  years.  Witness  was  not  at  home  when  Living 
Lane  was  brought  to  his  house,  but  came  home  afler,  about 
2  o'clock.  Lane  was  alive  at  that  time,  but  appeared  to  be  in 
great  suffering  and  was  hardly  able  to  speak  ;  witness  asked 
him  who  had  shot  him,  and  he  said  the  Suiters,  and  about 
a  minute  after  he  said  he  could  not  live  many  minutes.  Wit^ 
ness  seized  his  gun  to  go  in  pursuit  of  the  Suiters,  when  de- 
ceased said,  ♦'  for  God's  sake  don't  shoot  them  dead."  Witness 
brought  back  Wm.  Suiter  and  said  to  him  "  William  I'm  sorry 
for  you,  I  did  not  think  you  had  so  hard  a  heart  as  to  murder 
a  man  in  cold  blood."  Suiter  said  it  could  not  be  helped,  he 
did  not  mean  to  murder  him,  he  only  wanted  to  wound.  Wit- 
ness said  to  him,  I  don't  see  how  you  could  miss  when  you 
hud  such  a  charge  in  the  gun,  viz  :  a  whole  handful  of  shot  and 
a  ball.  Suiter  answered  that  he  had  nothing  but  a  ball  in  his 
gun. — vVitnesstheo  said  of  course  there  must  have  been  ano- 
ther shot ;  Suiter  answered,  Oh  I  its  bad  enough,  say  no  more 
ahout  itt 


n 


M,  : 


n! 


ill: 


lin 


1  j 


Cro9s-ex.  by  Mr.  Aylwia.  Is  the  same  person  who  was  in- 
dicted for  an  assault  on  Thomas  Suiter.  James  Suiter  had  no 
interest  in  the  prosecution  that  witness  knc\i  of.  Had  also  a 
law  suit  against  Thomas  Suiter  and  his  father,  for  trespassing 
on  the  land.  Suiters  had  threatened  witness  with  shooting  him 
several  limes  ;  upon  which  witness  said  that  if  he  met  them  in 
the  woods  armed,  and  he  thought  they  meant  to  shoot  him,  he 
would  shoot  them  in  his  own  defence.  None  of  the  b  uiter  fa- 
mily ever  said  to  witness  that  they  laid  claim  to  the  land.  Has 
made  application  for  a  warrant  against  the  two  Suiters  against 
whom  no  bill  has  been  found,  because  he  was  apprehensive 
they  would  burn  the  buildings  in  his  absence.  A  variety  of 
other  questions  were  put  the  witness  by  Mr.  Aylwin. 

Jean  Joseph  Reny,  is  a  Notary  residing  at  Ste.  Marie  N.  B. 
Passed  a  deed  of  sale  between  Felker  and  Lane  on  the  6th 
Nov.,  1833,  which  was  produced.  Was  travelling  in  those 
parts  some  years  since,  when  old  Suiter  shewed  the  road  to 
him. 

The  Attorney  General  here  said  he  would  close  the  case, 
but  if  the  council  for  the  prisoners  brought  forward  any  extra- 
neous evidence,  he  would  be  prepared  to  meet  it  by  other 
witnesses. 

James  Suiter,  senr.  then  made  his  defence,  and  said  he  had 
a  title  from  Mr.  Wickstead,  and  that  David  Felker  had  been 
always  persecuting  him  and  his  family.  He  made  a  great  ma- 
ny assertions  with  respect  to  his  good  character,  and  the  hard 
work  which  he  had  gone  through  in  supporting  himself  and 
family,  but  nothing  in  justification  of  the  murder. 

Wm.  Suiter,  junr.  said  a  few  wcrds,  and  hoped  the  Court  and 
Jury  would  give  him  fair  play  with  David  Felker. 


DEFE]V€E. 

Mr.  Aylwin  brought  forward  witnesses  on  the  part  of  th« 
prisoners. 

David  Suiter,  sworn.— There  is  a  trifling  relationship  be- 
tween the  prisoners  at  the  bar  and  witness.  Eighteen  persons 
of  the  Suiter  family  lived  at  St.  Sylvcstre.  Had  occasion  to 
pass  over  the  lot  on  the  day  Lane  was  shot,  on  some  busi- 
ness respecting  a  bridge,  James  Suiter,  sr.  was  overseer  of 
the  bridge — heard  old  Suiter  disputing  with  Lane,  they  were 
talking  loud,  and  he  went  to  see  what  was  the  matter.  When 
witness  came  up,  old  Suiter  was  bidding  Lane  to  marche  doncj. 


IS 


in  (he  Kin;r^s  name,  from  his  land.  Lane  answered  that  he 
had  paid  £15  for  the  land,  and  he  would  keep  it  and  stop  on 
it  this  winter,  and  let  Suiter  take  the  law.  Lane  stood  on  a  log 
witli  an  axe  in  his  hand  ;  old  Suiter  was  sitting  on  a  log  in  the 
h)i^  and  when  Lane  f  aid  this  he  drew  hack  out  of  the  hut. 
Lane  said  1*U  let  yo:i  go  lu  the  law,  nmi  that  very  soon.  As 
the  old  man  drew  back,  witness  heard  the  report  of  the  gun. 
Witness  could  see  the  old  man's  gun,  and  swore  positively  it 
was  not  his  which  caused  the  report.  Old  Suiter  had  his  gun 
in  an  ohiiquc  direction  with  the  muzzle  pointed  upwards,  and 
while  he  held  it  in  that  position,  witness  heard  the  report.  1 
Kaw  two  guns,  there  was  only  one  gun  discharged  ;  the  old 
man  had  one  and  his  son  Willum  the  other.  Could  not  say 
how  Wm.  Suiter  held  his  gun.  Witness  had  heard  persons 
chopping  in  the  night  on  the  land  where  Lane  was. 

