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"My men," he said, as he went from covert to covert, from bluff to bluff, "you know the work that lies before you; I need not repeat it to you. Do not expose yourself, and do not fire unless you have a tolerable target." Then he arranged a system of signals, chiefly low whistles and calls, by which the men would be able to know when to advance, retire, lie close, make a dash, or move from one part of the ground to another.
"They will at first fall into an ambush," he said, "then, my men, be nimble. In the panic there will be a rich harvest for you. Bring down the General if you can. Wherever an officer is in range, let him have a taste of your lead in preference to the privates." Then he lay close and watched, and listened, many times putting his ear to the ground. At last he gave an exclamation. It was in a whisper; but the silent rebels who lay there, mute as the husht trees around them, could well hear the words, "they come!"
Let me now briefly describe the position which the rebel had chosen for himself. About five miles from McIntosh's stand two bluffs, about five hundred yards apart, thickly wooded on the top. Between these bluffs is a level open prairie that extends backward about a thousand yards, across which there runs a deep ravine, thickly timbered at the bottom.
Now, on the morning of Friday, the twenty-fourth of April, General Middleton, who was still on the march to Batoche's, was riding with his staff, well in front. With him was Major Boulton's Horse, who acted as scouts. As they were passing the two bluffs named, suddenly the crack of musketry rang out upon the prairie. Major Boulton now perceived that he had fallen into an ambush. At the same time that deadly balls and buck-shot came whistling and cutting spitefully through the air, there arose from both bluffs the most diabolical yelling. For miles over the silent prairies could these murderous yells be heard. Nor were the rebel balls fired without effect. Captain Gardner fell bleeding upon the ground, and several of the men had also fallen.
General Middleton, who had been some little distance in the rear was speedily apprised of the surprise, and dashing on toward the rebels' hold he met Boulton's Horse retiring for reinforcements. Then "A" Battery, the 90th regiment, and "C" Company, Toronto, with enthusiastic cheering, began to cry out: "Show us the rebels!"
In a little while the firing became general, and our men struck out extending their formation as they neared the edge of the coulee, from which puffs of smoke were already curling up. Twenty of Dumont's men, with Winchesters, fired over a natural shelf or parapet protected by big boulders. The column was divided into two wings, the left consisting of "B" and "F" Companies of the 90th, with Boulton's mounted corps, and the right of the rest of the 90th, "A" Battery, and "C" School of Infantry. The left wing, "F" company leading, came under fire first. As the men were passing by him; Gen. Middleton shouted out:
"Men of the 90th, don't bend your heads; you will soon be there; go in, and I know you'll do your duty."
The men were bending down, partly to avoid the shots and partly because they were running over the uneven, scrubby ground. Colour-Sergeant Mitchell, of "F" company (one of the famous Wimbledon Mitchells), displayed great coolness, and afterwards did good execution with a rifle when the troops had entered the bush. "A," "C," and "D" Companies of the 90th, with "A" Battery and the School of Infantry, were on the right, the whole force forming a huge half-moon around the mouth of the coulee. The brush was densely thick, and as rain was falling, the smoke hung in clouds a few feet off the muzzles of the rifles.
Here the 90th lost heavily. Ferguson was the first to fall. The bandsmen came up and carried off the injured to the rear, where Dr. Whiteford and other surgeons had extemporized a small camp, the men being laid some on camp-stretchers and some on rude beds of branches and blankets. "E" company of the 90th, under Capt. Whitla, guarded the wounded and the ammunition. General Middleton appeared to be highly pleased with the bearing of the 90th as they pushed on, and repeatedly expressed his admiration. He seemed to think, however, that the men exposed themselves unnecessarily. When they got near the coulee in skirmishing order, they fired while lying prostrate, but some of them either through nervousness or a desire to get nearer the unseen enemy, kept rising to their feet, and the moment they did so Dumont's men dropped them with bullets or buckshot. The rebels, on the other hand, kept low. They loaded, most of them having powder and shot bags below the edge of the ravine or behind the thicket, and then popped up for an instant and fired. They had not time to take aim except at the outset, when the troops were advancing.
Meanwhile the right wing had gone into action also. Two guns of "A" Battery, under Capt. Peters, dashed up at 10:40 o'clock, and at once opened on the coulee. A couple of old barns far back to the right were knocked into splinters at the outset, it being supposed that rebels were concealed there; and three haystacks were bowled over and subsequently set on fire by the shells or fuses. Attention was then centred on the ravine. At first, however, the battery's fire had no effect, as from the elevation on which the guns stood, the shot went whizzing over it. Dumont had sent thirty men to a small bluff, covered with boulder and scrub, within 450 yards of the battery, and these opened a sharp fire. The battery could not fire into this bluff without running the risk of killing some of the 90th, who had worked their way up towards the right of it. Several men of "A" were struck here. The rebels saw that their sharpshooters were causing confusion in this quarter, and about twenty of them ran clear from the back of the ravine past the fire of "C" and "D" companies to the bluff, and joined their comrades in a rattling fusillade on "A." Fortunately, only a few of them, had Winchesters. "A" moved forward a little, and soon got the measure of the ravine. The shrapnel screeched in the air, and burst right in among the brush and boulders, smashing the scraggy trees, and tearing up the moss that covered the ground in patches. The rebels at once saw that the game was up in this quarter, though they kept up a bold front and seldom stopped firing except when they were dodging back into new cover. In doing this they rarely exposed themselves, either creeping on all fours or else running a few yards in the shelter of the thicket and then throwing themselves flat on the ground again, bobbing up only when they raised their heads and elbows to fire.
The shrapnel was too much for them, and they began to bolt towards the other side of the ravine, where our left wing was peppering them. This move was the first symptom of weakness they had exhibited, and Gen. Middleton at once took advantage of it and ordered the whole force to close in upon them, his object apparently being to surround them. The rebel commander, however, was not to be caught in that way. Instead of bunching all his forces on the left away from the fire of the artillery, he sent only a portion of it there to keep our men busy while the rest filled off to the north, retiring slowly as our two wings closed on them. Dumont was evidently on the look-out for the appearance of Col. Montizambert's force from the other side of the river.
The general advance began at 11.45 a.m., Major Buchan of the 90th leading the right wing, and Major Boswell of the same corps the left. When the rebels saw this a number of them rushed forward on the left of the ravine, and the fighting for a time was carried on at close quarters, the enemy not being over sixty yards away. An old log hut and a number of barricades, formed by placing old trees and brushwood between the boulders, enabled them to make it exceedingly warm for our men for a time. At this point several of the 90th were wounded, and General Middleton himself had a narrow escape, a bullet going through his fur hat. Captains Wise and Doucet, of Montreal, the General's Aide-de-camps, were wounded about this time. "C" infantry behaved remarkably well all through, and bore the brunt of the general advance for some time, the buckshot from the rebels doing much damage. The rebel front was soon driven back, but neither here nor at any other time could the rebels' loss be ascertained. The Indians among them, who were armed with guns, appeared to devote themselves mainly to shooting the horses. A good many Indians were hit, and every time one of them was struck the others near him raised a loud shout, as if cheering. The troops pressed on gallantly, and the rebel fire slackened, and after a time died away, though now and then their front riflemen made a splurge, while the others made their way back. Captain Forrest, of the 90th, headed the advance at this point, Lieutenant Hugh J. Macdonald (son of Sir John Macdonald), of this company, who had done excellent service all day, kept well up with Forrest, the two being ahead of their men, and coming in for a fair share of attention from the retreating rebels. Macdonald was first reported as killed and then as wounded, but he was not injured, though struck on the shoulder by spent buckshot. Forrest's hat was shot off. At 12.50 the rebels were far out of range, going towards Batoche's, and the Battle of Fish Creek was practically over. [Footnote: I am chiefly indebted to the Toronto Mail for the foregoing account of the battle.]
During the battle, many instances of the greatest bravery are recorded. Private Ainsworth, of the 90th, was seen to leap upon the shoulders of a savage, who, in company with another, had endeavoured to cross the flat land and get shelter, wresting his gun and felling him to the earth with the butt of it, then securing the rifle firing at and killing the other Indian. While doing this, he was exposed to the fire of a score of guns, getting riddled with buck-shot and being struck with bullets. But the greatest daring and bravery were exhibited by Watson, of the Toronto School of Infantry. Finding it impossible to dislodge the enemy, he rushed headlong for the ambuscaded half-breeds, followed by a score of his comrades whom it was impossible to control. The war-cries of the Indians, the huzzas of the troops, and the rattle of musketry fairly echoed for miles, as evidenced by the statements of the west side contingent upon arriving on the scene. Watson paid the penalty of his daring by death, while the narrow escape of many others were remarkable. The utmost bravery all the while was displayed by our troops. When a man fell his comrade would pause for a moment, and say:
"I hope you are not badly hurt," and then again look out for the enemy. Some of the men who received only slight wounds were anxious to remain in the fight, but their officers insisted that they should be taken to the rear, and attended to by the surgeons. Upon couches made of boughs, and covered with blankets, the brave young fellows were placed; and many of them submitted to probings and painful management of wounds without making a murmur. They seemed not to be concerned for themselves, but went on all the while enquiring as to how it was "going with the boys."
