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
defendant should find security, and promptly urged his demand. Collins
knew that were he to find the required security it would embarrass him
in the conduct of his paper, and stated that he would prefer to be tried
at once rather than adopt such an alternative. He was accordingly tried,
and, though the prosecution was pressed against him with all the vigour
at the Attorney-General's command, he was acquitted by the jury.
But the Attorney-General was not the man to allow his prey to escape him
while any chance remained of securing a conviction. A fresh indictment
was laid against him for a personal libel upon the Attorney-General
himself. Collins, in reporting the trial which had just resulted in his
acquittal, had accused the Attorney-General of "open palpable
falsehood," and "native malignancy," and had referred to Judge Hagerman
as "our old customer." This report had been published at full length in
the _Freeman_, and it was the ground of the prosecution now instituted.
The defendant laboured under the same compulsion with regard to security
as before, and elected to stand his trial at once, which was precisely
what the Attorney-General desired. The indictment, which may still be
seen among the records at Osgoode Hall, was a truly formidable
instrument, and set out the offence with great prolixity. The trial took
place on Saturday, the 25th, before Mr. Justice Sherwood, who, in
charging the jury, inveighed against the defendant with nearly as great
vehemence as did the Crown prosecutor, stigmatizing him as "a wholesale
retailer of calumny." He pronounced the _Freeman's_ report to be "a
gross and scandalous libel."[124] It was plainly evident that Mr.
Sherwood's mind was not equable, and that he was influenced by
considerations not properly before him. The fact that his son Henry, and
his brother-in-law, H. J. Boulton, had respectively been prosecuted for
riot and murder at Collins's instigation was too clearly held in
remembrance, insomuch that every point was strained to the utmost
against the defendant. Judge Sherwood, however, was absent from the
bench when the jury returned into Court with their verdict, his place
being taken by Judge Hagerman, who had many times been subjected to the
arrows of Collins's satire, and who was referred to with bantering
contumely in the very report which formed the subject of the present
prosecution. The jury, after deliberating about five hours, brought in a
verdict of "Guilty of a libel on the Attorney-General." The Clerk
recorded a general verdict of "Guilty," which was read to the jury. The
defendant's counsel objected to the recording of the verdict in this
form, inasmuch as the jury had found his client guilty of libel on the
Attorney-General only. A brief argument on the subject ensued, whereupon
the Judge charged the jury to the effect that such a verdict as they had
found could not be received. He informed them that if they found the
Public-domain text, read in full here on John Shaqi.
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