Cross-ez.  by  Attorney  General.  James  Suiter  and  Gehar- 
dy  summoned  him  to  go  to  the  bridge.  Can  hear  the  report  of 
a  gun  at  the  distance  of  a  ^  of  a  mile  through  a  thick  bush. 
Can  not  swear  the  report  of  an  axe  was  heard  that  night  ;  he 
only  heard  so.  James  Suiter,  junr.  had  a  bayonet  in  his  hand 
—it  was  not  for  bridge  building.  Prisoners  offered  no  assistance 
to  the  deceased ;  cannot  say  whether  Russel  asked  them  for 
assistance  :  had  been  suffering  from  a  fever  which  affected  his 
«ye-sight  and  hearing,  but  swore  positively  he  neither  saw 
the  old  man  cock  his  gun,  nor  heard  him  discharge  it. 

Robert  Suiter,  was  then  sworn — Is  a  nephew  of  old  Suitor. 
Knows  the  lot  of  land,  the  clearance  of  it  was  made  by  old  Sui- 
ter. Was  going  to  assist  in  building  a  bridge  on  the  6th  De- 
cember, and  in  order  to  gel  to  it,  ho  had  to  pass  over  this  lot  of 
land,  and  on  coming  near  the  place,  he  heard  a  number  of 
persons  quarrelling. — He  heard  old  Suiter  tell  Lane  to  martht 
done  in  the  King's  name  ;  Lane  said  he  would  stop  there  this 
winter ;  and  old  Suiter  said  he  would  not  allow  him  to  stop 
there  and  rob  him  of  his  property.  When  witness  came  up 
Lane  was  standing  with  an  axe  in  his  hand  ;  old  Suiter  was 
«tanding  also,  but  sat  down  a  short  time  after  with  his  feet  in- 
side the  hul.  James  Suiter,  Senr.,  had  a  gun  his  hand.  Lane 
was  stepping  forward  with  an  axe  in  his  hand,  cutting  bran- 
ches off  one  of  the  shanty  logs.  When  Lane  advanced,  old 
Suitei  got  up  and  came  out  of  the  shanty.  When  Suiter  came 
out.  Lane  was  standing  with  one  foot  on  a  log  and  the  axe  in 
his  hand.  Immediately  after,  witness  heard  the  report  of  a 
gun, — only  one.  William  Suitor  had  a  gun  which  witness 
supposed  was  discharged.    The  old  man's  guu  was  uot  dis- 


iii 


Mm 


U 


\    8 


11  !' 
■  •I:  >' 


charged,  a>  the  muzzle  was  down  low.  (David  S.  swore  it 
was  pointed  upwards.) 

Cross-ex.  by  llie  Attorney  General.  Never  saw  the  clear- 
ance, and  does  not  know  who  made  it.  He  was  in  the  clear* 
aiice  when  h«  heard  the  noise,  which  alarmed  him  as  ho 
thought  persons  where  wrangling.  Deceased  was  standing 
listening  to  the  prisoners  ;  deceased  was  rough  in  his  speech* 
Heard  old  Suitor  say  that  if  Lane  would  not  go  away,  he  would 
blow  him  into  the  air— -could  not  distinguish  exactly  whether  it 
was  hell  or  not — thinks  it  was  air.  Deceased  never  came  in* 
side  the  hut.  Old  Suiter  retreated  live  or  six  feet.  David 
8ttiter  was  eight  or  ten  feet  to  the  right  of  the  old  man.  James 
Suiter  was  behind  the  old  man  with  a  bayonet  in  his  hand* 
James  never  told  witness  his  gun  was  loaded  with  ball.  In- 
stantly after  Lane  said  he  would  stop  there  this  winter,  witness 
heard  the  report  of  the  gun.  AH  walked  off  and  left  Lane  in 
charge  of  Russell. 

William  M'VVilliams — has  known  the  prisoners  for  twenty 
years  befor*  they  came  to  this  country.  They  always  bore  a 
good  character  in  Ireland. 

Samuel  Foregrave, — resides  at  St.  Sylvestre,  and  has  known 
the  prisoners  there  and  in  Ireland ;  never  heard  anything 
against  them. 

John  Sheridan,— resides  at  St.  Sylvestre  and  has  seen  old 
Suiter  working  on  the  land  in  1831 — there  was  a  clearing  done 
sn  that  time  and  since— a  house  was  built  also  by  the  Suiters. 
He  gave  them  a  good  character. 

Anthony  Anderson,  Esq.,  gave  the  prisoners  a  good  cha- 
tacter. 

Paul  Lcpper,  Esq.  gave  James  Suiter  a  good  character. 

Jantes  Hougins  gave  the  prisoners  a  good  character. 

John  Kerr — was  one  of  the  witnesses  at  a  trial  between  Fel- 
ker  and  the  prisoners,  respecting  lot  No.  8.  It  was  No.  8. 
that  Lane  was  killed  upon. 

Cross-examined  by  the  Attorney  General. — Suspects  it  was 
old  Suiter  built  the  house.  Saw  Living  Lane  when  he  was 
carried  on  a  barrow,  he  appeared  to  be  in  a  dying  state,  and 
said  it  was  old  Suiter  who  had  shot  him. 

The  case  closed  here,  and  the  Hon.  Chief  Justice  proceeded 
to  sum  up  the  evidence,  and  addressed  himself  to  the  Jury  as 
follows : 

The  prisoners  at  the  bar  stand  charged  with  an  indictment 
for  murder,  the  highest  of  crimes.  There  is  a  distinction  how- 
ever madu  in  the  law  of  England,  that  is  to  say  it  is  divided 


k/r 


15 


into  classes,  Murder  and  Manslaughter  and  it  is  to  tliesc  tiro 
j)oints  ve  shall  have  to  direct  our  Httention. 

