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PRINCE EDWARD ISLAND RAILWAY.

ViME TABLE NO. 8. WINTER ARRANGEMENT,

(vo come into force MONDAY, DEC. 24, 1877

TRAINS GOING WEST.

No. 5. No 7

‘ATIONS. . STATIONS EXPRESS Mixed AY ee GEORGETOWN (Dp. 2. $ | Cardigan 1. * Oaei , ‘on ) |Ar. 10.25} Stewar t = Mount Shownat Junction ; Dp. 10.35 Royalty Junction ome 11.46) \ | ri 1:0.m, CHARLOTTETOWN oo 4 10] Dp. 2.40 ' abe . } ‘Dp. 9.00

Royalty Junctio North Wiltshire i Hunter River | Bradaibane County Line

“* 035 * 2326 ‘10231 * 48 ¢ 16.48% *. 490 | TLS! 5.00

“iia ow , PM.

Kensington “Wai sO pyr , \ Ar. 12.45 SUMMERSIDE }|Dp. 2.00] * 6.20 Wellington 245 Port Hill 3.28 Leary ; *- €ae Alberton | ** §.45 ‘Tignish i? 620

TRAINS GOING EAST.

war a om _ «Ba 2 i Nha 4

STATIONS. EXPRESS | MIXED. oe ee —_——— - did settecenesceiileatieie —<—.- ~— -- -

laces, TIGNISH |Dp. 8.00 ALBERTON + ** S85) (Leary | ** 952) Port Hill % 11.07) Wellington ** 11.48 P.M. A.M. TT . . . ‘ | Ar. 12.35 SUMMERSIDE ) Dp. 2.10/Dp. 8,35 Kensington + 2@1:* GIs County Line ‘ 3.30) * 9.50 Brakalbane © 3.40) * 10.10 Hunter River i ** 4.20; ** 10,40 North Wiltshire “ 4.35) * 10.58 Royalty Junction * 6B * IL. . » rrwy . y ° \ Ar. 5.55 CHARLOTTETOW Nj (|Dp. 2.05] “* 12.20 Royalty Junction * 2am » orruwanT Ar. 3.40)

MT. STEWART June. | |Dp. 3.50 Cardigan “* 6.12 GEORGETOWN. ‘Ar. 5.40

ee ee SO

SOURIS BRANCH.

Going West.

mamnwea | 9 © 1 an as va | No. 6 STATIONS.| yeiy'pp, ra sade

AM. |j P.M, Souris Dp. 7.30))Mt. St’'w't Jei Dp. 3.50 Harmony _| ‘* 7.55}\Lot 40 | 7" am St. Peter’ | ‘* 9.10)/Merell ‘6 4.32 ‘Merell be 9.42)/St. Peter's | ‘* 5.05 Lot 40 ** 9.48}| Harmony ‘* 620 Mt St’w’t Jncl Ar. 10.25|/Souris Ar. 6.45

W. McKECHNIE Sup’t. P. E. L, Railway.

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Tus following is Judge Hensley’s charge to the Jury, in the case of the Crown against McCloskey, for riot :—

| GENTLEMEN OF THE JURY,--I congratulate you upon the fact that this long and tedious : rial is so near its close. In fact, | shall be able to join you in the feeling of relief which its termWmation will bring. time has been occupied in examining witness- es, in legal ar'gumefits, and in addressing the Jury, and the tfwe thus taken up must involve expense. There sre times when, in order to arrive at the truth and to administer justice, equally and impartially, trials must necessar- ily extend over many days. This case is more than an ordinary one, and the fact that so inany witnesses have been placed upon the stand, whose testimony was deemed necessary, is the principal cause of so much time being taken up. in all probabilhty, this will be the last case in which a traverser will be tried sep- arately. I may here give you the reasons for trying each one that has been tried singly, and not ina body. The Counsel for the defense expressed a willingness to allow the defend. ants to be tried ina body, and I believe the Counsel for the Crown concurred with them in that; but the Crown insisted upon the defend- ants giving up their right to separate peremp- torary challenges. ‘The Counsel for defence demanded the right; the Crown therefore elected to have the traversers tried separately. Difficulties of a similar kind have arisen before. In my opinion, the better course to have adopt- ed would have been to spend a month, if neces- sary, in obtaining a jury ; and then the traver- sers could have been brought to trial ina body. As it is, we must patiently attend tg the case. lt matters not what amount of evidence the Counsel on either side brings into court, or how much time the examination of witnesses may consume, my duty compels me to sit till the eXamination is complete, if it requires twelve years to accomplish it. Now, gentle- men, I have one word to say about the religi- ous excitement that this trial has given rise to. You, as jurymen, and I as Judge, in this case, must dismiss from our minds everything that would tend to prejudice us. We must remem- ber that it is not our religion that is upon trial, be we Protestants or Roman Catholica. It would be grossly wrong to allow our religious feelings to sway us when justice demands that we thoroughly weigh the evidence before us, and arrive at our conclusions from that evidence, and that alone. In this coun

