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
Collins, having no faith in Attorney-General Robinson's integrity, was
very unwilling that the prosecution of these cases should be conducted
by him. Boulton was not only the Attorney-General's colleague as a law
officer of the Crown, but was his warm personal friend, as well as a
connexion by marriage. Boulton, in fact, was a profound admirer and
faint _umbra_ of the Attorney-General, in whose professional sunshine he
basked, and at whose feet he may in an intellectual sense be said to
have grovelled. Even the most Spartan of Crown prosecutors could hardly
be expected to do his utmost to secure a conviction under such
circumstances; and Attorney-General Robinson had nothing of the Spartan
in his composition where the interests of his friends were concerned.
Collins accordingly applied to Robert Baldwin to conduct the prosecution
for murder. But the prosecution of criminal cases was not then open to
the bar as a matter of course, and without the consent of the Crown. Mr.
Baldwin applied to the Court for the necessary permission, which was
granted with the Attorney-General's consent. The trial was proceeded
with before Justice Willis at the opening of the Court on the morning of
Monday, the 14th. The defendants, upon being arraigned, pleaded "Not
guilty." The proceedings extended over two days, during which the same
evidence was given that had been adduced at the trial in 1817. All the
horrible details of the duel were revived for the edification of a
crowded Court-room. Many of the spectators, as well as the Judge
himself, were affected to tears. The custom of society was once more
successfully pleaded in extenuation of a cruel and dastardly murder. As
the chief offender had himself escaped scot-free, however, it would have
seemed anomalous to punish the accessaries. The charge from the bench
was eloquent and judicial, and the jury were absent from the box only
ten minutes, when they returned into Court with a verdict of acquittal.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account