Murder  is  where  a  man  in  his  right  senses  slnys  another 
with  malice  aforethought,  that  it  is  with  a  dispositiuu  to  kill 
and  being  in  the  full  enjoyment  of  his  senses.  When  an  intii- 
vidual  forms  a  premeditated  design  it  is  railed  malice,  but 
there  are  many  other  instances  in  which  malice  is  implied  by 
the  law.  When  a  person  cairies  a  deadly  weapon  such  as  it 
gun  with  him  and  indicts  death  without  suflicient  provocation. 
The  law  of  England  makes  this  distinction,  that  where  a  man 
has  sufficient  provocation,  where  the  blood  is  in  a  frenzy  of 
passion,  the  crime  comes  to  that  of  Manslaughter.  Instancci 
of  this  occur  daily,  as  in  a  fight  for  instance  where  blow  after 
blow  is  given  and  each  party  is  striving  to  injure  the  otiier  n» 
much  as  possible,  some  unlucky  blow  is  given  by  which  death 
«nsues.  This  is  what  the  law  calls  manslaughter ;  but  if  du* 
ring  the  contest  one  of  the  parties  should  draw  a  dagger  or 
other  deadly  weapon  and  use  it,  it  would  bctokeu  a  nialiguant 
disposition  and  as  such  would  bo  Murder. 

Now,  Gentlemen,  in  this  case  a  defence  is  set  up  which  eii' 
deavours  to  shew  that  the  prisoners  had  sufRcient  piovocatioa 
and  it  will  be  necessary  for  me  to  say  a  few  words  respecting 
this  defence  before  we  proceed  further.  The  defence  set  up 
is  this :  that  the  prisoners  had  3  or  4  years  ago  obtained 
from  the  Seigneur  of  St.  Giles  certain  lots  of  land  ;  they  had 
effected  certain  improvements  therein  under  the  cognizance 
of  the  Seigneur,  and  that  when  Lane  came  to  take  possci^siori, 
thev  resolved  to  turn  him  off  l>v  foul  or  fair  means,  as  tiiev 
considered  him  a  trespasser.  Our  books  are  filled  with  precjo 
dents  on  this  point.  Where  the  trespass  is  against  the  [nn- 
pcrty  of  another,  law  does  not  permit  the  injured  party  to 
make  use  of  murderous  weapons.  If  in  turning  ofif  the  tr^s* 
passer  a  murderous  weapon  is  used  and  death  ensues,  it  ^vili  lut 
Murder;  but  if  in  turning  him  off  by  fair  means  and  a  fight 
should  ensue  in  which  tho  trespasser  should  happen  to  receive 
an  unlucky  blow  which  kills  him,  it  is  only  Manslaughter. 

Admitting  the  whole  of  what  the  prisoners  have  said: 
adoiitting  that  Lai>e  became  a  trespasser  on  tlwsir  (>ropcr« 
ty^they  had  no  right  to  use  murderous  weapons.  It  would  be 
matter  of  very  serious  enquiry  for  you  to  ascertain  what  were 
the  motives  which  induced  the  individual  to  fire  the  gun.  If 
they  sat  out  with  a  dangerous  weapon  with  tho  intent  of  kiN 
ling  Lane,  it  will  be  murder  in  every  sense  of  the  word  ;  if  on 
th»  contrary   you  believe  tho  last  witnesses  brought  up,  and 


16 


il 


ll»at  William  Suiter  fircfd  the  gun,  because  ft'0  conceived  tfiur 
life  of  the  old  man  to  be  in  danger,  it  will  be  man- 
slaughter. It  is  for  you,  Gentlemen,  te  decide  upon  it,  and  f 
fceg  you  will  keep  tliese  remarks  continually  in  your  minds 
while  reflecting  on  (lie  evidence  which  I  dhall  now  read  over* 
to  you. 

^he  learned  Chief  Justice  then  read  over  the  evidence  a» 
we  have  above  given  it.  He  then  continued  his  remarks  a» 
follows  ;  I  am  not  aware  that  it  is  necessary  to  take  up  your 
time  much  longer^  but  there  are  one  or  two  points  to  which 
I  would  direct  your  attention.  It  is  very  evident  that  me^ 
naces  were  made  by  old  Suiter,  but  it  is  not  so  plain  that  her 
fired.  It  is  true  the  dying  man  declared  that  he  did,  but  he 
might  have  been  mistaken.  It  is  very  evident  it  must  have* 
been  fired  by  some  one,  and  it  matters  not  who  ftred  it  :  the 
prisoners  are  all  equally  guilty  if  it  was  fired  by  one  of  them 
In  the  language  of  a  celebrated  criminal  Judge  in  England,  the 
finger  ot  every  one  present  is  upon  the  trigger  of  the  pistol 
when  fired. 

The  Jury  then  retired  at  about  half  past  six,  and  the  Court 
having  waited  for  about  an  hour  for  their  verdiit  adjourned 
until  half  past  eight,  at  which  time  it  met  again  and  the  Jury 
entered  to  ask  some  questions,  the  principal  of  which  was  to* 
ascertain  if  it  could  be  proved  positively  that  two  guns  werer 
fired.  Tlie  answers  they  received  not  being  sufficiently  ex« 
plicit  to  elucidate  their  dou..  ,  they  could  not  come  to  a  deci-' 
sion.  They  were  \n  consequence  remanded  to  the  Albion 
Hotel,  until  Saturday  morning  at  eight  o'clock,  as  the  Court 
did  not  sii  the  next  day,  it  being  Good  Fiiday. 

Saturday f  March  29« 
This  moriring  ?t  little  after  nine  o'clock,  the  Jury  came  inta 
Court  and  delivered  their  verdict  in  the  usual  fornf,  pronouncing 
the  three  prisoners  Guilty,  but  recommending  t<he  feather. 
Suiter,  senior,  and  his  youngest  son  James  Suiter,  to  Mercy.^ 
Mr.  Aylwin  as  counseV  for  the  prisoners  took  an<  objection'  to 
the  Indictment,  as  being  informal,  the  murder  being  charged 
as  having  taken  pkice  in  the  Parish  of  St<^  Sylvestre-,  and  thetv 
being  no  such  parish.-  The  objection  was  overuled,»  and  the* 
learned  Judge  proceeded,  in*  the  most  impressive  manner,  to* 
pass  the  awful  sentence  of  the  law  on  the  unhappy  culprits,^ 
addressing  them  as  follows : 

Jamet  Suiter,  theeldery  William  SuiUr,  Jam»$  SuUtPfiUv 
younger. 