General Middleton, himself a veteran soldier, expressed as I have already stated, his admiration for the bravery of all the men who were engaged. There was no bolting, even in the face of heavy fire; no shrinking, although one man in every eight had been struck by the enemy's shot or bullets. Major Boulton had many narrow escapes, while he was standing for a moment, a hail of buckshot came whistling by his ear, burying itself into his horse, which was killed instantly. The Scouts, known as Boulton's Horse, under this brave officer, bore very gallantly their portion of the battle's brunt. Half-breads and Indians had orders from their leaders to shoot down horses as well as men; and Dumont frequently said, that the mounted men were the only ones of the force of the enemy for which he cared anything. Several of the horses were shot, and many of the men were riddled with buck-shot, but they bravely stood their ground. In the night, when the weary were sleeping after the hard day's work, dusky forms could be seen by the light of the moon, creeping stealthily towards where slept the gallant Scouts. The Guard heard a crackle, and turning, perceived three pairs of eyes gleaming with ferocity in the shadow of a clump of poplars.
"Qui vive?" he cried, and raised his rifle; but before he could take aim, three shots rang out through the still night, and he fell dead, pierced by as many bullets. There was a general alarm through the camp, but no eye could detect the form of a Rebel. They were safe among the shadows in the ravine. In the few moments of silent horror that ensued after the commission of the murder, three diabolical yells sounded from the ravine, and far over the moon-lit prairies. Then divers voices were heard in the bluffs, and down in the gorge. These came from Dumont's men, who jeered, and cried that they hoped the soldiers enjoyed the pastime of watching their dead.
On the following day, the bodies of the brave young fellows who had fallen, after being decently, and decorously disposed in death, were brought to the graves hollowed out in this far-away wilderness by the hands of old comrades. It was a very sad spectacle indeed. The death of brave soldiers is always mournful to contemplate; but war is the trade of regulars, and they expect death, and burials in distant sod. But war is not the trade of our volunteer soldiers. They are mere young fellows, of various pursuits of life, and death and burial away from home lose nothing of their sorrowful surroundings, because the taking off has been at the hands of rebel murderers. General Middleton conducted the ceremonies; and here upon the wide, husht prairie, which will soon deck the graves with flowers, they were laid away. The brave young fellows who faced the Rebels' shot and ball without failing, faltered now, and many of them wept copious tears.
On the following day, General Middleton began to make ready for his march toward Batoche's, where the Rebels' stronghold is located. Meanwhile the following sick and wounded have been left at the hospital at dark's Crossing, under the care of Dr. Orton: Captain Clark; Privates Hislop, Harris, Stovel, Matthews, Code Jarvis, Canniff, Lethbridge, Kemp, Bruce; Captain Gardner; Privates Perrin, King, Dunn, McDonald, Cummings, Jones, R. Jones, Wilson, Morrison, Woodman, Imrie, Asseline, Lailor; Sergeant Mawhinney, Private Wainwright.
The following is a list of the killed and wounded from the outbreak of the Rebellion to the close of Colonel Otter's engagement with Pound maker, Big Bear and other Indian bands:—
Killed at Prince Albert:—
Constable T. G. Gibson; Constable G. P. Arnold; Constable Garrett; Capt. John Morton; W. Napier; C. Page; James Blakey; J. Napier Elliott; Robert Middleton; D. Mackenzie; D. McPhail; Charles Newitt; Joseph Anderson; Alexander Fisher.
Wounded at Prince Albert:—
Capt. Moore; A. MacNab; Alex. Stewart; Inspector J. Howe; Corporal Gilchrist; S. F. Gordon; A. W. Smith; J. J. Moore; A. Miller.
Killed at Frog Lake:—
T. T. Quinn, Indian Agent at Frog Lake; Father Fafard; Father Marchand; John Delaney, Farm Inspector; J. A. Gowanlock; Mrs. Gowanlock; Charles Gouin; William Gilchrist; Two Lay Brothers; John Williscraft; James K. Simpson, and two Hudson Bay men made prisoners, and probably murdered by Frog Lake Indians.
Killed at Fort Pitt:—
Constable Cowan, N. W. M. P.
Wounded at Fort Pitt:—
Constable Lonsley, N. W. M. P
Killed at Fish Creek:—
Lieut. Swinford, 90th; Private Hutchinson, No. 1 Company, 90th; Private Ferguson, No. 1 Company, 90th; Private Ennis, No. 4 Company, 90th; Gunner Demanolly, "A" Battery; Arthur Watson, School of Infantry; D'Arcy Baker, Mounted Infantry; Gunner Cook, "A" Battery; Wheeler, 90th; Ainsworth, "A" Battery,
Wounded at Fish Creek:—
Capt. Clarke, 90th; Capt. Wise, A. D. C.; Lieut. Doucett, A.D.C; Lieut. Bruce, M. I.; Capt. Gardner, M. I.; Private C. F. King, M. I.; Private H. P. Porin, M. I.; Private J. Langford, M. I.; Gunner Asseline, "A" Battery; Gunner Emeye, "A" Battery; Bombardier Taylor, "A" Battery; Sergeant-Major Mawhinney, "A" Battery; Driver Harrison; Private H. P. Wilson; Private E. Mannsell; Private Walter Woodman; Private R. H. Dunn, School of Infantry; Private H. Jones, School of Infantry; Private R. Jones, School of Infantry; Col.-Sergt. Cummings, School of Infantry; Corporal Lethbridge, 90th; Private Kemp; Corporal Code; Private Hartop; Private Blackwood; Private Canniff; Private W. W. Matthews; Private Lovell; Private Cane, 10th Royals; Private Wheeeling, 10th Royals, knee dislocated; Private Hislop, 90th; Private Chambers, 90th; Corporal Thecker, 90th; Private Bouchette, 90th; Private Swan 90th; Corporal Brown.
Killed at Battleford:—
Frank Smart, shot on picket.
Killed by Indians:—
John Walkinshaw and Albert Harkness.
Killings and Woundings elsewhere:—
Sergeant Snyder, injured by explosion at Peterboro; Lieut. Morrow, accidentally shot; Private Moberley, broken arm; Kelsey, Midland Battalion, jumped from train, probably lost; G. H. Douglass, injured by fall from horse; Marwich, Halifax Battalion, died from exposure, a member of the 9th (Quebec) Battalion, died from exposure; Farm Instructor Payne; Barnez Fremont, rancher, Achille Blois, 9th Quebec, died from fever.
Killed at Poundmaker's Reserve:—
Private Arthur Dobbs, Battleford Rifles; Bugler Foulks, School of Infantry; Corporals Laurie and Sleight, and Trumpeter Burke, Mounted Police; Privates Rogers and Osgoode, Governor-General's Foot Guards; Teamster Winder, of Regina.
Wounded at Poundmaker's Reserve:—
Col-Sergt. Cooper, in the hip, Private G. Varey, in the shoulder, Private Lloyd, in the shoulder, and Private G. Watts, in the thigh, Queen's Own Rifles. Lieut. Pelletier, in the thigh, Sergt. Gaffney, in the arm, Corporal Morton, in the groin, and Gunner Reynolds, in the arm, "B" Battery. Sergt. Winters, in the face, Private McQuillan, in the side, Governor-General's Foot Guards. Sergt. Ward, in the shoulder, Mounted Police. Sergt.-Major Spackman, in the arm, Bugler Gilbert, in the arm, Infantry School.
Killed at Batoche:—
Gunner Wm. Phillips, "A" Battery, Quebec; Private T, Moor, No. 3 company, Royal Grenadiers, Toronto; Capt. John French, scout; Capt. Brown, scout; Lieut. Fitch, 10th Royal Grenadiers, shot through the heart; W. P. Krippen, of Perth, a surveyor; Private Haidisty, 90th Winnipeg Battalion; Private Fraser, 90th Winnipeg Battalion. Of the foregoing the last six were killed on Monday, the first on Saturday, and Private Moor on Sunday.
Wounded at Batoche:—
Tenth Royal Grenadiers:—Major Dawson, slightly in the ankle, able to limp about; Capt. Manley slightly in the foot; Capt. Mason flesh wound in the thigh; Staff Sergt. T. M. Mitchell, slight wound in the eye; Private R. Cook in the arm; Private G. Barbour, slight scratch in the head; Private G. W, Quigley, flesh wound in the arm; Private J. Marshall in the calf; Private H. Wilson, slight wound across the back; Bugler, M. Vaughan, in the finger; Private Scovell, slight flesh wound; Private Stead, slight flesh wound; Private Cantwell.
