The Story of a Dark Plot; Or, Tyranny on the FrontierA.L.O.C.
History
The Story of a Dark Plot; Or, Tyranny on the Frontier
A.L.O.C.
Smith, William W.; Temperance
"He went to Marlboro on August 25th, and identified Kelly, whom
he saw drinking with three other men at the bar of the Central
House.
"He travelled from Fitchburg to Montreal with Mr. Carpenter, and
was present in the former's office, when Kelly acknowledged to
having committed the assault.
"Two other witnesses testified to having seen Howarth and Kelly
together at Sutton, on May 24th, where it was given out that the
latter was from the United States, and was buying horses. It was
also in evidence that Kelly was seen at Curley's hotel, Sutton,
on the evening that the assault was committed."
After these witnesses were heard, the case was put over until Spring,
to be considered and decided by the Court of Queen's Bench, which was
to be held at Sweetsburg, in March, 1895. Kelly, Howarth and Jenne
were committed for trial at that time. Jenne was released on bail, and
application was made for bail to be granted for Howarth also. This was
refused by the magistrates, and Mr. Racicot then applied to the Judge,
being opposed in his application by Mr. Duffy, the lawyer for the
Alliance.
Judge Lynch carefully considered the matter in its social and legal
aspects.
He brought up several cases in the history of the country in which
application for bail had been refused, recited the general principles
which had governed the various judges in making these decisions, and
concluded his remarks thus:
"It only remains for me now to apply these general principles,
which have received the sanction of our highest courts, to the
present case, and cannot better do so than by asking myself the
questions which were submitted by Judge Power, as being the basis
of his conclusions in the Maguire case.
"What is the nature of the crime charged against Howarth? Is it
grave or trifling? It certainly is not trifling, it is one of the
most serious known to our law, being nothing less than an
accusation of an attempt to commit murder. 2d. What is the nature
of the evidence offered by the prosecution, and the probability
of a conviction? I prefer not to discuss or consider now the
strength of the evidence which was adduced before the
magistrates, to which alone I can look. It apparently presents a
strong case, and if it is believed by the jury, and not rebutted
by other evidence, it would, in all human probability, lead to a
conviction. 3d. Is he liable to a severe punishment? Yes--to
imprisonment for life. In face, therefore, of the answers which I
am obliged to give to the foregoing questions, I cannot hesitate
as to my duty in this matter. It is important in the public
interest that Howarth should be present in court, and stand his
trial on the charge preferred against him, and nothing can or
should be allowed to interfere to prevent this from taking place.
Public-domain text, read in full here on John Shaqi.
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