17 


If 


After  a  long  and  very  impartial  trial,  in  which  every  at- 
lenipt  has  been  made  by  your  Counsel  and  by  the  Jury  to  res- 
cue you  froui  the  convictiou  <if  murder,  you  h.ive  bet-n  found 
Guilty — Guiliy  of  the  higln^st  offrnce  in  the  black  catalopue 
of  huniau  depravity — of  the  wilful  death  of  a  ft'llow  creature, 
by  malice  aforethoiiglit,  of  oun  living  in  ti  .aniesociftj'  with 
yourselves  ;  guilty  of  no  oflence  aijaiust  _^  ..u,  but  an  honrst 
endeavouier  on  his  part  to  provide  fur  himself  and  family— 
coniniitied  against  the  possessor  of  the  property  which  waste 
furnish  his  family  and  himsell  with  the  means  of  subsistence, 
you  having  at  the  same  time  property  of  your  own,  and  he  be- 
ing proprietor  of  tho  lot  on  which  this  unfortunate  event  oc- 
curred.  The  crime  cf  murder,  almost  from  the  commence- 
ment of  time,  has  bee  '  declared  by  God  himself  to  call  for  the 
blood  of  the  murderei.  He  has  been  pleased  by  that  infinite 
justice  that  sees  the  proprii'ty  of  every  thing  to  say,  "  who- 
soever sheddeth  man's  blood  by  man  shall  his  blood  be  shed.'* 
Every  civil  society  has  passed  this  into  their  Code  of  Crimi- 
nal Jurisprudence  in  obedience,  to  the  Word  of  God,  and  ii^ 
obedience  to  the  sense  of  self  preservation,  regarding  tint  man, 
who  can  be  so  totally  insensible  to  his  duty  towards  Ids  fel- 
low creatuie  as  to  occasion  his  death  as  too  dangerous  a  Qian  to, 
exist  any  longer  in  society,  and  who  for  the  safety  of  society 
it  is  indispensably  necessary  to  remove.  Your  conduct  has 
been  aggravated  by  the  circumstances  to  which  I  have  alluded, 
and  if  1  have  alluded  to  them  at  this  moment,  f  r  be  it  from  me 
to  mean  it  as  a  reproach  to  you.  He  nmst  be  insensible  to 
your  situation  and  totally  devoid  of  evei:y  sense  of  feeling  who 
iloes  not  enter  into  all  your  thoughts  at  this  moment,  and  feel 
for  you  as  fellow  Christian  ;  far  be  it  therefore  from  me  to  en- 
large upon  this  now  as  a  matter  of  reproach  against  you.  I 
urge  it  in  this  place,  in  order  to  hold  you  up  as  an  example  to 
others.  1  have  the  preservation  of  society  committed  to  meat 
this  moment,  as  far  as  the  important  duty  I  have  to  discharge 
can  prevail  for  that  purpose  ;  and  in  order  to  draw  the  atten- 
tion of  every  one  of  this  numerous  audience  to  the  awful  situa- 
tion in  which  you  are  placed  ;  to  bring  home  (as  nuich  as  I 
can)  to  the  mind  of  every  individual  present  before  ine,  th^ 
danger  of  submitting  to  the  rule  of]  passion ;  the  necessity 
of  repressing  every  sentiirient— reyery  thing  that  looks  like  an- 
g  r  against  their  n&ighbour,  and  turning  their  attention  to  the 
rule — that  great  Rule  of  our  Creator — "You  shall  love  your 
neighbour  as  yourself;"  that  you  shall  not  meditate  any 
wrong  against  hirei — that,  above  all,  you  shall  rcgud  his  lifo 

C 


18 


•s  sacred  as  your  own.     I  do  not  monn  neither  by  any  Ctnrrji" 
that  I  say  to  encourage  a  single  idea  that  you  ouiiht  at  tiiin 
moment  to  despjiir.     1  address  you  as  nit'ii  about   lo  dio— as, 
men  about  to  l^nter  into  a  new  state  of  I'xi.steiice,  anil  to  staiiJ 
before  tlu)  judgiuciU  scat  of  God,  but  as  meii^  who  [  tru^t,  hto- 
ill  tlieir  hearts  Chiistians  ;  and  who   conseiincntly  are  ntxler  a 
firm  conviction  that,  tliough   they   be  shortly    about  to  stand 
arrufgiwd  before  that  awful  tribunal,  tliere  also  is  standing  at 
this  moin«nt  at  the  right  hand  of  that  God  an  Intercessor  on 
your  behalf — one  that  has  been  in   mortal  coil  like  yourselves 
-—one  vIm)  has  been  sensible  to  all   the   lufirmiiies   lo  wliich 
human  nature  is   subjected— 'One  wIiosd   mercy  and  foelMig» 
were  evidvnccd  through  the   whole  courje  of  his  life  passed 
upon  earth,  and  one  who  in  wonds  that  cannoi  be  mistaken^, 
that  cannot  deceive,,  has  promised  mercy  and  forgiveness  to 
all  who  shall  repent  and  turn  to  Christ.     Lot  mu  then  advise 
you  at  the  present  moment  to  turn  the  whole  course  and  ener-^ 
gy  of  your  mhids  to  that  repentance   by  which  alone  you  caa 
bo  saved.     Enter  into  yourselves,  and   tor  the  short  time  that 
remains  for  you  on   this  earth  to  dedicate  every  sentiment^ 
every  endeavour  rf  yaur  heart  and  soul  towards  obtaining  that» 
mercy  which  will  be  extended  to  you  if  it  be  sought   with  sin-, 
ceio  repentance.     It  remains  for  mo   to  exercise  the  severest: 
duty  that  can  fall  to  the  lot  of  a  judge,  to    pronojnce   against 
you  that  sentence  which  the  law  commands  this  Court  to  ren- 
der.    That  sentence  is,  that  you  James  Suiter,  the  ehler,  b» 
taken  from  hence  to  the  plarc  from   whence  you   came,   and 
that  on  Monday  next  you  be  taken  fr«m  thence  to  the  place  of 
execution,  to  be  there  hanged  by  tlw>  neck  till  you   are  dead». 
^nd  when  your  body  shall   be  dead,  that    it   be   taken  dowa 
^nd  dissected  and  anatomised. — As  to    you,  William  Suiter^ 
jho  sentence  of  the  Law  is  the  same,  that  yo«  be    taken   from 
henco  to  the  place  from  whence  you  came,  and  from  thrnce  on 
Monday  next  to  the  place  of  execution,  and  that  you  be  there 
hanged  l»y  the  neck  till  your  body    be  dead,  and  when  your 
body  is  dead,  that  it  be  taken  down  and  dissected    and  anato-. 
misjid. — As  to  you  Jamet  Suiter  younger,  the  judgment  of  the 
Law  is,  that  you  betaken  to  the  place  from  whence  you  came,, 
and  from  thence  on  Monday   next  you   be  taken  to  the  [dace 
of  execution,  and  that  you  be  there  hanged  by  the  neck  until, 
your  body  be  dead,  and  that  when  your   body  is  dead,    it  bi* 
taken  down  and  dissected  and  anatomised. — Prisoners — May 
God  have  mercy  on  your  souls. 
■"'    •  -isoacra  heard  their  fato  with  the  same  composure  thpy 