The 90th Battalion:—Corp. Gillies, Sergt.-Major Watson, Private O. A. Wheeler, Private Young, Sergt. Jackes, Private M. Erickson, Private Kemp.
Surveyor Scouts:—Lieut Garden.
Capt. French's Scouts:—Trooper Cook.
"A" Battery:—Driver Jas. Stout, Gunner Fairbanks, Gunner Charpentier, Gunner Twohey.
Midland Battalion:—Lieut. Geo. Laidlaw, Lieut. Helliwell, Corp. Helliwell, Private Barton.
Meanwhile the campaign goes on, and we know not what tidings any day may bring forth. There is no use now in having long discussions as to whose shoulders should bear the responsibility of all the devastation, terror, misery and blood; the duty of the hour is to put an end to the Rebellion. Riel must be captured at any cost; so, too, must Dumont. Men so strongly a menace to public peace as Riel and his bad and fearless ally, Dumont, must not be given the opportunity again of covering the land with blood. There must be a pretty wholesome hanging in the North-West, and the gentlemen whom the authorities must give first attention to are the two villains just named, Poundmaker, Big Bear, Little Pine, Lucky Man, and those bloody wolves who perpetrated the butcheries at Frog Lake.
I have said that this is not the place to discuss at length the question of the Government's responsibility for this blood, and sorrow, and misery. Neither is it. Yet one and all believe, though thousands will belie their convictions, that there has been a criminal mismanagement of these half-breed people by the authorities at Ottawa.
I have been obliged to show that in the past, many of our French co-patriots bestowed a most astonishing and unjustifiable sympathy for Riel. I am glad to be able to say that in the present case, while censuring the Government for its indifference to the grievances of the half-breeds, they have no word of justification for the murderous apostle of tumult. Bishop Langevin, brother of the Hon the Minister of Public Works, issued a pastoral, in which there was no uncertain sound. He called upon the faithful sons of the country within his diocese to come forward and join hands against a cause of tumult, destruction and murder.
THE TRIAL AND EXECUTION OF LOUIS RIEL.
On the 20th of July the Court met, when Riel was formally arraigned, the clerk reading the long indictment. In reply to the interrogation whether the prisoner pled guilty to the charge of treason, his counsel rose and took exception to the jurisdiction of the Court. The plea entered by the defence was to the affect that the presiding stipendiary magistrate was incompetent to try a case involving the death penalty, and urged that Riel should be tried by one of the duly constituted courts in Ontario or in British Columbia. Mr. Christopher Robinson, Q.C., for the Crown, asked for an adjournment for eight days, to prepare a reply to the plea, which was granted. The Court then adjourned to the 28th instant.
On the re-opening of the Court, counsel expressed themselves ready to proceed. Only a few minutes were taken up in selecting a jury. Twelve persons were called, five of whom were peremptorily challenged by the defence, and one by the Crown. The remaining six were sworn in to try the prisoner at the bar. Their names are as follows: —H. J. Painter, E. Everett, E. J. Brooks, J. W. Merryfield, H. Dean, and F. Crosgrove. During the selection of the jury, it is observed by a correspondent of The Mail, to whom we shall be indebted for the reports of the trial, in making the present abstract, "that Riel anxiously watched the face of every man as he was selected and sworn, as though he could read their inmost thoughts as they took the oath."
After reading the indictment to the jury, Mr. B. B. Osler, Q.C., opened the case for the Crown, in which he explained the nature of the charge against the prisoner, whose career he traced through the successive steps of the rebellion, and indicated the weight and character of the evidence to be brought against its wicked instigator and chief leader. The plea of the defence of the incompetence of the Court to try the case, was first answered by the learned counsel, who remarked, that the character, and composition of the Court, as well as the provision for the trial of capital offences by a jury of six men instead of twelve, were in harmony with the Dominion Law enacted for the Government of the Territories, and that the Dominion Parliament had the right, under the British North America Act, to make that law. "The absence of the Grand Jury was explained, on the ground that such juries were essentially county organizations, and were impossible in large districts with small and scattered populations." The same reason explained the limiting of the jury to half the usual number. It was also stated that the Crown deemed it unwise, if indeed it were not impossible, to issue a Special Commission for the trial of the prisoner.
Mr. Osler proceeding said, that Riel not only aided and abetted the illegal acts of the rebels, but directed these acts.
"The testimony he claimed," says a writer in The Illustrated War News, "was abundantly sufficient to bring home to the prisoner his guilt in the charges against him. He (Mr. Osler) read the document in Riel's handwriting to Crozier, in which Riel threatened a war of extermination against the whites, and traced the prisoner's conduct afterwards to show that he had tried to carry out that threat. It was no constructive treason that was sought to be proved, but treason involving the shedding of brave men's blood. The accused had been led on, not by the desire to aid his friends in a lawful agitation for redress of a grievance, but by his inordinate vanity and desire for power and wealth."
"The first overt act of treason was committed," continued Mr. Osler, "when the French half-breeds were requested by Riel to bring their arms with them to a meeting to be held at Batoche on March 3rd. This indicated that the prisoner intended to resort to violence. On the 18th instant they find him (Riel) sending out armed men and taking prisoners, including Mr. Lash, the Indian agent of the St. Lament region, and others, also looting the stores at and near Batoche, stopping freighters and appropriating their freight. A few days later the French half-breeds were under arms, and were joined by the Indians of the neighbourhood, who were incited to rise by the prisoner. On the 21st inst. Major Crozier did all he could to get the armed men to disperse, but directed by Riel, they refused to do so, and taking their orders from him, they continued in rebellion. He held a document in his hands, in the prisoner's handwriting," added Mr. Osler, "which contained the terms on which Fort Carlton would be spared attack by the surrender and march out of Major Crozier and the mounted police. This document was never delivered, but was found with other papers in the rebel council chamber after the taking of Batoche. It was said in this notification to Crozier that the rebels would attack the police if they did not vacate Carlton, and would commence a war of extermination of the white race. This document was direct evidence of the treasonable intentions of the prisoner. Ten days previously Riel declared himself determined to rule or perish, and the declaration was followed by this demand. It would be said that, at last, when a clash of arms was imminent, Riel objected to forcible measures; but this document was a refutation of that assertion. At Duck Lake the prisoner had taken upon himself the responsibility of ordering his men to fire on the police. At Fish Creek, if Riel was not there, he directed the movement, and was therefore responsible. On the day of the fight he went back to Batoche to finish the rifle-pits. In the contest at Batoche the prisoner was seen bearing arms, and giving such directions as would show that he was the main mover. His treatment of the prisoners, his letters to Middleton, and other documents would show Riel's leadership. A letter found in Poundmaker's camp would show his deliberate intention of bringing on this country the calamity of an Indian war. All this would be proven, and it would be shown that the prisoner had not come here to aid his friends in the redress of grievances, but in order to use the half-breeds for his own selfish ends." Mr. Osler closed with a reference to the death and suffering which had been caused by the ambition of one man, and impressed upon the jury the grave responsibility they were charged with in bringing his crime home to the prisoner.
The first witness called by the Crown was DR. WILLOUGHBY, of SASKATOON. After having been sworn, witness said that the prisoner had stated to him that the Fort Garry trouble, when Scott had been shot, was nothing to what was going to take place. He said that the Indians only waited for him to strike the first blow to join him, and that he had the United States at his back. He seemed greatly excited, and said:—"It is time, doctor, that the breeds should assert their rights, and it will be well for those who have lived good lives." A party of armed men then drove up, and Riel said, pointing to them, "My people intend striking a blow for their rights. They have petitioned the Government over and over again, the only reply being an increase of the police force each time." The Indians, he said, had arranged their plans, and when the first blow was struck they would be joined by the American Indians. They would issue a proclamation, and assert that the time had arrived for him to rule the country or perish in the attempt. He promised to divide the country into seven equal portions, one of which was to be the new Ireland of the new North-West. He said the rebellion of fifteen years ago was not a patch on what this would be.
THOS. McKAY, a loyal half-breed, was next called, who testified that he joined the Volunteer contingent from Prince Albert which formed part of Major Crozier's command at Duck Lake. Previous to that engagement he accompanied Mr. Hillyard Mitchell in his mission to Batoche, where the rebels had their headquarters. His object in going to Batoche was to point cut to the French half-breeds the danger they were getting into in taking up arms. On arriving at the village he was met by an armed guard who conducted him, with Mr. Mitchell, to the rebel council room, where he was introduced to Riel "as one of Her Majesty's soldiers." We here quote part of the examination, by Mr. Christopher Robinson, of this Witness.
