“THIS IS TRUE LIBERTY, WHEN FREEBORN MEN — HAVIN

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G TO ADVISE THE PUBLIC, MAY SPEAK. FREE.” —Evnipipes.

Vou. 1] | HARLOTTETOWN, P. E. ISLAND, SATURDAY, JANUARY 15, 1848. [No. 24,

are nevertheless blameable for the riot and its conse- quences, The hon. gentleman then reminded the Jury of the Lord George Gordon Riots, and remarked, that ts ___.|he (Lord George Gordon) never intended or expected that those scenes of riot and outrage for which he was

SUPREME COURT. indicted, would or as mr being present at them

ele il ; OE hilen alll tt he had rendered himself liable for the acts of others.

SHE UEEN ve. get to er AND 4° 4% ‘The Traversers in this case ought not to ' have mixed themselves up with riotously disposed per-

This Tria] commenced, as we stated in our last paper, sons—they ought at jeast to have withdrawn themselves on Wednesday the 5th instant, and terminated on the from the scene of tumult; and if you find they did not

: ; in t C ‘exert themselves to put a stop to the unlawful proceed- Friday following, in defeat « oo , aroasimatedes Po which took place, you must divest yourselves of all autocrats and the complete triumph of Mr. Coles and private and party feelings, and, remembering the solemn

his friends. During the whole period of the Trial, the! obligation of your oath, find them guilty. Court was densely crowded—there being persons from| The evidence on the part of the Crown was then en- many parts of the country, besides all those of the town ‘eed upon,—the first witness called was—

who could attend. As the affair has excited so much| 2 *ePhilus Chappell (examined by the Solicitor Ge-

; ‘neral) recollected the night of Mr.Coles’ Election proces- interest and discussion, and as many false statements|,ion-was at home—saw & waggon with people in it,

have been circulated through the country by the pro-| with candles near, and more than a hundred persons moters and advocates of the prosecution, we devote a} Walking. Called up the people of the house, did not then few columns this week to the publication of a Report) know who was in the waggon, saw them stop at Dun-

— . can’s; heard a gun fire, five or six stones rattle, and of the Trial, in which al! parties—unawed by the Con- slass breaking,—the stones were thrown by the crowd;

sequence and unswayed by the paltry motives of a Char- trom the attitude they assumed I felt frightened, they lottetown clique—will find facts, and arguments, and|Wwere cheering and making a great noise at Duncan’s;

CIR MLATALIIR,

SATURDAY, JANUARY 15, 1848.

common-sense statements enough to induce them to applaud the verdict of the Jury,

FIRST DAY. The Indictment having been read, and the Jury em- pannelled— The SOLICITOR GENERAL rose and said—The

case was one of a most remarkable character, rendered tticularly so by the high standing in society of the raversers—persons from whom an opposite course of conduct might be expected, to that of violating the law; but their situation and high standing could not shie! them if found to be guilty of the charge preferred against them. This case, Gentlemen of the Jury, stood for trial last term, but a press of business prevented it

from coming on at that time; and I am willing to ad-| mit that Lam not sorry for its postpopement, as those strong party political feelings out of which it arose have}

yielded to the influence of time, and become settled

down. * * * You will, gentlemen, no doubt, be!

told, that this Riot was only an event which often hap-

‘I think the waggon stopped at Duncan’s, but am not positive, after breaking Duncan’s windows they came tomy house. Mother and sister were sitting round a jtable, a brick came in, struck my hand and just grazed ‘it; also struck my sister, who said she was hurt. Those inthe waggon must have known the windows were broken. I think they must have heard it. They were |Strong windows, and the stones flew off or, (we could not gather the conclusion of this answer from the roars of laughter that followed), I do not mean the giass. I was not favorable to Mr. Coles. Iam acquainted with a person named May, he is foad of politics. Some hand- bills were left at my shop about the Election at the time it was going on, which I was going to send into the country. May said—‘ Look out! you will catch it for that.’ He said something would be done on Saturday night. I replied, ‘Then, it must be a made up thing!’ He said—t Never mind, you will get it on Saturday

night” I saw the windows broken. About twelve’

