THE MULPIQUE TAAGEDY

Roderick Howell on Trial

? - rt - WH lige t ) the Murder of William Wallace.

For

THH DAILY HXAMI

l stayed a fort- Nome nights went there

a man named Arscnoult

nieht. Arsenault vasa sick, I did not stey there at ail. | cut of kindness, anc on his own business. i was not going tos ehim dying. I stayed * me nights he wanted me and some night. he did not care. My mother was mad enough about me staying Arsenault. IL have not nursed unvl but am ready to doa good turn for anybody. The people knew I was staying with Joe and I did not care whether

ut other places.

Ww ith A Ss

cy since,

>

: ' thev did or not. After leaving Joe | went YESTERDAY'S PROCEEDINGS, | | Hunter River. I thought it was not . | right: still l don’teare. 1 never did a good . |turn for any other fellow. I never went AT ten , on Tuesday morning, His} } oo¢ sailing. I never stayed in a boat all Lordship Chief Justice Palmer took his night. I was blamed for staying in a boat, place on the Bench. The prisoner was then but Pdid not stay. 1 had a house to go to.

brought in by Hi¢h Sheriff Strong and his} ae ne maatell Wa: ‘ : | yu WCRDERED MAN'S WIFE ON THE STAND.

assistants, and placed in the dock

Phe Attorney General and M. McLeod, Emma WALLACE, (sworp)- -examined hy Q. C., appeared for the presecution; Mr. | the Attorney-General, ] live in Malpeque. fedgson, Q. C., on behalf of the prisoner. | | know the prisoner in the dock fer ten or Much interest is manifested in the proceed-| twelve years, The murdere d man W illiara ings, and the Cowit-roem is packed with| Wallace was my husband. I lived in Mal- visitor |peque three years this spring. We had three acres Of land, with house on it, rent- SEE ‘ed from Walter Owen. A road ran st Before the first juror was sworn, the ithe property towards the shore, Wa lived Clerk of the Court informed the | a, tie left hand side going down to the prisoner ‘“‘that these goed meN,) shore. Howell lived on the Opposite ip. whose names he would now hear called,/ Both had crops, and both f ms were were about to pass between our Sovereign | fenced. We fenced our Frladeslien prin;

Lady the Queen, and his lile and death, and any of them, | he must do so the book to} be sworn, and before they were sworn, and | he would be heard.” As each juror came} to be sworn he was carefully scrutinized Many were per-

: | | 2 +} " if he would challenge them, o1

‘ he 10 to as they came t

the prisoners counse!, emptorily ever, & Jury Was em sworn “to well and truly try and true deliverance m tween our Sovereign Lady the Queen and the prisoner at the bar, whom they had im charge, and a true verdict give according to the

The jury chosen are as follows: William Dennis, foreman; Peter Taylor, Witham Marquis, Leon Gallant, John Rogers, Peter DesReche, James Hardy, James Stewart, Samuel Hal’, John Vessey, F. J: John Pentz

challenged

ake be

evicence.

nes anc

rHE INDICTMENT.

After the jury were sworn, the Clak— Mr. Hunt—read the indictment which the Grand Jury found against the prisoner, as follows:—‘* That Roderick Howell; on the twenty-seventh day of year of our Lord one thousand eight hun- dred and eighty-two, Prince, Province of Prince Edward I did feloniously, wilfully, aforethought, kill

by | | | day.

+l * » 7 » ; Presently, how jusabout wh@teok-the longers when we anelled, who were duly |

December, in the}

we moved there. The along the road were go a some were borrowed {fom Ower

The fence was up when we went Hunter River on Thursday, but it Was not there when we cam@ back om the following Satur- That #esin Noévember. Mary told

So}

came home, Howell had previously moved |up to Princetown Road, and the house he jlived in, opposite our place, he used as a |barn. There was a wheat stack at the barn. | When we left for Hunter River there was |no fence around it ; but there was a fence jaround it when we returned, Howell used | to come to our house previous to taking the ‘poles; but he never came afterwards. I advised my husband to leave the poles jaround the stack until the old man would ‘take itaway. He did so. Howell hauled 'the stack away on Thursday before the |shooting took place. The shooting hap- | pened on Saturday, the 25rd of December. |My husband was working with Mr. George | Sinclair, Malpeque, the week the shooting }occurred. My husband intended to go for | the poles in the afternoon; but the tide was getting high inthe creek, and as I was LT asked my husband to mind the baby until I returned. When I was re- turning 1 saw that my husband’s brother’s T went and told He went to his assistance.