Q.—Who introduced you to the prisoner?
A.—Mr. Mitchell introduced me to Mr. Riel as one of Her Majesty's soldiers.
Q.—That is Mr. Hillyard Mitchell?
A.—Yes. I shook hands with Mr. Riel and had a talk with him. I said, "There appears be great excitement here, Mr. Riel." He said, "No, there is no excitement at all; it was simply that the people were trying to redress their grievances, as they had asked repeatedly for their rights; that they had decided to make a demonstration." I told him it was a very dangerous thing to resort to arms. He said he had been waiting fifteen long years and that they had been imposed upon, and it was time now, after they had waited patiently that their rights should be given, as the poor half-breeds had been imposed upon. I disputed his wisdom and advised him to adopt different measures.
Q.—Did he speak of himself at all in the matter?
A.—He accused me of having neglected my people. He said if it was not for men like me their grievances would have been redressed long ago, that as no one took an interest in these people he had decided to take the lead in the matter.
Q.—Well?
A.—He accused me of neglecting them. I told him it was simply a matter of opinion, that I had certainly taken an interest in them, and my interest in the country was the same as theirs, and that I had advised them time and again, and that I had not neglected them. I also said that he had neglected them a long time if he took as deep an interest as he professed to. He became very excited, and got up and said, "You don't know what we are after—it is blood, blood; we want blood; it is a war of extermination. Everybody that is against us is to be driven out of the country." There were two curses in the country—the Government and the Hudson Bay Co. He further said the first blood they wanted was mine. There were some little dishes on the table, and he got hold of a spoon and said, "You have no blood, you are a traitor to your people, your blood is frozen, and all the little blood you have will be there in five minutes"—putting the spoon up to my face, and pointing to it. I said, "If you think you are benefiting your cause by taking my blood, you are quite welcome to it." He called his people and the committee, and wanted to put me on trial for my life, and Garnot got up and went to the table with a sheet of paper, and Gabriel Dumont took a chair on a syrup keg, and Riel called up the witnesses against me.
At this juncture Riel was called away to attend a committee meeting of the rebel government. Subsequently, by the mediation of Hillyard Mitchell, Riel's wrath at McKay was placated, and he was allowed to return to Fort Carlton with his intercessor. Before leaving, Riel apologized to McKay for what he had said to him, and asked him to join the insurgents, which witness, of course, would not do, being a loyal half-breed and a volunteer in the ranks of the Prince Albert contingent with Crozier at Fort Carlton.
McKay then detailed the incidents of the disastrous engagement with the rebels at Duck Lake, and gave strong testimony to criminate Riel, which the counsel for the defence utterly failed to shake.
The next witness WAS JOHN ASTLEY, surveyor of PRINCE ALBERT, who was long prisoner of Riel's at Batoche, and the rebel chief's messenger on the day of the taking of the village by the loyal forces under Middleton. The witness gave a vivid description of his capture and imprisonment by Riel, and his subsequent release by the volunteers at Batoche. Riel acknowledged to him that he ordered his men in the name of the Almighty to fire at Duck Lake. He did not do so, however until, as he thought, the police had fired. Riel told him he must have another fight with the soldiers to secure better terms of surrender from Gen. Middleton.
SECOND DAY OF THE TRIAL.
The second day of the Riel trial brought out sufficient evidence to incriminate the prisoner, and to lead the Crown prosecutors to waive the calling of other witnesses. During the proceedings the prisoner, it is reported, manifested more interest than he did on the first day of the trial, and his dark penetrating eye restlessly wandered from witness to counsel, and from bench to jury. "All day long a couple of medical men sat watching his actions, to discover, if possible, whether his mind was affected or not." His disagreement with his counsel towards the close of the day, caused an exciting break in the proceedings.
GEORGE KERR, of Kerr Brothers, BATOCHE, was the first witness sworn. He testified that on the 18th of March, Riel, with some fifty armed half-breeds, came to his store, and demanded, and obtained, all his guns and ammunition. His store was sacked, and later on he was himself taken prisoner, but was subsequently released. Riel, he testified, directed the rebel movements in concert with Gabriel Dumont.
HARRY WALTERS, another storekeeper at BATOCHE, was then examined, and gave similar testimony as to the sacking of his store, and of Riel's demand for arms and ammunition. On his refusing to accede to the demand of the prisoner and the breeds with him, Riel said, "You had better do it quietly. If we succeed, I will pay you; if not, the Dominion Government will." I refused, said Walters, and they forced themselves in and took the arms. I was arrested shortly after. Riel said the movement was for the freedom of the people. The country, if they succeeded, was to be divided, giving a seventh to the half-breeds, a seventh to the Indians, a seventh to church and schools, the remainder to be Crown Lands. I was kept prisoner three days, being liberated by Riel. Riel said, God was with their people, and that if the whites ever struck a blow, a thunderbolt would destroy them. They took everything out of my store before morning, the prisoner superintending the removal of the goods.
HILLYARD MITCHELL sworn, was examined by Mr. Osler. He said—I am an Indian trader, have a store at Duck Lake; heard there was an intention by rebels to take my store. I went to Fort Carlton and saw Major Crozier on the Thursday prior to the Duck Lake fight; saw prisoner on that Thursday at Batoche. Saw some people at the river armed. At the village I saw some English half-breed freighters who had been taken prisoners by Riel, and their freight also taken. Philip Garnot took me to the priest's house. I saw the prisoner there with Charles Nolin, Guardupuy and others. I think this was on the 19th of March. I told Riel that I had come to give some advice to the half-breeds. Riel said the Government had always answered their demands by sending more police. They were willing to fight 500 police. He said he had been trampled on and kept out of the country, and he would bring the Government and Sir Jonn Macdonald to their knees.
THOMAS E. JACKSON was next examined by Mr. Osler, and deposed that he was a druggist, at Prince Albert, and a brother of Wm. Henry Jackson, an insane prisoner of Riel's. Riel, witness testified, asked him to write to the eastern papers, placing a favourable construction on his (Riel's) actions. Riel had made an application to Government for $35,000 as indemnity for loss of property; he showed the greatest hatred to the English, and his motives were those of revenge for ill-treatment at the time of the Red River rebellion. Having questioned Riel's present motives and plans, witness was taken prisoner and placed in close confinement. Riel afterwards accused me of having advised an English half-breed to desert. When Middleton was attacking Batoche, Riel came to witness and told him if Middleton killed any of their women and children he would massacre the prisoners. He wrote a message to Middleton to that effect, and I carried it to the General. (The message was produced and identified by witness). I did not return to the rebel camp. Saw the prisoner armed once after the Fish Creek fight. Riel was in command at Batoche, Dumont being in immediate command of the men. I know prisoner's handwriting. (The original summons to Major Crozier to surrender, the letter to Crozier asking him to come and take away the dead after Duck Lake fight, a letter to "dear relatives" at Fort Qu'Appelle, a letter to the half-breeds and Indians about Battleford, a letter to Poundmaker, and other documents were put in and identified by witness as being in Riel's handwriting).
Cross-examined by Mr. Fitzpatrick—The agitation was for provincial rights and their claims under the Manitoba treaty, and I was in sympathy with it. Riel was brought into the country by the French half-breeds. I attended a meeting at Prince Albert immediately after Riel's arrival in June, 1884. Riel said what they wanted was a constitutional agitation, and if they could not accomplish their ends in five years they would take ten to do it. Riel was their adviser; was not a member of the Executive Committee. Up to March last, from all I heard prisoner say or discovered otherwise, I believed Riel meant simply a constitutional agitation, as was being carried on by the other settlers. Riel had told him the priests were opposed to him, and that they were all wrong. Heard Riel talk of dividing up the country to be bestowed on the half-breeds, Poles, Hungarians, Bavarians, etc. When I was Riel's prisoner I heard him talk of this division, which I thought meant a division of the proceeds of sale of lands in a scheme of immigration. This was altogether different from what he had all along proposed at the meetings. All the documents Riel signed that I know of were signed "Exovide" (one of the flock). Riel explained that his new religion was a liberal form of Roman Catholicism, and that the Pope had no power in Canada. Think Riel wanted to exercise the power of the Pope himself. These expressions were made by Riel after the rebellious movement was begun.
GENERAL MIDDLETON was now called, and was examined by Mr. C. Robinson, Q.C. He testified that he was sent by the Minister of Militia to quell the outbreak on the Saskatchewan, and gave the well-known details of his encounter with the rebels at Fish Creek, and of his subsequent movement on Batoche. He testified to receiving two letters from Riel on the day of the capture of Batoche, in one of which Riel threatened to massacre the prisoners in his possession if he (Middleton) fired upon the half-breed women and children. The letter was produced in Court, and identified by the General.