It^ 


hnd  pre!iffrvcJ  throu^liOJt  the  wliole  of  the  trial.  Jamei  the 
yoiinj|;cr  (iri^-oner,  alune,  shod  a  few  tears,  which  with  his  youth 
excited  tilt!  (-oini)ii>eiaiioi)  of  the  bystandeis. 

Tlic  Hon. Cliirf  Justice  some  time  after  informed  the  priso- 
ners that  tlioy  stood  res|)iied  until  Friday. 

Fridai/,  4  April,  1804 

This  bring  the  day  appointed  for  the  execution  of  William 
Suiter,  an  iinini>nse  croud  had  assemblt.'d  in  front  of  the  Jail 
by  9  uVlock  a.  m.  and  cont'nued  to  increase  until  a  few  mi* 
notes  after  10  when  the  unhappy  culprit  ajipeared  on  the  plat'' 
form  atteiided  by  the  Rev.  Dr.  llarkne.ss  and  the  Rev.  J. 
Clugston.  i^Ie  appealed  to  be  perfectly  resigned  to  his  fato 
and  conducted  him  elf  with  astonishing  firmness.  Me  is  about 
24  years  of  age,  and  the  crowd  appeared  to  feel  for  him  and  his 
siiflerings  in  the  highest  degree.  After  they  had  arrived  on 
the  platform  the  following  declaration  was  read  by  the  Rev. 
Dr.  llurkncsst 

Copy  of  the  Coh/ession  of  Wiltiam  Suiter,  tlxecutcd  tht  Ath 

of  April, 

••  I  do  ht't-ehy  solemnly  declare,  in  the  immediate  prospect 
of  death,  and  as  I  have  to  answer  to  Almighty  God,  at  the 
great  day  of  Judgmcnti  that  on  the  morning  of  the  sixth  day 
of  December  last^  my  mother  called  on  me  while  in  bed,  and 
desired  me  to  go  after  my  father,  as  he  had  giiWe  td  the  clpar< 
ancu  of  land  concerning  which,  he  and  Living  Lane  were  dis-* 
puting,  in  order  to  endeavour  to  prevail  upon  Lane  to  desist 
from  proceeding  in  building  a  log-house  on  it,  and  te  leave 
the  land  quietly— that  at  my  mother*s  request,  1  rosoj  took 
tiiy  gun  in  my  hand,  as  1  had  been  in  the  habit  of  doing  when 
going  into  the  bush^  and  proceeded  towards  the  clearance,  and 
that  on  my  way  thither,  I  called  at  my  brother  James*  shanty 
and  requested  him  to  accompany  me^  which  he  readily  did. 
We  did  not  come  up  to  my  father  till  he  had  actually  entered 
Upon  the  clearance  ;  shortly  afterwards  a  good  deal  of  alterca- 
tion took  |)lace  between  my  father  and  Lane,  my  father  insisting 
upon  his  right  to  the  land/and  Lane  declaring  that  he  would  not 
leave  it,  but  keep  possession  of  it.  About  half  an  hour  or 
three  quarters  of  an  hour  after  we  arrived  on  the  land,  Lano 
came  forward  on  the  logs  which  had  been  piled  up  three  deep 
for  the  commencement  of  the  intended  log-house,  and  placed 
his  left  foot  on  the  top  of  them  in  a  menacing  manner,  with  an 


Bttf-iiiiiiWi 


20 


! 


H  ) 


■\^ 


axe  in  his  right  hand,  in  such  a  way  as  led  me  to  dread  that  h€ 

intended  to  throw  it  at  my  father— and  on  strning  my  father  re-< 
tire  or  drawback,  as  ifiliruugli  fewrof  nhai  might  happen,  I 
immediately  discharged  my  gun  with  the  intent  of  maiming  tiio 
leg  on  the  log,  and  saving  my  father's  life  ;  but  with  no  other 
intent  whatever,  neither  iiarbouring  malice  against  the  de- 
ceased in  my  heart,  nor  having  any  premeditated  mischief 
against  him*  Had  it  not  been  for  David  Felkcr  and  Mr* 
Wickstead,  I  should  not  now  be  in  my  present  awful  situation. 
But  1  freely  fnri^ive  them,  and  all  othert  who  have  injured  me, 
and  pray  that  God  may  also  forgive.  I  acknowledge  the  jus- 
tice of  my  sentence,  thougJi  I  must  persist  in  declaring  with  my 
dying  breath,  that  1  had  no  intention  of  killing  Lane.  I  mourn 
bitterly  for  what  I  have  done,  but  trust  that  the  widow  and 
the  orphan  will  find  a  friend  in  God.  My  father  and  brother 
are  innocent  of  the  crime  for  which  they  were  coudemned  to 
suffer. 