THE EV.DENCE—MakY BLACKMORES TESTI-|] also came home and told my husband. ment. |Owen and Henry got the horse out. They

Mary BiackMore, (sworv)— Examined | had to go away around the creek, and by the Attorney General. I lived two|my husband went to meet him.

years in Princeiown. town. I[ have been living there since William Wallace died I am a daughter of Mrs. William Wallace, the wife of the man who waskilled. I know the prisoner weil. I lived near hima—across the read. 1 know there have been longers taken from William Wallace's fence. They were taken in No- vember last, when my step father was away. They were taken from the fence along the road on our side-—off our fence.

I live now at Prince- |

When they came they had supper. and about eight o'clock went to take the longers. I went out shortly after they left, and heard the report. I went towards the place and saw my husband coming running towards me. There were three of them there. Two were pretty close together. Henry was trying to teke the gun from Howell. They seperated shortly. Henry got the gun ; and came towards me. My husband on reaching me feli and | tried to lift him.

The land on the north side is Mr. Me- Giongan’s. The longers were taken from the fence before the door. I forbade him tak ing the longers and he told me te go into the house, and hold my damned tongue,—that I might be damned thankful he wevld not burn the house over me. I kept account of the longers. He took them to his stack alongside his barn. Next day I saw afence up. My father and mother came home on Saturday evening. The fence poles were taken on Thursday evening previous. I said then you will be sorry for taking the poles. He said, ‘If William Wallace lays his hands upon the poles I will have his life. That was the day he took them away —about amonth before the shooting. | saw him the following Monday. It was between nine and ten o'cleck at night. He was lying behind the fence. He threw a piece of stick and struck my sun hat. I turned around and I said, who is there. He said, ‘‘Is that you Mary.” I said it was, and *“‘well you know it.” He said, ‘thold on a minute till [talk to you.” I said | would not. Hethen got up. There was something lying about his feet. I thought first it was a stick, but afterwards saw him pick up a gun, put it under his left arm, and walk home. Where he was then, was a considerable distance from his home. I went home, and bursted through the door.

Mr. Sullivan—You were frightened.

Mr. Hodgson—Oh now Mr. Sullivan, the idea of that young woman being frightened of old Howell.

Witness continued— When I burst in the door, William Wallace jumped out of bed. He did nothing else. Ue asked me what was the matter and then went back to bed. My mother was there. I was not home at the time of the shooting. I returned home a week after the shooting.

Cros-examined by Mr. Hodgson—I don’t know what time he tock the longers. I don't know whether the hay was cut at the

time. I+ might be. I con't know what month the shooting took place, I don’t | know one month from the other. All Ican

fix is the day of the week. All I can tell is that it was on a Thursday. I saw Howell taking the iongers. My mother and Wil-

liam Wallace were then down at Henry

Wallace's at Hunter River, when the prisoner told me to hold my damned tongue. I went into the house. I was not

afraid of him. He threatened very much but did nothing. The old man has not a very sweet temper when he gets it up. I saw them torment him and heard him say all. sorts of things, that he would have people's lives. { do not know that they tormented old Howell much. ‘ needed it all. IL told Wallace about it. Oh no, | am not sure whether I told him about it. I did not think much about it. He (Howell) was hiding behind the fence, I was on the road. He threw astick at me. I was not frightened of him. There Wes snow that day, but the sun melted it away. I was coming from Tom Sudsbery’s when Howell threw the stick at me. (Re- peats her diiect statement regarding the in- cident.) It was a picket fence and I could see him through it. { was a little scared of him. 1 do not know whether he was very ae nae som at — 1 never from home after he t ine to aoe at Mary an , me shooting. T was staying

ary Joues in Summerside when (he showtir gz took place. three times in the hous ete ee to the shooting.