CAPT. GEO. H. YOUNG, of the Winnipeg Field Battery, deposed that he was present at Batoche as Brigade Major under the last witness, and was in the charge at the close. Witness was first in the rebel council chamber after the capture of the village, and found and took possession of the rebel archives. A number of documents were produced, which witness recognised as those he had secured. After Riel's surrender he was given into witness's custody and taken to Regina.
MAJOR JARVIS, in command of the Winnipeg Field Battery during the campaign, and to whom the charge of the papers found at Batoche was confided, identified the papers produced in Court.
MAJOR CROZIER, of the N.-W. Mounted Police, was next sworn, and detailed the fact that he was met by an armed force of rebels at Duck Lake and fired upon, losing many of his command in killed and wounded. He testified that, subsequent to this engagement, a man named Sanderson brought him a letter from Riel asking him to come and remove his dead from the field.
CHARLES NOLIN was next called, and was examined by Mr. Casgrain in French. The deposition of this witness we take from the Toronto Globe. Nolin deposed that he lived in St. Laurent and formerly in Manitoba. He knew when Riel came to this country in July, 1884. And met him many times. Riel showed him a book he had written in which he said he would destroy England, and also Rome and the Pope. Riel spoke to him of his plans in December, expressing his wish for money, a sum between ten and fifteen thousand dollars. Riel had no plan to get it, but he wanted to claim an indemnity from the Dominion Government; that they owed him $100,000. Riel told him he had had an interview with Father Andre, and at that time he was at open war with the clergy, but had made peace with Father Andre in order to gain his ends. Riel went into the church with Father Andre and other priests, and promised to do nothing against them, and Father Andre had promised to use his influence with the Government to secure an indemnity of $35,000. This was in the beginning of December, 1884, the agreement being made at St. Laurent. Between December and February 14th, witness had taken part in seven meetings. Riel said if he could get the money from the Government he would go wherever the Government would send him—to the Province of Quebec or elsewhere. Otherwise, he said, before the grass was very long, they would see foreign armies in Canada. He would begin with subduing Manitoba, and afterwards turn against the North-West. Prisoner afterwards prepared to go to the United States, and told the people it would look well if they attempted to prevent him from going. Riel never had the intention of leaving the country, but wanted witness to get the people to tell him not to go. Witness was chairman of a meeting which was held, and brought the matter up. On the 2nd March a meeting was held at the settlement between Riel and Father Andre. There were seven or eight half-breeds there. Prisoner appeared to be very excited, and told Father Andre he must give him permission to proclaim a Provisional Government before 12 o'clock. On the 3rd March a meeting was held for the English half-breeds. About forty armed French-half-breeds came there. Riel spoke and said the police wanted to arrest him, but he had the real police. Witness spoke also at the meeting on the 5th of March. Riel afterwards told witness he had decided to take up arms and induce the people to take up arms for the glory of God, the good of the Church, and the saving of their souls. About twenty days before the prisoner took up arms witness broke entirely from him. On the 19th witness was made prisoner by four of Riel's men and taken to the church, where he found some half-breeds and Indians armed. That night he was taken before the council and was acquitted. Riel protested against the decision. Witness was condemned to death, and he was thus forced to join the rebels to save his life. The conditions of surrender to Crozier were put in his hands to be delivered to Crozier, but he did not deliver the letter. Riel was present at the Duck Lake fight, on the 26th March, and was one of the first to go out to meet the police, carrying a cross in his hands.
Cross examined by Mr. Lemieux.—I have taken an active part in political affairs of the country. In 1869 I was in Manitoba. In 1884 Riel was living in Montana with his wife and children. I participated in the movement to bring Riel here; believed Riel would be of advantage in obtaining redress of the grievances. The clergy had not taken part in the political movement, but had assisted them in obtaining their rights. They thought it was necessary to have Riel as a point to rally round. Delegates were sent to invite Riel to come, and he came with his wife and family. A constitutional political movement was made, in which the half-breeds of all creeds took part, and the whites, though they were not active promoters, were sympathizers. Did not believe Riel ever wanted to return to Montana, although he spoke of it. After the Government refused to grant the indemnity to Riel witness did not believe he would be useful as a constitutional leader. It was after the indemnity was refused that Riel spoke of going away. Witness denied that in 1869 he started an agitation with Riel, and then, as in the present case, abandoned him. He only went as far as was constitutional. He had heard prisoner say he considered himself a prophet, and said he had inspiration in his liver and in every other part of his body. He wrote upon a piece of paper that he was inspired. He showed witness a book written with buffalo blood, which was a plan that after Riel had taken England and Canada, Quebec was to be given to the Prussians, Ontario to the Irish, and the North-West to be divided among the various nationalities of Europe, the Jews, Hungarians, and Bavarians included. The rebel council had first condemned witness to death, and afterwards liberated him, and he accepted a position in the council in order to save his life. Witness said that whenever the word police was mentioned Riel became very excited, having heard that the Government had answered their petitions for redress by sending 500 extra police.
At this part of the cross-examination of Nolin, the proceedings were interrupted by an excited clamour of Riel, to be allowed to interrogate the prisoner, and to assist personally in the conduct of his case. This the Court could only allow with the consent of prisoner's counsel. His counsel objected, and urged that such a proceeding would prejudice their client's case; but Riel persisted, and the rest of the day was wasted in fruitless altercation, which neither the Court nor the counsel for the Crown could allay. The chief cause of Riel's excitement seemed to be the determination of his counsel to press the plea of insanity, a plea which, throughout the trial, Riel strongly objected to be urged on his behalf. The Court in the midst of the altercation, adjourned.
THIRD DAY OF THE TRIAL.
[Footnote: In preparing this abstract of the day's proceedings, the writer acknowledges to have drawn from the reports published in the Toronto Globe and Mail, and the Montreal Gazette And Star.]
The Riel trial was resumed at Regina, on the morning of July 30th, by MR. GREEN SHIELDS' addressing the jury for the defence. The Court-room was again filled to its utmost capacity. After referring to the difficulty counsel had met, in the prisoner's endeavour to obstruct their conduct of the case, Mr. Greenshields dwelt upon the history of the Indians and half-breeds in the North-West Territories, pointing out their rights to the soil. In this Court they had a different procedure from that in other parts of the Dominion, and while not desiring to be understood that the prisoner would not receive as fair a trial as the machinery provided made possible, he questioned whether a jury of six men, nominated by the presiding magistrate, was sufficient to satisfy the demands of Magna Charta,—the great bulwark of the rights and liberties of all British subjects. He believed any of the older Provinces would rebel against such an encroachment on their rights, and he did not see why such a condition of things should obtain here. For years the half-breeds had been making futile efforts to obtain their rights. All these efforts had been met by rebuffs, or had received no attention whatever from the Federal Government, and those very rights for which the half-breeds were supplicating and petitioning were being handed over to railway corporations, colonization companies, and like concerns. He would not say that the action of the Government justified armed rebellion—the shedding of blood—but it left in these poor people those smouldering fires of discontent that were so easily fanned into rebellion by a madman such as Riel. The prisoner had been invited by the half-breeds to come among them from a foreign country to assist them in making a proper representation of their grievances to the Government. They were unlettered and required an active sympathizer, with education sufficient to properly conduct the agitation. Riel was the man they chose, and there was no evidence to show that when Riel came to this country he came with any intention of inciting the people to armed rebellion. His work was begun and carried on up till January in a perfectly constitutional manner. After that time, as the jury had seen in the cross-examination of the witnesses for the prosecution, no effort was made by the defence to deny that overt acts of treason had been committed in the presence of the prisoner; but evidence would be brought to show that at the time these acts were countenanced by the prisoner, he was of unsound mind and not responsible for what he did. The peculiar disease of the prisoner was called by men learned in diseases of the mind, "megalomania." This species of mental disease developed two delusions—one the desire for and belief that the patient could obtain great power in political matters to rule or govern, another his desire to found a great church. That the prisoner was possessed of these delusions, the evidence abundantly proved. The jury might consider, with some grounds for the belief, that the evidence of Charles Nolin, who swore that the prisoner was willing to leave the country if he obtained from the Government a gratuity of $35,000, was inconsistent with the real existence of such a monomania as the prisoner was afflicted with. But not one isolated portion, but the whole, of Nolin's evidence should be considered. Other portions of his testimony, for instance, prisoner's opinions on religious matters, and his intention to divide up the country between various foreign nationalities, were conclusive proof of the prisoner's insanity. This was a great State trial, the speaker said, and he warned the jury to throw aside the influence of heated public opinion, as it was expressed at present. There were many people executed for having taken part in the rebellion of 1837, and it was questionable if there could be found anyone now who would justify those executions. The beat of private feeling had died away, and the jury should be careful that no hasty conclusion in this case should leave posterity a chance to say that their verdict had been a wrong one. They should, if possible, look at the case with the calmness of the historian, throwing aside all preconceived notions of the case that interfered with the evidence given in the Court, and build up their verdict on the testimony brought out here. In the course of his remarks, Mr. Greenshields said, that he accused no Government in particular for neglecting the claims of the breeds; but if the authorities had paid attention to the petitions which had been addressed to them, the rebellion would never have occurred. He paid a glowing tribute to the volunteers, who left their private occupations and came from all parts of the Dominion to suppress the outbreak.
