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
The trial of the type-rioters next required consideration. Collins's
counsel moved for leave to the prosecutor to conduct this case also by
private counsel, but to this the Attorney-General firmly refused to
consent. It was urged that one of the accused was his nephew, and that
two others had been clerks in his office at the time of the outrage. No
matter; he was determined to withstand any further interference with
Crown prosecutions on the part of the bar. There was no telling, he
remarked, where such interference would end. There had already been too
much of it. He was about to proceed with the prosecution, when Mr. Rolph
arose on behalf of Collins, and expressed a wish that, as the painful
investigation of the murder case had been finished, the prosecutions for
libel might be discontinued. Judge Willis warmly seconded the proposal,
and further suggested that the prosecution of the type-rioters might
also be dropped. The type-rioters, however, were ready and waiting for
their trial, and, through their counsel, objected to any abandonment so
far as they were concerned. It was urged on their part that they had
never wished to avoid prosecution, but had rather courted it; that they
would accept of no compromise of a proceeding which had been maliciously
and vexatiously instituted, not by the person injured, but by one who,
being brought into Court for libel, had been received as a sort of
public prosecutor, and allowed to harass them by raking into old
transactions which had long since been investigated and atoned for. They
insisted upon the matter being there and then finally disposed of, so
that it might no longer be in the power of any malicious person wholly
unconnected with the case to prosecute them at his pleasure.
The trial was then proceeded with. The persons charged were of course
found guilty. Judge Willis was very lenient, and sentenced them to a
nominal fine of five shillings each, expressly stating as a reason for
this slight punishment that more than ample recompense had already been
obtained in the civil action.[123]
Public-domain text, read in full here on John Shaqi.
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