**  I  publicly  confess  that  I  have  been  a  great  sinner,  and  too 
often  neglected  my  religious  duties,  but  the  crime  for  which  t 
am  about  to  suflfet  is  the  Only  otie  of  a  deep  dye  of  which  I 
feel  conscious.  I  return  my  thanks  to  the  Cli*rgy,  the  Sheriff 
and  Gaoler,  &c.  for  the  great  sympathy  whii  h  they  have 
shewn  mo  ;  and  feel  particularly  grateful  to  our  Counsel,  Mr* 
Aylwin,  fur  his  exertions  in  our  cause.  I  recommend  my  mo- 
ther and  all  my  dear  relations  to  the  mercy  and  keeping  of  God, 
and  I  trust  that  my  untimely  fate  will  be  a  warning  to  them  and 
all  others  to  guard  against  and  restrain  the  first  risings  ofpas-* 
sion,  which  too  often  leads,  as  in  the  present  instrfnce,  to  fatal 
consequences.  1  die  in  peace  and  charity  with  all  men,  and 
my  only  hope  of  pardon  and  acceptance  with  GoiJ,  is  through 
the  merits  and  meditation  of  the  Lord  Jesus  Christ,  who  is  my 
strength  and  roy  Redeemer* 


(Signed,; 
Quebec  Gaol,  4th  April  1834. 


"  WILLIAM  SUITOR* 


**  I  do  hereby  further  declare,  that  as  I  hare  to  answer  to 
God,  1  did  not  charge  the  gun  for  three  quarters  of  a  year  before 
I  discharged  it  at  Lane ;  and  I  also  solemnly  declare,  that  I 
do  not  know  who  put  in  the  charge  which  1  fired  on  the  me* 
lancboly  occasion. 

(Signed,)  "  WILLIAM  SUITER*'* 


1^  ^9m 


21 


*•  I  fnrll'er  d<»el»ire,  as  ft  (lying  ninn,  ihni  ihft  bsyrrirt  fi  tr/! 
ytn  the  stick,  whicli  my  brntlicr  JrinicK  had  in  his  hnirl,  \r.7>( 
^jroucht  from  In-hind,  nml  fixed  on  the  vr-v  samn  siick»  to  \Un 
best  of  my  ktiowlcd«:e,  afur  our  troini;  to  tluj  Bush,  tln'  peo- 
ple having  persnadtd  us  tlifii  it  wms  danfjoroiisio  l'o  in  the*  n-ood^i 
tvilhout  some  VVCiiirOn  to  defend  owrselves,  in  casQ  of  nioctin;;; 
Vith  wild  beasts. 

(Signed,)  "  WILLlAiM  .SUITIJ?. 

After  this  declaration  was  read,  tlic  utihappy  ni!piit 
gave  the  signal  and  liis  5:pirit  went  to  '*  tliat  homr  from 
which  no  traveller  returns."  The  arrangonienls  miido  by  i!i(< 
SheriflT  were  highly  judicious  niid  di<played  much  sood  fcMJiiiL'. 
Instead  of  the  crowd  being  gratified  by  the  rfivoltiii;^  spcct;i- 
cle  of  seing  a  fellow  creature  in  iho  last  agonies  (which  how- 
ever in  the  present  instance  were  not  great,  nstiio  culprit  di(>(l 
without  a  struggle),  the  boards  round  the  scaHuld  were  so  hi;:ii 
that  no  part  of  the  body  could  be  seen. 

Tlirt  following  declarations  were  prepared  by  .Tames  Suiler, 
Sen.  and  James  Suiter,  Jun.  the  day  previous  to  the  cxi-rution, 
In  the  full  conviction  that  ere  24  hours  had  ehtpsed  tliey  would 
be  numbered  with  the  dead  I 


Last  Declaration  of  Jamr.s  Suiter,  Senr. 

I  do  hereby  solemnly  declare  as  a  man  just  about  to  esiier 
into  eternity,  and  as  1  have  to  answer  to  God  at  the  great  dnv 
t>f  Judgment,  that  on  the  morning  of  the  6th  December  l;i^<, 
the  day  on  which  Living  Lano  unfortunately  was  shot,  I  lilV, 
my  house  about  one  hour  and  a  hdf  before  day  liijbt  alnv., 
took  my  gun  in  my  hand  (:is  is  the  ttsual  practice  with  pen;!!  ■ 
going  into  the  Dush)  and  proceeded  to  the  cioaraiiCe  of  lin  f. 
which  I  had  made  on  St.  Frederick's  Ilnngc,  P.iri^It  ofSu 
Sylvestre,  on  which  I  had  erected  buildings,  and  from  w!iir!i  \ 
had  taken  two  crops,  and  to  which  t  conceived  myself  lo  hTv.i 
the  best  right,  having  a  written  documen'  frouj  Mr.  WirkstPDr!, 
being  as  follows :  "  The  bearers  James  Suiter  and  Thomts 
Hardy  may  take  any  number  of  lots  above  No.  10  opposito 
Felker's  Mill." 

(Signed.)  G.  W.  WICKSTCAD. 