At the conclusion of Mr. Greenshield's address, FATHER ANDRE, Superior of the Oblat Fathers in the district of Carlton, was called for the defence. He said he had been intimately associated with the breeds for a quarter of a century. Riel had been induced to come to this country by the settlers to assist them. The witness had a thorough knowledge of what was going on amongst the settlers. He had no knowledge of petitions having been sent to the Government during the agitation; but he had himself indirectly communicated with the Government last December, with the object of getting the prisoner out of the country. The pretensions or claims of the breeds changed frequently. After Riel's arrival the Government had been notified three or four times of what was transpiring. The Government had promised to take the matter into consideration. The Government had replied to one petition by telegram, conceding the old survey. This was an important concession. At Batoche three scrips had been issued, and at Duck Lake forty were given. The witness never liked talking with the prisoner on religion or politics. On these subjects Riel's language frightened the witness, who considered him undoubtedly crazy on these subjects, while on all other points he was sane enough. Once, at a meeting of priests, the advisability of allowing such a man to perform religious duties was discussed, and it was unanimously agreed that the man was insane. The discussion of religious or political subjects with him was like dangling a red flag in front of a bull.
PHILIP GARNEAU, of Batoche, but at present a prisoner in Regina gaol, was now sworn and deposed as follows:—I saw Riel at Batoche last fall; had seen him several times before January. During the trouble I talked with him at my house on religious matters. He said the spirit of Elias, the prophet, was in him. He wanted the people to believe that. He often said the Spirit of God told him to do this or that. During his stay at my house Riel prayed aloud all night; never heard such prayers before; prisoner must have made them up. He could not stand to be contradicted, and was very irritable. Heard him declare he was representing St. Peter. Heard him talking of the country being divided into seven Provinces, and he was going to bring in seven different nationalities to occupy them. I did not believe he would succeed in that. He expected the assistance of the Jews and other nationalities, to whom he was going to award a Province each for their aid. Riel said he was sure to succeed, it was a divine mission, and God was the chief of the movement; only met him once before the trouble. I thought the man was crazy.
Cross-examined by Mr. Robinson—I followed Riel solely because he forced me with armed men. He had great influence over the half-breeds, who listened to and followed his advice,
FATHER FOURMAND sworn, examined by Mr. Lemieux in French—I am a priest of St. Laurent; went there in 1875. Have had conversations with Riel since the time of the rebellion. Often conversed with him on political and religious subjects. I was present at the meeting of priests at which Riel's sanity was questioned. I knew the facts upon which the question arose. Before the rebellion Riel was a polite and pleasant man to me. When he was not contradicted about political affairs he was quiet, but when opposed he was violent. As soon as the rebellion commenced he lost all control of himself, and threatened to burn all the churches. He believed there was only one God; that Christ the Son was not God, neither was the Holy Ghost, and in consequence the Virgin Mary was not the mother of God, but of the Son of God. He changed the song beginning "Hail Mary, mother of God," to "Hail Mary, mother of the Son of God." He denied the real presence of God in the Host, it was a man of six feet. Riel said he was going to Quebec, France and Italy, and would overthrow the Pope and choose a Pope or appoint himself. We finally concluded there was no other way of explaining his conduct than that he was insane. Noticed a great change in prisoner as the agitation progressed. When the fathers opposed him he attacked them. Witness was brought before the rebel council by the prisoner, to give an account of his conduct. He called me a little tiger, being very excited. Never showed me a book of his prophecies written in buffalo blood, although I heard of it.
Cross-examined by Mr. Casgrain—Most of the half-breeds followed Riel in his religious views; some opposed them. The prisoner was relatively sane before the rebellion. The prisoner proclaimed the rebellion on March 18th. I promised to occupy a position of neutrality towards the provisional Government. He could better explain prisoner's conduct on the ground of insanity than that of great criminality. Witness naturally had a strong friendship towards the prisoner.
The afternoon was devoted to expert testimony respecting the prisoner's sanity.
MEDICAL TESTIMONY.
DR. ROY, of the Beauport Asylum, Quebec, said the prisoner was an inmate of that institution for nineteen months. He was discharged in January, 1878. He suffered from ambitious mania. One of the distinguishing characteristics of that form of insanity is that, so long as the particular hobby is not touched, the patient appears perfectly sane. From what he heard the witnesses say, and from the prisoner's actions yesterday, he had no hesitation in pronouncing the man insane, and he believed him not to be responsible for his acts.
DR. CLARKE, of Toronto, was the next witness. He said he was the Superintendent of the Toronto Lunatic Asylum. He has had nine or ten years' experience in treating lunatics. He examined the prisoner twice yesterday and once this morning. From what evidence he had heard and from his own examination, provided the witnesses told the truth and the prisoner was not malingering, there was no doubt of his being insane.
Cross-examined by Mr. Osler—It is impossible for any man to say that a person like Riel, who is sharp and well-educated, is either insane or sane. He (the witness) would require to have him under his notice for months to form an opinion. The man's actions are consistent with fraud. Thinks he knows the difference between right and wrong, subject to his delusion.
DR. WALLACE was next called. He said he was Superintendent of the Insane Asylum at Hamilton. He had listened to the evidence in this case. He saw the prisoner alone for half an hour. He has formed the opinion that there is no indication of insanity about him. He thinks the prisoner knows the difference between right and wrong. The person suffering from megalomania often imagines he is a king, divinely inspired, has the world at his feet—supreme egotism in fact. It is one of the complications of paralytic insanity.
DR. JUKES, of the Mounted Police, would not say the prisoner was not insane. He had seen him daily since May, and noticed no traces of insanity.
The Court adjourned at five o'clock.
RIEL'S ADDRESS TO THE JURY.
At the outset, writes W. A. H., correspondent of the Montreal Star, Riel spoke in a quiet and low tone, many of his statements carrying home conviction to his hearers. "At any rate," was the subsequent comment, "Riel speaks with the belief that he is right." Gradually as he proceeded and got fairly launched into his subject, his eyes sparkled, his body swayed to and fro as if strongly agitated, and his hands accomplished a series of wonderful gestures as he warmed up and spoke with impassioned eloquence. His hearers were spell-bound, and well they might, as each concluding assertion with terrible earnestness was uttered with the effect and force of a trumpet blast. That every soul in Court was impressed is not untrue, and many ladies were moved to tears. The following is an epitome of what he said:—
"Your Honour, and gentlemen of the jury—It would be an easy matter for me to-day, to play the role of a lunatic, because the circumstances are such as to excite any ordinary man subject to natural excitement after what has transpired to-day. The natural excitement, or may I add anxiety, which my trial causes me is enough to justify me in acting in the manner of a demented man; but I hope, with the help of God, that I will maintain a calm exterior and act with the decorum that suits this honourable Court. You have, no doubt, seen by the papers produced by the Crown, that I was not a man disposed to think of God at the beginning. Gentlemen, I don't want to play the part of a lunatic.
"Oh, my God, help me through the grace and divine influence of Jesus. Oh, my God bless me, bless this Court, bless this jury, and bless my good lawyers, who at great sacrifice have came nearly 700 leagues to defend me. Bless the lawyers for the Crown, for they have done what they considered their duty. God grant that fairness be shown. Oh, Jesus, change the curiosity of the ladies and others here to sanctity. The day of my birth I was helpless, and my mother was helpless. Somebody helped her. I lived, and although a man I am as helpless to-day as I was a babe on my mother's breast. But the North-West is also my mother: although the North-West is sick and confined, there is some one to take care of her. I am sure that my mother will not kill me after forty-years life. My mother cannot take my life. She will be indulgent and will forget.
"When I came here from Montana, in July, 1884, I found the Indians starving. The state of affairs was terrible. The half-breeds were subsisting on the rotten pork of the Hudson Bay Company. This was the condition, this was the pride, of responsible Government! What did Louis Riel do? I did not equally forget the whites. I directed my attention to assist all classes, irrespective of creed, colour or nationality. We have made petitions to the Canadian Government, asking them to relieve the state of affairs. We took time. Those who know me, know we took time with the object of uniting all classes, even if I may speak it, all parties. Those who know me know I have suffered. I tried to come to an understanding with the authorities on different points. I believe I have done my duty. It was said that I was egotistical. A man cannot generalize himself unless he is imputed with the taint. After the Canadian Government, through the honourable under-secretary of state, replied to my letter regarding the half-breeds, then, and not till then, did I look after my private affairs. A good deal can be said of the distribution of land. I don't know if my dignity would permit me to mention what you term my foreign policy, but if I was allowed to explain or question certain witnesses, those things would have looked different. My lawyers are good, but they don't understand the circumstances. Be it understood that I appreciate their services. Were I to go into details, I could safely say what Captain Young has told you regarding my mission, to bring about practical results. I have writings; my career, is perhaps nearly run, but after dissolution my spirit will still bring about practical results."