JY 4HomMpeun’s house in Mal

I think he |

He said *‘Lord have mercy on my soul, I am shot todeath. I think I am dying.” 'I then passed towards Henry to see who | did it. Henry picked up my husband and carried him into the house. 1 carried in ithe gun. I saw Howell turn; but I did ;not see where he went. He cffered no |assistance to my husband. Henry after- /wards wentfor Dr. Kier. I did not ex- ; amine the wound before the ductor came. |My husband appeared to be dying and I j Was keeping snow on his head. Lillie |Sudsbury and Walte~ Owen, c.me to the / house after the Dr. came. There was no one | at the house at the time of the shooting ex- cept my mother and the small children. A man named Dougan came also with the Dr. Dr. Darrach came there also. Walter Owen went after him. He arrived about two hours and a half afterwards. Several people were in after the occurrance. among them Wm. Hodgson. Then before daylight Gecrge Wallace, father of the de- ceased came. My husband lived until Wednesday morning about daylight. The Doctors visited him frequently during his iliness. The clothing my husband had on was all riddied to pieces. There was a good deal of blood on the clothing. The clothing was burned up with the powder. There was snow on the ground at the time of the shooting. He fell efter being shot on his own land, The house is about thirty or |forty yards from the road. My husband was half that distance from the road when he fell. It was on our land. Henry Wallace and Howell were wrangling about the gun after the shot had been fired. They had taken some of the poles from | Howell’s and put them on the line ,of the fence from whence they had previously been taken. Howell’s barn was further from the road than our house was. I saw what I supposed was Howell’s tracks the way he came. He left his own house jand got into McGougan’s land, and came ‘down along the bushes in, and came out at the corner of our field, and stood after getting over the fence. It was just a single 'track. The track then went into Howell’s field and up through his lot on the winter }road which ran through Howell's field. | Mat Sudsbury and his wife were with me |when we examined the tracks. Howell ‘now lives on the Princecown Road, a quarter of a mile from where we live. He } moved up there about twelve months before ‘the shcoting. It was mvonlight, the night 'of the shooting. It would be dark, and ; sometimes would come out bright. There | was an inquest held previous to the burial of my husband. 1 was not at ihe inquest. Howell was not there; he was arrested on Monday, and was then in jail here. I was with my husband up to the time of his death. He believed he was going to die from the time he was shot. | He said he did not think the old lcreature would shoot him He did not \think he had agun until he got handy. He was then too frightened to run. Messrs. Bearisto—Mayistrates, came to take my husbands statement before he died, but he was so low they did not go in- tothe room. That was Monday morning. He wanted a clergyman the night he was shot. Mr. Carr (Presbyterian Minister) came on Sunday after preachirg, and they | brought the priest (Dr. O Brien) there in the evening. Then Mr. McMiilian came

Howell was two orjon Monday. My husband told Mr. Carr se since the incident, | that he would like to live if it was God’s I stayed at | will.

peque with could not live.

But God's will would be done. He

Father O’Brien, mow Arch-

| my permission

bishop of Halifax, was the priest who saw him on Sunday. When Rev. Mr, Me- Millian came to see him he said ‘Mr. Me- Millian is this you.” 1 told bim Mr. McMillian was coming, and he just opened his eyes and said ‘‘tell him to come quick.’ When he was dying, he said he was giad his friends were around him as this would be his last dey. Previous to his death, he told time of the shootir:

me that at the he heard a voice screaming, dro the poles. He dropped the poles

and went towards the place from where the voice proceeded. He then saw Howell with the gun, but was afraid to run away for fear Howell would fire. He, however, turned to run, but slipped and fell, and before. he could recover himself he received the ~ ‘Che prisoner said nothing to the deceased after he ordered him to drop the poles. My husband said he never spoke to Howell, nor did Howell speak any words to him other than ‘‘Drop the poles.” When my husband talked to me on the subject of the shooting, he told me that Howell shot him. Howell and my husband were well acquainted. [ am certain I saw Howell immediately after the shooting Henry Wallace was then taking the gun fircm him, The deceased was my second hus . | was married to him tour years ca summer: I had five children by myefirst husband—James Blackmore—and one bythe” . Howell never asked : e poles to fence the stack. My husbaridosuifered a great deal after he was shot. Henever tasted any- thing after he was shot.