evening, saw from his door a crowd of people and lights ‘up at Mr. Coles’s; told my father I was not afraid. I had a pair of pistols and was prepared; heard the Band playing ‘See the conquering Hero comes.’ They came right down from Coles’s. [ saw in the carriage Mr. Coles and Captain Swabey. Cannot swear who else: they went toward Government House. I went home being afraid, Told Mrs. Davis to put out the lights in the drawing room. Heard groans and hisses as they came round Peake’s. They stopped at Cc. Welch’s; could not see what took place, heard a pistol fired ; could not see the carriage; they cheered as they came up at several houses of their supporters. They groaned and hissed at my house; cried, ‘Turn him out,’ and used awful imprecations; but no violence was offered. I fired a pistol after a stone came in and broke an orna- ment on the mantlepiece, one pane of glass was broken I then fired the other pistol in the air, ball and all, and told the crowd, if they broke any more windows I would fire amongst them; they wenton, The carriage, when this occurred, was pretty well a-head. I think those in the carriage may not have known of the throwing of stones. Did not see them after, a number of chaps re- mained about my house. I re-loaded my pistol, and in company with Mr. Mackie walked up and down in front of my house for some time. Do not think Mr. Coles ex- cited the mob.

Cross exomined by Mr. Lawson.—Do not know who was in the carriage; they were very peaceable when [ first saw them. I loaded the pistols with balls. {had reason to carry pistols through the streets; was threaten- ed, but not on that night; knew angry feelings existed. [ am passionate myself. I took great interest in opposing Coies; they had good reason to know I was opposed to him. I did not choose to stop at home on the night of the procession. I may have had business with my father;

'[ always go to see him before go to bed; have carried

pistols before and may again. I fired in-the air, and perhaps could produce the ball now. If they had not moved on it may have been worse for them; was told by a very eminent lawyer in Charlottetown that [ would have theen justified in firing amongst them. (Much laughter.) 1lsaw Captain Swabey im the carriage when [ was at my father’s, (His Lordship’s attention was par- ticularly called to note this,) and Cochran told me he was there. | do not for a moment think those in the carriage

o'clock, went up to Mr. Coles’s—the carriage was then expected that what took place would happen. (By the

there, and Mr. Whelan was making a speech from it. ‘Did not know any persons that were there beside, or in

pens at Elections, and consequent!y ought not to be so\the crowd,—it was too dark to see.—Cross Examined severely dealt with; but this argument is entitled to as by the Hon. C. Young.—If the brick had struck my sis-

‘Solicitor General)—You say you think they did not?

My belief is that in all probability they did not.

C. Welsh examined. Saw about 200 persons in front of his house, they halted and groaned, and then gave

little consideration as if it were contended, that the high ter’s head, it might have killed her. Did not see any ‘several cheers and hurrahs for Coles. Only recognized standing of the ‘T'raversers ought to excuse their guilt./occasion to say whether eny blood was caused to flow/one in the carriage ; will not swear it was Captain Swa- Neither the one nor the other can palliate the offence. | or not. Held the conversation with May while the|bey,I believe it was. ‘T'wo stones were thrown, but Their position should have taught the traversers, that Election was going on,—he is a very strong politician, only one square of glass was broken; previous to this a it was their duty to make an effort to allay the excite- and calls himself'a Snatcher. He calls me one of the pistel was fired off; my impression is that the stones ment which prevailed, instead of contributing to increase) Rlack Watch, He said to me—‘ Coles is used very bad,|came from persons who were behind the cairiage. When it by their presence at the procession; and the verycir-|they are trying, by distributing the hand-biils, to injure [I heard Captain Swabey was there, I wondered he did cumstance of their holding so high a place in society his character.’ Cannot say that I know what the papers ‘not interfere, as I have heard him speak loud on some calls for severer punishment. We seek to find no fault) were about, they may or they may not have been in occasions, [ think those in the carriage must have heard with the mere rejoicing of the populace at the close of favor of Mr. Coles. I think they were against him.|the breaking of the glass; considered the outrage was Mr. Coles’s eleciion—such a thing frequently happens, From what May said I expected tobe injured. Afier|in consequence of my known opposition to: Mr. Coles; and is perfectly allowable. Mr. Coles had gained a the crowd had passed away, I went out and saw the did notsee any one try to prevent it; had I been a ma- victory—he had again been returned by his constituents broken windows at Duncan’s, cannot tell how many |gistrate I should have thought such my wie

to his place in the Assembly, and his supporters and| were disfigured. I saw one or two cracked—not broken.! Cross examined by Hon. ©. Young. : It was a small

friends had every right to express their joy and gratifi-

cation on the occasion; but whilst enjoying this privi-|very thick glass, 1 think one pane was broken and one lege they had no right to injure, or sanction an injury/damaged. My memory will not serve me to epeak with

man then quoted the law in reference to rioting, and ‘was not afraid. There was no riot or tumult. They told the Jury, that if they found from the evidence which | were sticking into the beer. I cannot swear that what

would be adduced that a Riot had taken place, then it! was said from the waggon was not reproving the people.

