The Story of the Upper Canadian Rebellion, Volume 1Dent, John Charles
History
The Story of the Upper Canadian Rebellion, Volume 1
Dent, John Charles
Canada -- History -- Rebellion, 1837-1838; Ontario -- Politics and government
At the York Assizes held in April, 1828, Judge Willis came into such
serious public collision with the Attorney-General that the affair was
bruited abroad, and made considerable noise throughout the Province. On
Thursday, the 10th of the month, Francis Collins, editor of the
_Freeman_, was brought up on certain indictments for libel preferred
against him by Attorney-General Robinson, under circumstances which will
be detailed in a subsequent chapter. The bench was occupied by Mr.
Justice Sherwood. The Clerk was just about to proceed to arraign the
accused, when a postponement was asked for on the latter's behalf. The
application was granted, and there the matter ended for the day. Next
morning--Friday, the 11th--the bench was occupied by Justice Willis, who
then for the first time in his life presided at an Assize. He had no
sooner taken his seat than Collins rose at the bar. "May it please your
Lordship," said he, "I have a motion or two to make in Court, if I, not
being a lawyer, am in order in so doing."
"Certainly," replied the Judge; "step forward, that the Court may hear
you."
Collins then stepped forward, and addressed the Court in a speech which
had evidently been prepared for the occasion.[99] "My Lord," said he, "I
am the humble conductor of a public press in this town. I come forward
to accuse His Majesty's Attorney-General of vindictiveness and foul
partiality in the discharge of his duty as prosecuting officer for the
Crown. He has sent his nephews and apprentices as spies into my office
in order to hunt up imaginary offences. He has preferred bills of
indictment against me on supposition of libel, and I have been dragged
from my business by a common constable, and obliged to give bail in this
Court, while he, the Attorney-General, has allowed the most infamous
crimes to pass in review before him, without taking any notice whatever
of them." And so on, with much more to the same purport.
The speaker was interrupted by the Attorney-General, who had been
conferring with a member of the bar in an adjoining room, but who had
been specially summoned into Court by his clerk, Henry Sherwood, who had
informed him that Collins was making a long harangue to the Judge.
Observing that the Judge showed no disposition to put a stop to the
proceedings, Mr. Robinson requested to be informed what was the
defendant's object in addressing the Court, and whether he had made any
motion. "If Mr. Collins is allowed to proceed," replied Judge Willis, "I
dare say his object will appear." Collins accordingly proceeded:--
Public-domain text, read in full here on John Shaqi.
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