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
With respect to the indictments against Collins, the Judge's appeal to
the Attorney-General was not altogether without efficacy,
notwithstanding the ill blood between them. The fact is that the latter
was glad enough of any excuse for abandoning the two prosecutions
instituted by Boulton and Jarvis, feeling well assured that there was no
likelihood of securing a conviction in either case. He could subserve
his own and his friends' interests, and at the same time assume the
appearance of deferring to the suggestion from the bench. The consent of
the prosecutors having been obtained, he therefore announced in open
Court that he would proceed no further upon those indictments. He added,
however, that there were further indictments against Collins which had
emanated from the Grand Jury, and that he could not with proper
deference to them at once relinquish proceedings therein. "But I have no
objections to state," said the Attorney-General, "that I will forbear
any further action during the present Assizes, and that in proceeding or
not hereafter, I shall be governed in a great measure by the sense which
the defendant shall show of his duty and obligations as the conductor of
a public newspaper." Bail was accordingly furnished by Collins on one of
the presentments. The other was tacitly allowed to lapse; and there, for
the time, the matter ended.
The editor of the _Freeman_ certainly gave the Attorney-General no
excuse for leaving him unmolested. In each successive issue of his paper
he lashed the whole race of officials, to some of whom he applied the
most opprobrious epithets. The Government organs pursued a similar
course on their side, and characterized Collins and his friends in
language too gross for quotation. The Attorney-General probably repented
that he had not proceeded on at least one of the indictments during the
late Assizes, and resolved that another opportunity should not pass
unimproved. The autumn Assizes opened during the second week in October,
when he attempted to press one of the old charges against Collins. The
defendant appealed to Judge Sherwood, who occupied the bench,
representing that his counsel was not in Court, and that he had never
been arraigned. The Attorney-General replied that the absence of the
defendant's counsel was not the fault of the Crown, and that he had been
arraigned at the spring Assizes. The latter statement was denied by the
defendant, and upon referring to the Clerk of Assize it appeared that
there had been no arraignment. Next day the Attorney-General again
attempted to force on the trial, but as it was clear that the defendant
had not been arraigned the latter now claimed the right to traverse. As
this right was indisputable it was conceded by the Court, the result
being that the defendant was entitled to have the trial held over until
the next sittings, which would not take place until the following
spring. The Attorney-General, however, was entitled to demand that the
Public-domain text, read in full here on John Shaqi.
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