would devolve upon them to decide who the authors of for what had happened, or that Mr. Coles was in the it were. It will be proved to you, gentlemen of the' waggon at Duncan’s, but I can swear I saw him in the jury, (said the Solicitcr General) that those gentlemen) waggon by his own house at starting, as I was clinging who were in the triumphal car did nothing to stop the | to the rails in front of it. None of the people had any tumult and prevent breaches of the peace from taking’ beer at Mr. Coles’s at that time. I was going up to Mr.

place. Mr. Coles, it cannot be denied, possessed autho-! Beers’s. The procession just halted, and then went

rity over that assemblage of people, which, if promptly straight on. Iam sure none of them went into the exercised, would have prevented the mischief being| brewery. (By Mr. Lawson)—Did not see Clark there.

done. Céptain Swabey we ail know to be an active| Mrs. Amelia Reid.—On the night in question I was and most useful Magistrate; and his courage and ener- called up about eleven o’clock. I live with my mother, py cannot be called in question when we remember his’ Mrs. Chappell; saw a great crowd of persons, they were ong services under the banners of his Sovereign, and making a great noise, a brick came through the window

to, the property of their opponents. The hon. gentle- certainty. (By Mr. Young)—When I went up to Coles’,

Examination by the Solicitor General resumed.—It was clean stone; could not have been picked up in the dirty | street ; will not swear it was thrown by aman, it may

have been a boy. Have seen chairing Members before this, but never heard such noise.

John McGill examined. - Saw the crowd; heard a pistol fired; a stone was thrown and broke three panes of glass; saw several persons in the carriage, could only recognize Messrs. Coies and Swabey; the carriage did not stop a minute, I intended to cheer them, cannot say if those in the carriage knew of the injury done. There was a great noise and they must have heard that. Was ‘not alarmed, or pleased, perhaps I swore when the win- dows were broken; did not know any of the crowd.

Cross examined by Mr. Lawson.—Heard a pistol fired ‘down the street whith caused me to come to my door ; do ‘not know who fired it, the carriage could hardly be said to stop—it went on immediately.

Duncan Cameron examined.—Saw persons in two carriages, saw Messrs. Coles, Swabey and Mooney ; did

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the many battles in whicli his gallant bearing was dis-'and struck me on the hand and took the skin off. I was!not know Mr. Whelan at the time—thought he was played. He cannot plead bodily fear as a reason for not frightened: a picket lay outside, it was thrown at the Captain Swabey’s son; do not know whether Clark was stepping forward to apprehend the offenders and sup-| window but did not come through. In the whole, three there, saw Mr. R. Walsh on a horse; they fired off a the disturbance. You cannot, therefore, acquit) panes of glass were broken. Did not know who was in’ pistol at Hutchinson’s, and bah’d at J. D. Haszard’s, and

pm of a guilty participation in the rioting which took the carriage. Cannot say it stopped at our house. IJ)swore at Kk. McKenzie’s, because he wore a white hat ; place in his presence. It is far from my thoughts to came down to hear the music. I do not know anything those in the carriage might not have heard it; saw msinuate that any of those gentlemen now on their|about Duncan’s. My brother told me he had been Mooney stand up in the carriage after McGi!l’s windows trial would so far forget themselves as to throw stones|threatened; but did not say by whom, or that he was! were broken, could not hear what he said, but was sure or brickbats against the houses of their neighbours. He fearful his house would be attacked; do not know if he he did not approve of the breaking of the windows; (the Solicitor General) was sure that their feelings would) was alarmed. ‘three men on the platform opposite il’s blew outa revolt against such a disgraceful proceeding; but they; John Davis, jun.—Was at his father’s on the Saturday candle, and immediately the glass rattled; think .they

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