And  I  further  conreived  mjrselfto  haTP  the  b«st  ririht  to  •?i'? 
Uod,  because  I  hoV  a  roccnfjt  fri>rn  Mr  Wirk^ttadt  in  whit }« 


iMM* 


22 


I 


! 


hA  acknowloJgcs  the  roccipt  of  nino  dollnrs  from  me  on  account 
ofninolots,  ot'ivliicli  Drconr-c  I  an  stipiio^eii  ro  InvH  bi'iMi  in 
possession  iil  llu-  limi'  Uy  .M  .  Wuk«tt'ii  I,  nr  if  nut  \.\  p  i-^m's- 
sioM  of  ihu  wliolf,  to  Utvvi  tliu  power,  or  ri^lr,  or  pi>niiis<'iiiit  is 
graiilcd  tu  niu  by  tliu  itfortM  n.l  d  tc  i  ii.-nl  of  icki  ii;  «i;il  fiir 
mysolf  ill  ,iuy  rtiuf\t'  b'-yond  N.i.  10,  tlut  niMiniiy  of  hind  hhIH- 
cient  to  iiiiiko  up  niiic  iDti,  wliicii  wDiild  i'(i.:taiii  Hll)  <i(  r»'>— 
wlit^reas  Mr.  Wicksiru'l  dn  l;in!<i  in  a  U'.Uvv  piibliiilic  I  in  tliu 
Quebuc  RIorcnry  of  tin*  Isi  ins',  iliii  *'  III'  iiovor  eavr  ih«  Sui- 
lers  or  any  of  tliom  any  promiw  ritbt-r  v«'rbiil  or  wriiitMi,  ex- 
press or  inipliud,  or  any  locitmn  t  ckcM,  doed  or  liibiofany 
land  whalsooviT,  t'xci'|U  tho  CJO  uvrt'-i  of  wliich  tlry  Iviva 
deeds  passed  befom  F.  X.  Poiisiinl,  N.  l\,  &<•."  Now  (i  50 
acres  aro  onjy  equal  to  7  lots,  and  \\\t'  copy  of  the  letter  abovo 
adverted  to,  addressed  to  A.  JMc  Kee,  proves  beyond  power  of 
conlrudiction,  nolwitb-tiindiiiij  Mr.  Wicksiead's  sironj^  asser- 
tions in  bis  letter  publidied  in  ibe  Mi-rcnry — ibal  be  had  ac- 
tually received  nine  dollars  in  part  payment  of  1)  lots. 

But  1  forbear  to  say  any  tbin;:  fnriberoi  tbis^ubject ;  these 
are  the  facts, and  I  nnbHsiiaiiM|>ly  It-ave  it  with  a  disrorning 
public  to  pronounce  a  verdict,  kiiowinu  that  tbey  will  do  jus- 
tice as  they  love  mercy.  As  1  have  said,  1  took  my  gnu  in  my 
hand  and  proceeded  alone  to  the  clearance  with  tbo  view  cer- 
tainly of  eudeavourinjfto  canso  Lane  to  desist  from  lakint;  for- 
cible possession  «d'  what  I  conceived  to  bu  my  property,  ta 
leave  off  attempting  to  erect  a  loi;  bonso  and  to  return  home  } 
but  (  God  knows)  without  the  least  malice  in  my  heart  towards 
him  or  any  foreihou<:hi  of  evil  against  him.  While  therefore 
1  acknowledge  the  justice  of  the  sentence  passed  upon  inystdf 
and  my  unforiunale  boys,  and  thank  the  Jndire  for  his  imparti- 
ality in  suni;ring  up  the  evidence  against  us,  and  for  the  feelingf 
manner  in  which  he  passed  thu  sentence  of  the  law,  and  also 
the  Jury  for  their  long  and  patient  consitleration  of  the  evi- 
dence before  giving  in  their  ver»lir,t,  (which  1  believe  was  a 
verdict  according  to  conscience)  yet  I  must  declare  that  the 
crime  of  Murder  was  never  cither  contemplated  or  perpetra- 
ted by  any  of  us. 

I  leave  my  best  blessing  with  my  hst  farewell  to  my  dear 
wife  and  my  dear  children.  The  grace  of  our  Lord  Jesus 
Christ  be  with  you  all  and  rest  with  you  all  in  righteousness, 
justice,  wisdom  and  truth.  Seek  God  early,  it  is  surely  the 
straightway  to  heaven,  God  will  bless  yon  by  so  doing  ;  serve 
your  neighbour  at  every  time  j'ou  can  being  either  Brother  or 
Sister  to  us  all.     I  die  in  peace  and  charity  with  all  men,  audi 


2;3 


•^•f 


forglv©  all  tvho  liavo  done  f vil  or  wished  ««vil  Hpainut  me,  and 
pniiiciiliirlv  iIikv  inrlixiilnals  who  h[iv«»  ht-j-ii  lh«)  en  mo  of  now 


lA 


urgivo 


iiiiiU  II''  am  ;  m.  inv  un\s  ti>  »'\  1'.'M<>iii;u!{>iis   <it.'nlli. 
th»-iii  1  irnxt  wi;h  ihf  s|'iiil  ihit  <  'ii    S.iviuur   forutivo  lii;*  oiio« 
ui'u's.     I    iii-vci  wi^Iici!  t;  il   to  hit',)!!  mail,  hut  Mumibly   ac« 
kiiitvvh'ilui' iiiid  liiiiifnl  ihcit  I  liiivt*  too  oitcniy  si!inp(l,  wickedly 
(diiiird  iii/'iiti^t  my   lioly  iiml  hi)  ivi>iily  (''aihci,  othrrwisio  I  am 
|u;i».iM<lt  (I  he  lit  vrr  wxiild  hiivo  i.i\<'ii  miiif  «Miciiii<'s  micIi  pow* 
IT  iiviT  iiH' (n  111  liiiii^;  nil  iiitu  my  [irtxiit  (li'iiloniliU'sltiiation, 
O!  be  it  \(Mir  >iii'Iv,  ii  y  (Inir  \vi|i' iiinl « liilditii,  to  piay  earn- 
cmIv  ior  rt'|u'iit;iiu-i,'  .tixl  loriiivcncss  lor  them  as  well  as  your- 
8(>lvt.'>.     Mind  liio  Lord  and   liu  will  lu-rp  you  upon  that  hua- 
vt'iily  iiiid  .stiaiL'ht  P'lth  \vhi(  h  IimiIuiIi  to  tli<!  laud  ot'iipriglilness, 
1  thank  Aliiiiulity  (iod  lor  all  hi.^  uiuU'Sfrvcd  mercies.     lain- 
cerely  thank  tin?  Cli'i  ijv,  iho  Shtriflr,  tho  CJniiler,  Jtc.  for  their 
griM  tsyiitpathy  ami  unwearied  attention, and  I  request  Mr.  Ayl< 
will    t »  accept  the  host   thanks  of  a  man  in  my  situation  can 
olTi-r,  for  his  able  and  /ealoiiit  proftssional  service!*.     My  hope 
U  alone  in  God  ihruuj.di   the  merits  of  my  Redeemer.     I  trust 
through  the  ellicacy  of  his  peace-speaking'  blood  which  is  ablu 
to  cleanse  from  all  >\n,  I  hliallyet  sieo  Uoirs  face  in  mercy. 