Cross examined by Mr. Hodgson—I never told Larkins that I had given Wal- lace permission to take the poles. I never told Larkins that the prisoner said there were not enough poles there to make wp the number. Neither did i tell him to take what was there and my husband would make up the balance. I am certain I never said so. Ihave known the prisoner for ten ten or twelve years. I heard of him.

Mr. Hodgson—What did you bear of him ! "

Witness—I heard he was not much, His bark was bad and his bite was worse at the last. | never heard of the boys having sport with him. Wallace in Charlettetown.

Re-examined by Mr. Sullivan— Howell accused me of taking a longer from his fence Jast summer. I told him I did not, but if he accused me of taking one to take one as good from our fence. After that conversation we parted in good friends.

ARTHUR OWBN'S TESTIMONY.

ArtrHuR Owen (sworn)—examined by the Attorney General. I live at Mal- peque. I know the prisoner. 1 also knew the deceased about ffteen years. ‘The prisoner workcd with me last harvest. I was thrashing with the prisoner at Mr. Montgomery’s last fall. I had a conversation with him about Wallace (the deceased.) He was talking about Wallace stealing the poles and he said if they did net leave him alone he would shoot them. It is from my brother that Wallace had the premises rented.

Cross-examined by Mr. Hodgson—I did

not warn Wallace that his life was in danger. I did not think anything ef the threat. That is the only time I recollect of

hearing him make any threats. J don't think Tom Sudsbury is a friend ot his. I heard Tom threaten Howell. He carried a knife for him.

Mr. McLeod objected to the last state- ment.

Mr. Hodgson pressed it on the grounds that Thomas Sudsbury had a strong animus against the prisoner, and was a crown witness and would be called, his name being on the back of the Indictment.

The court ruled against the statement being made until after Sudsbury’s examin- ation.

Witness resumed—The conversation I hid with the prisoner took place in October, {think. It was common talk about Howeil threatning the Wallaces.

THE MURDERED MAN’S BROTHER TESTIFIES,

Henry WaLtace (sworn) —examined by the Attorney-General—i am a brother of the deceased. I live at Hunter River. I went on a visit to my brother in December, on the day of the shooting. My brother- in-law was with me. I saw my brother, the deceased, in Mr. Owen’s field. He came to meet me afterI got inthe ice. I saw Mrs. Wallace there. | saw her first on the ice when my horse gotin. When I got to my brother’s house I put up my horse, and got tea. We commenced to remove the fence poles from Howell’s between eight and nine o’cleck, The distance between How- ell s old house and my brother’s house woul i be about seventy yards. In going to How- ells we crossed my brother’s land. We picked ont my brother's poles, and we carried them on our shoulders to my

brother's premises, between the house and the road. When we deposit- ed the first load we returned fer another. My brother was six or seven

yards ahead. I heard a voice saying ‘*Vamn you, drop those poles.”” My brother dropped the poles. I knew it was Roderick Howell’s voice My brother, who had a load, and was near where he dropped the first poles, dropped the ones he was then carrying. My brother then advanced towards Howell. He went eight or ten yards. ithen heard a report from a gun, and saw my brother fali. I went over to Howell, and said to him, ‘*Old fellow what did you do that for.” He made at me with the gun. I took the gun from him. My brother was then lying onthe ground. When I got the gun from Wallace, | looked around, and found my brother had gone towards his own house. In going towards the house, | found my brother on the

ground. There was no other gun there, The muzzie of the gun was warm when I took it .from Howell be-

cause Howell fired the shct from it. I laid the gun on a stump ard Mrs. Wallace took charge o7 it. Lcarried my brother to the house and laid him on the bed. He ran about fifteen yards after he vas shot. I went imm: diately ior the doctor and he arrived in about half an hour. I was not present when the doctors examined my brother. Dr. Darrach was also present. He cane about two honrs after the shoot- ing. The deceased bled a good deal after the shooting Howell was on my brother's land at the time he fired the shot. He stood near McGougan’s corner. My brother was about three cr four yards from Howell

at the time the shet was fired. I examined the place the morning after the shooting.. “HowelPs was the only

