The petition is signed by the following: Colonel Irving,
A. Mabane,[1] Thomas Dunn,[1] J. Goldfrap, F. Mounier, T.
Mills, Members of the Council; Thomas Ainslie, Collector of
the Customs and Justice of the Peace; J. Marteilhe, J.P.; J.
Collins, J.P.; C. Drummond, Comp. of the Customs; J. Porteus,
Charles Grant, S. Frazer, J. Woolsey, W. Grant, G. Measam, T.
Scott, J. Werden, E. Gray, J. Aitken, Wm. Garett, G. Allsopp,
J. Antill, Gridley, H. Boone, J. Watmough, Samuel Jacobs, H.
Taylor, F. Grant, S. Lymbery, Amiet, Perras, Dusault, Deplaine,
Fleurimont, Fremont, Perrault, Bousseau, Guillemain, Panet,
Beaubien, Principal Merchants; La Naudiere, Crois de St.
Louis; Captain Grove, Royal Artillery; Colonel Irving, Captain
Prescott, Captain-Lieutenant D’Aripe, Lieutenants Mitchel,
Lockart, Dunn, Magra, Doctor Roberts, Fifteenth Regiment; Captain
Morris, Ensign Winter, Twenty-seventh Regiment; Colonel Jones,
Captains Phillips, Williams, Addison, Davidson, Alcock, Geofrey,
Lieutenants Neilson, Dinsdale, Smyth, Aderly, Hamilton, Watters,
Holland, Hawksley, Adjutant Splain, Ensigns Stubbs, Molesworth,
Fifty-second Regiment; Captains Carden, Etherington, Schloser,
Tucker, Burin, Rechat, Ensign McKulloch, Royal Americans.
Whatever the whole hubbub was about it was evidently of such
importance that the Chief Justice did not see his way to grant
the bail, and it was not until two years later that the case came
before the Grand Jury in Montreal. Meanwhile the city had been
divided in two factions.
On the 28th of February, the cases against all but Captain
Disney were thrown out by the Grand Jury,[2] but a true bill was
brought against him. This was on a Monday. Francis Masères, who
succeeded Suckling as attorney general, prosecuted for the Crown,
and Morison, Gregory and Antill defended Town Major Disney.
We may now tell the story in the words of the report of Chief
Justice Hey, transmitted to London on his return to Quebec on
April 14, 1767.
“_The bill against Major Disney being returned on a Monday,
I appointed Wednesday for his trial, his Jury, after some
few challenges on both sides, was composed of very reputable
English merchants residing at Montreal, of very fair characters
& as unprejudiced as men could be who had heard so much of so
interesting a story._
“_The only evidence that affected Major Disney was that of Mr. &
Mrs. Walker & Magovock, the substance of which I will take the
liberty to state to yr. Lordship as shortly & as truly as my
notes & my memory will enable me to do, all the other witnesses
speaking to the fact as committed by somebody without any
particular knowledge of Major Disney._
Public-domain text, read in full here on John Shaqi.
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