JAMES  SUITER,  Senr, 


(Signed,; 
Quebec  Goal,  April  4  1831. 


ar 

MIS 

Ihe 

\vo 

I  or 

ni 


Last  declaration  of  James  Suiter,  Jun. 

I  do  hereby  solemnly  derlarc  as  1  have  to  answer  God  at  tho 
Great  day  of  Jud>;nient,  that  on  the  morning  of  the  6th  Dec. 
hist,  my  l]rother  William  called  at  my  shanty  and  told  mo  that 
lie  was  poiii|;  after  his  father,  w  ho  had  goru  to  the  clearance  iu 
dispute  between  Livinjr  Lane,  and  asked  me  to  accompany  him, 
that  I  did  so  immediately,  but  wc  did  not  come  up  with  him 
till  he  had  entered  the  isaid  clearance — That  my  Father  did 
not  call  on  mo  in  parsing — that  a  warm  dispute  or  high  words 
passed  between  my  Father  and  I/?>oe, ,  MvT^Uher  mentioned 
that  he  ha}><a:t?gjlil  tc^  t:lI&Tnntl.:£Ctvl{iliSi|  h^Uould  not  suffer 
any  perM)ti*'j<>ials?';pji)vS<»si*n:of  fhfcla*il(J;*wliTch  he  was  con* 
scions  of  r'l^ht  IJHongefl,  and^f*  wJ.ich^hpthn'):}  '.been  in  posses- 
sion for  ttiK'ff\ntl:y.hitU'yeftr«,*aii(i  frftbi -.ulHcb  Jio  had  taken 
two  crops, ''JLtiVA^i'irntionealbdi  tliVland  was  his,  and  that  he 
uasdeicnniiied  to  ke(>p  possession  of  it.  Lane,  after  we  had 
beou  about  half  an  hour  or  three  quarters  of  an  bvur  on  the 


iiMHiMiiMMiUliiMiMiiiMlilM 


■f 


24 


cif  tiifliic^,  steppiiig  forw arc!  and  placing  his  leA  foot  on  the  Fogs* 
whicli   had  bcon  pih^d   threw  deep  for  the   conimencpnient  of 
a  lo<:  hoiiso,  i\ni\  look  wildly  or  aiijriily  ut  my  failier,  whihi  he 
lu'M  ill  liis  ritiht  hand   an   HXf.     1  tlieii  [XTCPivfd  my  father 
dr.iw  biifU  a-i  il  \o  avoid  a  h!ow  aimed  ai  him,  and  at  liial  mo- 
jiit.iit  1  saw  VVihiam  (ire  lh«  giiii  which  shot  Lane,  that  I  ve- 
rily believe  as  I  am  about  to  die,  William  had   no  iutenlioiii 
whatever  of  tiiking  La»ie*s  life,  but  (»nly  of  woimding  him,  so  as. 
to  prevent  him  hurtins  my  father — that  I  myself  had  no  malice 
ill  liiy  heart  aaaiiist  Lane,  and  that  I  never  pr  nieditited  the 
uoiiiji  him  an  injury,  that  I  acknowledge  we  all  bad  a  fair  ard 
very  impartial  trial — that  I  believe  both  Judge  and  Jury  acted 
accorJiiig  to  conscience, and  I  admit  the  justice  of  my  sentence. 
I  liuncnt  exceediiijriy  that  I  have  been  a  great  sinner  a>  d  have 
lOi)  frequently  ue^'lected  hiy  religious  duties,  parlic.  iarly  that 
ofpiiiyer  to  a  throne  of  Grace  :  and  1  hope  and  trust  my  un-    J 
h<  ppy  fate  will  ce  a  warning  to  others,  especially  to  the  young, 
and  induce  them  to  mr.ke  "  celestial  wisdom  their  early  only    ;  ■ 
choice."     I  freely  forgive  all  who  have  injured  me  or  wished  !:' 
inu  ill,  and  I  pray  Ironi  my  heart  that  God  may  also  forgive  if  I 
lliem.  If 

i  die  in  peace  with  all  men — I  sincerely  thank  the  Clergy,  ;:t: 
the  Slieriif,  the  Gaoler,  &c.  for  their  great  kindness  and  atten- 
tion to  me  and  particularly  to  Mr.  Aylwin  for  rendering  every  f  il 
ai^-uiaiice  in  his  power  as  our  Counsel.  jM 

••  rStiw  ill  mi!!e  innocence  I  trust  ill 

*'  1  bow  before  thee  in  the  dust,  <:|j|i 

**  And  through  n)y  Saviour's  blood  alone  itellil 


*!■ 


StiiJj'iJS 


ill:: 


f 


m 


*'  I  look  for  mercy  at  thy  th 


( 


iSiiiiiei 


J.; 


it 


rone. 

AMES  SU1TF.R, 


mm 


Junr 


Pj^  Vr:  Gaol,  4th  Aa-"'  ^"'J*- 


^:.Nfw 


mu.: 


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iJifiiiflSSsiiS,'™ . 


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fC, 


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"^aae  , 


on  St. 
'Ontario 


If"