Striking his breast he added:
"No one need say that the North-West is not suffering. The Saskatchewan was especially afflicted, but what have I done to bring about practical results? For ten years I have been aware that I had a mission to perform; now what encourages me is the fact that I still have a mission to perform. God is with me, He is in this dock, and God is with my lawyers, the same as he was with me in the battles of the Saskatchewan. I have not assumed my mission. In Manitoba, to-day, I have a mission to perform. To-day I am forgotten by the Manitobans as dead. Did I not obtain for that province a constitutional government notwithstanding the opposition of the Ottawa authorities? That was the cause of my banishment."
I thank the glorious General Middleton for his testimony that I possess my mental faculties. I felt that God was blessing me when those words were pronounced. I was in Beauport Asylum; Dr. Roy over there knows it, but I thank the Crown for destroying his testimony. I was in the Lunatic Asylum at Longue Pointe, near Montreal, also; and would like to see my old friends, Dr. Lachapelle and Dr. Howard, who treated me so charitably. Even if I am to die, I will have the satisfaction of knowing that I will not be regarded by all men as an insane person.
TO THE COURT.—"Your honour and gentlemen of the jury, my reputation, my life, my liberty, are in your hands, and are at your discretion. I am so confident in your high sense of duty that I have no anxiety as to the verdict. My calmness does not arise from the presumption that you will acquit me. Although you are only half a jury, only a shred of that proud old British constitution, I respect you. I can only trust, Judge and gentlemen, that good and practical results will arise from your judgment conscientiously rendered. I would call your attention to one or two points. The first is that the House of Commons, Senate and Ministry, which make the laws, do not respect the interests of the North-West. My second point is that the North-West Council has the defect of its parent. There are practically no elections, and it is a sham legislature."
Then, as if wandering from his subject, Riel broke forth and said:
"I was ready at Batoche; I fired and wounded your soldiers. Bear in mind, is my crime, committed in self-defence, so enormous? Oh, Jesus Christ! help me, for they are trying to tear me into pieces. Jurors, if you support the plea of insanity, otherwise acquit me all the same. Console yourselves with the reflection that you will be doing justice to one who has suffered for fifteen years, to my family, and to the North-West."
Riel concluded as follows, his language containing a strange admixture of the words applied to him by the medical experts, which he ingeniously turned against the Government:
"Your honours and gentlemen of the jury:—I am taking the circumstances of my trial as they are. The only thing to which I would respectfully call your attention before you retire to deliberate is the irresponsibility of the Government. It is a fact that the Government possesses an absolute lack of responsibility, an insanity complicated with analysis. A monster of irresponsible, insane government, and its little North-West council, had made up their minds to answer my petitions by surrounding me, and by suddenly attempting to jump at me and my people in the fertile valley of the Saskatchewan. You are perfectly justified in declaring that having my reason and sound mind, I acted reasonably and in self-defence, while the Government, my aggressor, being irresponsible, and consequently insane, cannot but have acted madly and wrong; and if high treason there is, it must be on its side, not on my part."
At the conclusion of Riel's lengthy address, MR. CHRISTOPHER ROBINSON, Q.C., closed the case for the Crown in a powerful speech, which went far to counteract the sympathetic effect produced by Riel's disconnected but eloquent oration. Mr. Robinson pointed out that no evidence was produced to show that the prisoner had not committed the acts he was charged with. From the evidence it was quite clear the prisoner was neither a patriot nor a lunatic. If prisoner was not responsible for the rebellion, who was? The speaker went over the evidence and showed that Riel's acts were not those of a lunatic, but well considered in all their bearings, and the deliberate acts of a particularly sound mind. The evidence as to Riel's confinement in an asylum nine years ago was not satisfactory. Why was he sent there under an assumed name? Why was the record of his case not produced along with the other papers, and a statement of his condition when leaving the asylum? Medical men were not always the best judges of insanity. Taking up the evidence against the prisoner, Mr. Robinson went over it in detail, and said no mercy should be shown one who had committed such acts. He pictured the terrible results if Riel had succeeded in his effort to rouse the Indians, The reason the prisoners Poundmaker and Big Bear had not been put in the witness box, was that they could not be asked to give evidence that would incriminate themselves.
MR. JUSTICE RICHARDSON then read over the evidence to the jury, after which the court adjourned.
THIRD DAY'S PROCEEDINGS.
[Footnote: This abstract of the final day's proceedings we take from the Toronto Mail.]
The court resumed its sittings on the morning of the 1st of August, at the usual hour, and Col. Richardson continued his charge to the jury He read all the principal evidence, commenting thereon, and finally charged the jury to do their duty without fear or favour.
THE VERDICT.
When the jury returned with the verdict at 3.15 p.m., after exactly one hour's deliberation, the prisoner, who had been on his knees in the dock praying incessantly, rose and stood facing the six men who came in bearing for him the message of life or death.
The CLERK of the Court, amid a silence so intense that, like the darkness of Egypt, it could be felt, asked if the gentlemen of the jury had agreed upon their verdict?
MR. COSGROVE, the foreman, answered in a low tone, but heard distinctly in the general hush, "We have!"
The CLERK then asked: "Is the prisoner guilty or not guilty?"
Everyone but the prisoner seemed anxious. He alone of all those present, eager to hear the message of fate, was calm.
The Foreman replied: "Guilty, with a recommendation to mercy!"
Riel smiled as if the sentence in no way affected him, and bowed gracefully to the jury.
THE PRISONER'S SPEECH.
COL. RICHARDSON asked the prisoner if he had anything to say why the sentence of the Court should not be passed upon him?
RIEL replied: Yes, your honour. Then he began, in a low, calm voice to detail the story of the half-breeds in Manitoba, and spoke at length of the rebellion of '69. He said that if he had to die for what had taken place, it would be a consolation to his wife and to his friends to know that he had not died in vain. In years to come people will look at Manitoba and say that Riel helped the dwellers of those fertile plains to obtain the benefits they now enjoy. He said it would be an easy thing for him to make an incendiary speech, but he would refrain. He said that God had given him a mission to perform, and if suffering was part of that mission, he bowed respectfully to the Divine will, and he was ready to accept the task, even if the end should be death. Like David, he had suffered, but he lacked two years of the time that David suffered. The prisoner then went into the history of the Red River rebellion at great length. He claimed that he had ruled the country for two months for the Government, and his only reward was a sentence of exile. The troubles in the Saskatchewan, he said, were but a continuation of the troubles of the Red River, and the breeds feel that they are being robbed by the Government, which has failed to carry out the treaty promises that had been made to them. The breeds sustained their rights in '69 by arms, and the people of Manitoba are enjoying the results to-day. The people of Saskatchewan only followed the same precedent, and he trusted that the same results would follow. He then spoke at great length of the part played by Sir John Macdonald, Sir George Cartier, and Bishop Tache in the Red River rebellion. The money that had been given to him and to Lepine on leaving the country had been accepted, he said, as part of what was justly their due. The whites were gradually crowding out the Indians and the Metis, and what was more natural and just than for them to take up arms in defence of their rights? He justified his claims to $35,000 by saying that it was offered to him to keep out of the country for three years. The English constitution, he said, had been perfected for the happiness of the world, and his wish to have the representatives of the different nations here was to give people from the countries of the Old World an opportunity of enjoying the blessings God had given England. God had given England great glory, but she must work for that glory or it would surely pass away. The Roman Empire was four hundred years in declining from its proud pre-eminence, and England would be in the same position; but before England faded away a grander England would be built up in this immense country. His heart, while it beat, would not abandon the idea of having a new Ireland, a new Germany, a new France here; and the people of those countries would enjoy liberties under the British constitution which they did not obtain at home. If he must die for his principles, if the brave men who were with him must die, he hoped the French-Canadians would come and help the people to get back what was being unjustly wrenched from them. Peace had always been uppermost in his thoughts, and it was to save the country from being deluged with blood later on that they strove for their rights now. He concluded by objecting to the jury and the decision of the Court, and asked that he be not tried for the alleged offences of this season, but that his whole career be put on trial, and the jury asked to give a decision as to whether his life and acts have in any way benefited the country or not.
THE SENTENCE.
Mr. CHRISTOPHER ROBINSON moved for the sentence of the Court.