try, where Protestants and Roman Catholics dwell, side by side, are governed by the same laws, and find redress for their grievance in the same corrt, any attempt by either to take advantage of the other should be deprecated. I hope, and sincerely trust, that Protestants will always be willing to defend the rights of oman Catholics, and that in turn the Catho

lics will endeavor to uphold the rights of Protestants. Cast to the wind everything that is likely to influence you, of an improper nature, and bring your minds to bear directly upon the facts of the case, and as much of the law releting to it as you can remember. | have been impressed with the necessity of speaking to you upon this point, beeause the learned counsel for the defence, while addres- sing the Jury complained, and justly, too, of the comments of a portion of the Press while this case is pending. I have nothing to say against the liberty of the Press to publish what may be considered information for the public, but every paper should refrain from publishin

that which may influence jurors. It should be remembered that a court of justice also has its rights, and that the accused at the bar of that court should not be deprived of a fair and impartial trial before men uninfluenced by any outside comments upon his case. Gentlemen, complaints have been made in this court, by the counsel for the defence, of attempts to in- timidate them while defending the traversers at the Bar, and of the course which they thought proper to pursye all through the trials. A prisoner is entitled to the most complete defence which his counsel can make. Any attempt to intimidate or prevent the counsel from acting with the utmost freedom in cases requiring him to put forth every effort, is punishable by law. ‘This case, it has been said, is a prosecution of the traverser by Orangemen. You, gentlemen, have nothing to do with Orangemen, nor do I see that the charge requires any attention from me, Iam not an Orangeman, and have always been of opinion that there was no necessity for such an organization in our day. If our rights and liberties were endangered, then Associations for the maintenance of those liberties would be judi- cious, and perhaps necessary. There were times, unfortunately, when might made the right, but those days have passed away, we trust, never to return; and any association which exists under the pretence of maintaining rights that the law of the land already secures to the people, is highly injudicious, 1 will read the opinion of Lord Palmerston upon the existence of such organizations : ‘‘ J am clearly of opinion that it would be far better for us to look to the future than to the ie ; and what, let me ask, is the object, and what are the prospective advantages of this Orange associa- tion? Is it an organization which belongs to the age in which we live? ° " .

I have no intention to say anything offensive

to the Orange association ; but I must be al- lowed to say, that the very foundation on which it rests, casts a reflection on the institutions of the Empire ; and coupled as it is, with old recol- leetions of periods when the action of the Government, and e authority of the state were less efficient than they are now to pro- tect life and property. ” . . I do think that the protection of individuals should be left to the law of the land, and that the formation of private associations for the purpose of supplyimg defects in the law, is not a system suitable to the spirit of the times in which we live.”

Notwithstanding the fact that disturbances | have oceured by peace appearing upon

the streets with colours flying, yet there is no- thing illegal in a body of men walking, pro- yjded nothing is done to disturb the peace or violate the law in any way. I will now read

A great deal of

THURSDAY, FEBRUARY 28, 1878 NO, 245,

| and may be as well acquainted with its mean- ‘ing as the Judges on the Bench, yet it is my duty to place before you the law bearing upon the case which we are trying.

** Unlawfully, riotously, and rowtously did assemble.—It must be proved that these three or more persons assembled together ; and that their assembling was accompanied with some such circumstances, either of actual force or violence, or at least of an apparent tendency thereto, as were calculated to inspire people with terror; R. v. Hughes, 4 ©. & P. 373; such as being armed, using threatening speeches; turbulent gestures, or the like. 1 Hawk. r. 65, 8. 5. If an assembly of persons be not ac- companied with such circumstances as these it can never be deemed a riot, however unfaw. ful their intent, or however unlawful the acts which they actually commit. /d.; Lamb. 178- Patt. «. 137. It is a sufficient terror and alarm, however, to sustain the indictment, if any one of the Queen's subjects be in fact ter-

rified. KR. v. Phillips, 2 Mood. C. C. 252; 8. U., as R. v. Langford, C. & Mar. 602. If