Il traced it back into

track visible. McGougan’s field for a short distance. ‘There were four or five inches of snow on the ground. After he crossed the fence on

[ was married to William)

Nam,

wy brother's land, ke walked about ten | yards before he fired the shot, After) he fired the sho’, Howl Went off across the road. It was a mocnhght night ; bat some times the dark clouds would pass across the moon. I know Howell's voice. | have no doubt «f it. I know where Howell's new house ison Princetown Road. Howell would not come through McGoug- an’s field on his way to his barn, If he did that he would be going out of his way. | There are vot many bushes on McGougan’s | sive of the read. One would bardly notice a man coming down the side of the bush to where we were depositing the fence poles. [remained at my brother’s place a week after the shouting. | had no conversation with him He suffered very much. He took no food that ‘I know of. I saw George Sinclair and Mr. Bearisto at my brothers on Sunday, if | remember right. 1 understood they were going to take my brothers dying statement. They told me he was not fit to make a statement. My brother was shot on the right joint. He was between thirty-one and thirty-two years of age. Cross-examined by Mr. Hodgson— [ live on my own land at Hunter River. I was married in Charlottetown nine years ago. [ do not know the name of the Minister who married me. | could show you his hae. | do not know where he lives in town.

Mr. Hodgson—-Where did you get the license.

Witness—I got it.

Mr. Hodgson—-Where !

Witness—I don’t know.

Mr. Hodgson— Was it in Summerside ?

Witness—Yes it was.

Mr. Hedgson— Who did you get it from !

Witness—-I don’t know the man’s name.

Mr. Hodgson— What did you pay for it !

Witness—Two dollars.

Mr. Hodgson—Where did you get the license ?

Witness—i did not get it at all. not on my oath on this _ verdict. I did not tell you I[ got it in Summerside. I got the license. Ido not know the man’sname. I got the license in Charlottetown. I went into a house for it. It was in a wooden house | bought the license. They sold ro liquer there. William

Tam

I never saw him before or since. |

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CUSTOM TAILORING,

Barnet was with me. It was Barnet told me the name of the Minister: My wife’s name is Pheebe Barnet. 1 Ieft home on the morning of the shooting about ten o'clock. IT stopped ata few places on the road. There was considerable snow’ on the ‘ground. I used to work at Mal- peque. ! don’t remember the prisoner. When [ lived at McGougan’s,in Malpeque.

L never tormented the prisoner. I heard him being tormented by the s—pelt- ing his house and making fum of We

cid not attempt to conceal ontseélyes when

taking the lorgers. We were twenty or thirty minutes moving ie Longo L took four the first load. ~ T° not tell how

many we tcok the second time. [| had longers on my shoulder when | heard the shot. The lengers were on my right shoulder, and would be between me and Howell. My brother was between six and seven yards ahead of me when we were carrying the last load. My brother would ha’ o to go ten or eleven yards then to reach Hoy ell when he fired. When my brother

threw down the sticks I was on Howell's land. The road is only six or seven yards wide. I don’t think the poles which were

on my shoulder would bend down the rim of the soft felt hat which I had on. | could not, and did not see the position my brother and Howell were in when the gun went off. I did not see the flash, but I heard the report. J then went along, dropped the voles in the proper place, and then went towards my brother. [ did not see Howell point the gun at wy brother. I could see the tracks in the snow where Howell stood when he fired the gun. There were no other tracks. I examined the :place next morning. If there had heen other tracks there I would have seen’ them. 1 was close to Howell when I took the gun offhim. I remember seeing Mr. Abtott at Kensington on the day I went to my

brother's. I do not consider I have a good memory. I don’t remember speaking to Abbott. Howell did not advance fiom

where he stood after the guun went off

Re examined by the Attorney-General I have made a mistake. Howell was on my left, and the poles on my right shoulder, when Howell fired.

Court Adjourned until to-morrow morn- ing, at eleven o'clock. '

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