Judge RICHARDSON then said: "Louis Riel, you are charged with treason. You let loose the flood gates of rapine and bloodshed, and brought ruin and death to many families, who, if let alone, were in comfort and a fair way of affluence. For what you did you have been given a fair and impartial trial. Your remarks are no excuse for your acts. You committed acts that the law demands an account for at your hands. The jury coupled with their verdict a recommendation to mercy. I can hold out no prospect for you, and I would recommend you to make your peace with God. For me, only one duty and a painful one to perform remains. It is to pass sentence upon you. If your life is spared, no one will feel more gratified than myself, but I can hold out no hope. The sentence of this Court upon you, Louis Riel, is that you be taken to the guard-room of the Mounted Police of Regina, whence you came, and kept there until September the eighteenth, and from thence to the place of execution, there to be hanged by the neck until dead, and may the Lord have mercy upon your soul!"
Riel never moved a muscle, but, bowing to the Court, said:—"Is that on Friday, your Honour?"
He was then taken from the Court-room, and a few minutes after was driven back, under strong escort, to the guard-room,
AN APPEAL.
After sentence had been passed upon Riel, Mr. Fitzgerald, one of prisoner's counsel, gave notice of appeal for a new trial to the Court of Queen's Bench, Manitoba. The appeal case was heard at Winnipeg on the 3rd and 4th days of September before Chief Justice Wallbridge and Mr. Justice T. W. Taylor.
M. LEMIEUX, chief counsel for Riel, raised the old issue as to informality of the trial before the Stipendiary Magistrate at Regina, and contended that the magistrate was incompetent to try the case.
Mr. FITZPATRICK followed. He held that the Treason-Felony Act was one of Imperial jurisdiction, and he questioned if it had delegated any power to the colonial authorities to legislate away any rights enjoyed by the subjects of the British Empire. He dwelt strongly upon the insanity question, and said the jury were convinced of the prisoner's lunacy, hence their recommendation to mercy.
Mr. EWART also strongly questioned the jurisdiction of the Court at Regina and cited several authorities in support of his argument.
Mr. ROBINSON, on behalf of the Crown, in an able address, strongly combated the idea that the Court at Regina was not legally constituted, and cited cases in support of his contention. He also dwelt at length on the insanity plea, showing the absurdity of the contention that Riel was insane.
Mr. Osler and Mr. Aikens followed on the same side, supplementing the arguments of the previous speaker as to the constitutionality of the Court, and cited a number of authorities adverse to the insanity plea.
NEW TRIAL REFUSED.
At Winnipeg, on the 9th September, at a sitting of the full Court of the Queen's Bench of the Province of Manitoba, judgment was delivered in the appeal for a new trial for the prisoner Riel.
His Lordship Chief Justice Wallbridge first delivered judgment. He referred briefly to the facts brought before the Court and the statutes by which the stipendiary magistrates are appointed in the North-West and to the powers given them for the trial of the cases before them alone, and to the cases, including treason, which have to be tried before a magistrate with a justice of the peace and a jury of six. His Lordship held that the constitutionality of the Court is established by the statutes passed, which he cited. If the Act passed by the Dominion Parliament was, as claimed by the defence, ultra vires, it was clearly confirmed by the Imperial Act subsequently passed, which made the Dominion Act equal to an Imperial Act. The objections were to his mind purely technical and therefore not valid. His opinion therefore was that a new trial should be refused, and the conviction of the Superior Court was therefore confirmed.
Mr. Justice Taylor followed, dealing fully with the arguments brought forward by the prisoner's counsel. On the question of the delegation of the power to legislate given to the Dominion Parliament, he held that the Dominion Parliament has plenary powers on all subjects committed to it. He reviewed fully all the facts relating to the admission of Rupert's Land to the Dominion, and to the statutes passed for the government of Rupert's Land and Manitoba when formed as a province. After a critical examination of the evidence in the case, he was unable to come to any other conclusion than that to which the jury had come. The evidence entirely fails to relieve the prisoner from responsibility for his acts. A new trial must be refused and the conviction must be confirmed.
Mr. Justice Killam next followed at some length, concurring in the views of his brother judges.
With these proceedings the trial of the rebel chief was concluded, though counsel for Riel has notified the Executive that they will appeal the case to the Privy Council in England. Riel will, meantime, be respited.
RIEL'S EXECUTION.
The execution of Louis David Riel took place at Regina, on the 16th November, 1885. He met his fate bravely, and displayed more fortitude than had been thought possible. He abstained from speech-making, and confined himself entirely, on the advice of Father Andre, who has been his constant companion throughout, to spiritual matters. Riel never slept after receiving intelligence that the execution would take place that morning, and throughout the night was constant in his devotions. At seven o'clock he had a light supper, and at five in the morning mass was celebrated, followed two hours later by the administration of the last sacrament. Riel, towards the last, almost entirely dropped his new religious idiosyncrasies and decided to die a devout catholic.
The hour fixed for the execution was eight o'clock, but it was fifteen minutes past that hour before those who had passes from the sheriff were admitted to the guard-room. Here was found the prisoner, kneeling on the floor of an upper room, from which he was to step to the gallows, It was a sad scene. Around him were gathered numbers of mounted police, Sheriff Chapleau, Deputy-Sheriff Gibson, and a few others. The room was illuminated by a small window, covered with a rime of frost through which the sun, now risen but a few hours, shot a few weak rays. Riel now knelt beside the open window, through which the gallows could be seen, and prayed incessantly for fully half an hour. Fathers McWilliams and Andre conducted the service for the doomed man in French, Riel repeating the responses in a clear voice, which could be heard distinctly above the murmurs of the priests' whispering tones. Riel wore a loose woollen surtout, grey trousers, and woollen shirt. On his feet were moccasins, the only feature of his dress that partook of the Indian that was in him. He received the notice to proceed to the scaffold in the same composed manner he had shown the preceding night on receiving warning of his fate. His face was full of colour, and he appeared to have complete self-possession, still responding to the service in a clear tone. The prisoner decided only a moment before starting for the scaffold not to make a speech. This was owing to the earnest solicitations of both the priests attending him. He displayed an inclination at the last moment to make an address, but Father Andre reminded him of his promise.
The hangman, who on a former occasion had been in the hands of Riel as a prisoner, commenced the work of pinioning the doomed man, and then the melancholy procession soon began to wend its way toward the scaffold, which had been erected for Khonnors, the Hebrew, and soon came in sight of the noose. Deputy-Sheriff Gibson went ahead, then came Father McWilliams, next Riel, then Father Andre, Dr. Jukes, and others. As he stood on the trap-door Riel continued invoking the aid of Jesus, Mary, and the saints, during his last agonies. "Courage, pere," he said, addressing Father Andre, and then he addressed Father McWilliams in the same words. The latter priest kissed Riel, who said, "I believe still in God."
"To the last," said Father Andre.
"Yes, the very last," answered Riel: "I believe and trust in Him. Sacred Heart of Jesus, have mercy on me."
Dr. Jukes shook hands with the prisoner, who said in English: "Thank you, doctor." Then he continued: "Jesus, Marie, Joseph, assistez moi en ce dernier moment."
Deputy-Sheriff Gibson then said, "Louis Riel, have you anything to say before death?" Riel answered "No." He was given two minutes to pray, and he repeated the Lord's prayer, Father McWilliams leading, while the cap was being drawn over his face and the rope adjusted. At the words "Lead me not into temptation" the hangman sprang the bolt, at twenty-eight minutes past eight, and Riel shot downward with a terrible crash. For a second he did not move. A slight twitching of the limbs was noticed, but instantly all was still again. In two minutes after the fall, Louis Riel was no more. His conduct on the scaffold was very courageous. He was pale but firm, and kept up his courage by constant prayer, thus diverting his thoughts from the terrible death before him. His neck was broken by the fall; the doctors say he could have experienced no physical suffering. For a second or two his limbs twitched slightly, then a convulsive shudder ran through his frame, and all was over. In less than three minutes Dr. Dodds pronounced him dead.
Few persons were present. The only people on the scaffold, besides the condemned man and the hangman, were Deputy-Sheriff Gibson, Dr. Jukes, of the Mounted Police, Father Andre, Father McWilliams, and the press representatives.
After death the coroner's jury was empanelled by Dr Dodds, and a verdict of death by hanging rendered. The hair of the deceased was cut off one side of both head and face. All the buttons torn off the coat, the moccasins removed from the feet, and even the suspenders cut into pieces for persons to obtain mementos of the deceased. He was placed in a plain deal coffin to await the plans of the Government as to interment. His own wish was to be buried at St. Boniface, and his friends are particularly anxious that his wishes in this respect be complied with, as his father and other friends repose in that place, as all the bodies of the convicts here have been stolen from the burying ground in less than a week.
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