The Last Laird of MacNab: An Episode in the Settlement of MacNab Township, Upper Canada
History
The Last Laird of MacNab: An Episode in the Settlement of MacNab Township, Upper Canada
MacNab, Archibald, 1778?-1860
Everything was looking up for the settlers. Lord
Durham's name was the household word for radical reform. He was the very
man for the aggrieved settlers of McNab.
While these important matters were going on through the country, the
Laird was preparing fresh suits. Mr. Allan Stewart (late Treasurer of
the Township) had inadvertently cut some timber on one of the unlocated
lots in the township. The Chief, hearing of this, at once evoked the aid
of the Attorney-General, and commenced _a qui tam_ suit against Mr.
Stewart for trespassing on the lands of the Crown.--Stewart at once went
and offered the Chief the duty. No; his Lairdship required the timber.
This Mr. Stewart refused to give. While this action was in progress, the
trial of Donald Mohr McNaughton was approaching. The Chief got his
witnesses subpoenaed, and all parties bent their steps to Perth. The
Quarter Sessions came on; Col. Alex. Fraser was elected chairman. Donald
McNaughton was put in the bar, and indicted on several counts, the
principal of which was assault with intent, etc. Daniel McMartin, Esq.,
conducted the prosecution; Mr. Radenhurst the defence. Manny Nowlan, in
his evidence, which was overstrained and exaggerated, did his best to
convict the accused. Mr. D. C. McNab, then residing with the Chief--a
mere youth--also was a witness, and simply related the facts as they
occurred. Donald Mohr was quite satisfied with the latter's evidence and
called no witnesses. Col. Fraser, to his credit be it spoken, charged
the jury to find a simple assault and entirely ignored that of a more
aggravated nature. The jury retired, and brought in a verdict of "Guilty
of simple assault of a trifling nature, under strong provocation, and
recommends the defendant to the leniency of the Court." The sentence was
L2 10s. and costs. The sentence was light, but the costs amounted to L17
5s. Scarcely had the sentence been pronounced, when an execution was
placed in the Sheriff's hands against the Chief for the balance of the
judgment for the road money. The Chief's horse was at once seized at
Cross's stables, and notices of sale freely distributed through the
town. McNaughton at once paid his fine and the costs, amounting in all
to L19 17s. 9d. Had he been a poor man, he would have been imprisoned
for months, or perhaps years, but unfortunately McNab's victim had the
means, and he was foiled somewhat in his expectations. The Court rose.
The two antagonists met at the door of the Court House.
"See what it is, Donald," exclaimed MacNab, "to oppose your Chief."
"See what it is, Chief," replied McNaughton, "not to pay your debts.
Your horse is now seized and will be sold for the road-money."
"Pho, nonsense!" said the Laird, "they would not dare to do that. You
better not get up another petition against me."
"That we will, and a dozen of them," was the reply, "now that Lord
Durham is coming out."
Public-domain text, read in full here on John Shaqi.
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