persons meet at a fair or wake, or on any other lawful and innocent occasion, and on a sudden quarrel they fight together, this is no riot, but an affray merely ; but if, upon a dispute aris- ing, they form themselves into parties, with promises of mutual assistance, and then fight, it isa riot ; for, in this latter case, the design to break the e is as premeditated as if they had originally met for that purpose. I Hawf. c, 65, 8. 3. Wherea riot is proved to have taken place, the mere presence of a person among the rioters, even although he possessed the pqwer and refused to exercise it, of stop. ping the riot, does not render him liable as one of the rioters. 2. v. Atkinson, 11 Coz, 330; per Kelly, C. B. In order to render him so liable, it must be shown that he did some- thing by werd or act to take part in, help or incite to the riotous proceedings.”

The Crown is not alwaysin a position to prove premeditation. It isa very important point to ascertain whether a number of men assembling upon the street have done so with the intention of carrying out a preconcerted purpose. The alleged tacts on the part of the Crown were that, ‘‘ On the 12th of July last, the Orange procession quietly marched through the streets from the wharf, and entered the Lodge room on Queen Street; that before the procession had arrived to its destination, a shot was fired from the gangway of Charles Quirk. ‘‘Furthermore, it is stated “that when the procession had broken up, one of the Orangemer came from the Lodge-room and attempted to cross the street to his home. In doing so, he was strack with stones, and then a row began between the assailants and the Orangemen.” [thas not been denied by the defence that an attack was made upon Mc- Kenzie; but it has been said that the distur- bance was merely a personal encounter. If such be the case, then the disturbance was not ariot. But whether it was merely a personal encounter, or what the law considers a riot, is a point which you have to determine. ‘lhe evidence respecting the throwing of stones at the time of the attack upon McKenzie is far from being unanimous, It is conflicting. | have not heard it disputed that shots were fired from pistols by Orangemen from the platform. ‘The witnesses for the crown main- tain that the shots were fired up into -the air while for the defence it has been said that the shote§were aimed in the direction of the crowd. lt has been stated by the defence that a rush was made up stairs, and pistol shots were fired from the windows of the building, down into the crowd below. If the shots from the plat-

form were fired into the = air then there was not suflicient reason for the assault on the building.

But, whether there had been an attack upon the building before the shots were fired, or not, there is‘no justification for firing shots unless life was endangered, and men were only defending themselves. In fact, there is no justification for carrying pistols at all, unless men believe their hives are in danger. The law allows every man the right of defending himself when hfe is attacked. [t has been stated by the defence that the traversers had a right to throw stones in retaliation for the firing of pistols at them. Suppose a man is assaulted upon one of our streets, he has a per- fect right to protect his life, but no right to punish his opponent in retaliation for the assault, or to take the law in his own hands, and seek to wreak his vengeance. [If the defendant’s statement be correct, I may say that the law does not go so far as to per- mit an attack in return unless for the purpose of saving life. If the defendants went farther than was necessary to save their lives, then they were guilty of riot. It has been stated that a demand was made by the alleged rioters to have the flag lowered. it they had made a demand of that nature, or had attempted to carry out their wishes in/ that respect, then they went beyond what the law permits. There is one point upon which much stress has been laid by the counsel on both sides. It has been said by the counsel for the prosecution that the traversers were the aggressors; while the counsel for defendant say that the Orange- men were the aggressors. It is not for you to decide who were the aggressors; the points at issue are to ascertain if a riot took place, and also to find out what part the traverser took is that riot.

(Judge Hensley here read the evidence of the City Marshal and Policeman Pollard re specting the conduct of the crowd?) 1 now come to the evidence specially bearing upon the part which McCloskey took in the distur. bance. (‘The J —_ again read the evidence of Thomas Flynn and others who had seen Mc. Closkey upon the street and engaged in throw. ing stones.) It is not necessary, gentlemen, for the Crown to prove that McCloskey was a ringleader to convict him of riot. If he was assisting those who were ringleaders and acting under their directions, he was just as cul e as the foremost man in the ‘‘muss.” If the jury takes the evidence of the witnesses just named, there would be no difficulty in arriving at the part which the traverser took in the quarrel,

In conclusion, I ask you to apply the laws which have been explained to yea and which have been so often repeated in your hearing. Take also the testimony of witnesses examined before you, and weigh that testimony, and J have no doubt you will be able to arrive at a

to you what constitutes a riot. — you have so often heard the term riot explained, |

true verdict.

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