Toronto of Old: Collections and recollections illustrative of the early settlement and social life of the capital of OntarioScadding, Henry
History
Toronto of Old: Collections and recollections illustrative of the early settlement and social life of the capital of Ontario
Scadding, Henry
Toronto (Ont.) -- Description and travel; Toronto (Ont.) -- History
Besides the legal cases tried and the judgments pronounced within the
homely walls of the Old Court House, interest would attach to the
curious scenes--could they be recovered and described--which there
occurred, arising sometimes from the primitive rusticity of juries, and
sometimes from their imperfect mastery of the English language, many of
them being, as the German settlers of Markham and Vaughan were
indiscriminately called, Dutchmen. Peter Ernest, appearing in court with
the verdict of a jury of which he was foreman, began to preface the same
with a number of peculiar German-English expressions which moved Chief
Justice Powell to cut him short by the remark that he would have to
commit him if he swore:--when Ernest observed that the perplexities
through which he and the jury had been endeavouring to find their way,
were enough to make better men than they were express themselves in an
unusual way.--The verdict, pure and simple, was demanded. Ernest then
announced that the verdict which he had to deliver was, that half of the
jury were for "guilty" and half for "not guilty." That is, the Judge
observed, you would have the prisoner half-hanged, or the half of him
hanged. To which Peter replied, that would be as his Lordship
pleased.--It was a case of homicide. Being sent back, they agreed to
acquit.
Odd passages, too, between pertinacious counsel and nettled judges
sometimes occurred, as when Mr. H. J. Boulton, fresh from the Inner
Temple, sat down at the peremptory order of the Chief Justice, but
added, "I will sit down, my Lord, but I shall instantly stand up again."
Chief Justice Powell, when on the Bench, had a humorous way
occasionally, of indicating by a kind of quiet by-play, by a gentle
shake of the head, a series of little nods, or movements of the eye or
eyebrow, his estimate of an outré hypothesis or an ad captandum
argument. This was now and then disconcerting to advocates anxious to
figure, for the moment, in the eyes of a simple-minded jury, as oracles
of extra authority.
Nights, likewise, there would be to be described, passed by juries in
the diminutive jury-room, either through perplexity fairly arising out
of the evidence, or through the dogged obstinacy of an individual.
Once, as we have heard from a sufferer on the occasion, Colonel Duggan
was the means of keeping a jury locked up for a night here, he being the
sole dissentient on a particular point. That night, however, was
converted into one of memorable festivity, our informant said, a
tolerable supply of provisions and comforts having been conveyed in
through the window, sent for from the homes of those of the jury who
were residents of York. The recusant Colonel was refused a moment's rest
throughout the live-long night. During twelve long hours pranks and
sounds were indulged in that would have puzzled a foreigner taking
notes of Canadian Court House usages.
Public-domain text, read in full here on John Shaqi.
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