THE EXAMINER. 197 Cee eres eee LL A Re a:

offered for my labours. I have been accustomed to re-| Henry Charlton examined.—Was in the midst of the | hor was it taken as such by him, he observing that he gard the Law as a common parent whom we should all|crowd in the main street, heard a glass break at Mc-| was sure I would not hurt a hair on his head. I heard obey: if [ have observed, as | believe I have, the duty | Gill’s ; shortly afier the carriage stopped, heard Mr.|the people say before the procession commenced, that of a child towards that parent, I rust confess that I do Coles say, ‘for God sake do not do any harm, some they would groan at the houses of opponents, I begged not now receive the treatment which is due to a dut‘ful other in the carriage answered ‘it is none of your|them not to do so; they persisted, but added they would child. But I stand here unawed in the presence of Ma-| friends,’ and cried shame! shame! (By Mr. Mooney)! do nothing more. As soon as damage was done I felt

istrates and Lawyers, because I am conscious of my|—heard several in the carriage speak beside Mr. Coles,| determined to find out who were the guilty persons, and

innocence, and because I know, Gentlemen of the Jury,| and thought one was Captain Swabey.

that, as honest men, it is not in your power to convict! me of crime. | felt certain, as I do still, that the out-

Cross-examined by the Solicitor General.—Was only

jtold those around.me to look out, Icollared one man that

bate a stone, and did not believe he belonged to Coles’

two or three feet from the carriage, can almost swear it) party. Do not think there was any of his friends who

rage complained of was not committed by the friends! was Captain Swabey who cried out shame! shame! I) approved of the mischief; quite the contrary.

of Mr. Coles. On the night of the procession, I ex- pressed my wish that a close watch should be kept to discover the real perpetrators of the outrage,—and had these been discovered, I think I should be found to be right in my suspicions. Ido not, gentlemen, under- stand the law that makes a man who may be 50 or 100 yards distant from those who commit a breach of the peace as guilty as those who perpetrate it. As respects the present case, I have done nothing to incar the re- proach of my conscience, or the penalty of the law; and if [am to be punished for doing nothing, I shall not, perhaps, be inclined to trouble myself so much in the way of peace-making for the time to come. It has been given in evidence, and will, no doubt, be corroborated by the witnesses for the defence, that I endeavoured to prevent the windows being broken; and I feel full con- fidence in your honesty when[ say that I know you will give this fact your most earnest consideration.

The evidence for the Traversers was then entered into. ‘The first witness called was—

William Crabb-—examined by Mr. Young.—The peo- ple began to assemble at the end of the town near my house as early as five or six o’clock in the evening on the last day of the Election, they were joking and talking about the election, ; saw nothing and heard no- thing to induce me to think a riot would ensue; two waggons were drawn up—one for Mr. Coles and his friends, the other forthe musicians, the waggon with the musicians taking the lead, halted at Mr. Coles house for the sole purpose of cheering, no one had any thing to drink whatever,the procession weut up to Mr. Haviland’s, round a back street to Hobbs’s corner—did not pass Davis’s—then to Government House, did not see Capt. Swabey till after it left there, did not hear of windows being broken till arrived at McGill’s, was standing on his plat-form, some one passed me in a hurry and slipped through the crowd like an eel, heard him say I have done that, meaning that he had broken the windows, | said to a friend with me I was certain he was not one of Coles’ friends, did not know the man, he passed so quick and seemed afraid of being discovered, du not believe the

will swear he spoke. George Foster examined.—Joined the procession at)

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This closed the case. THE ATTORNEY GENERAL, on rising to close

first and continued with it to the last; did not hear the case on the part of the Crown, commenced by as- Davis’s or Welsh’s windows break, nor do not believe|suring the Jury that it was not his intention to inflict those in the carriage could hear from the continual noise upon them a long speech in the present stage of the made; I had been a long way from the carriage—) proceeding, as the case had already extended over so

come up to it at McGill’s, heard some persons in it cry- ing out shame ; beard the windows break at Duncan’s,and Mr. Mooney said if he knew who it was he would punish him, even if it was his own brother; do not believe it was done by any of Mr. Coles’ party, they were too over- joyed to do it; the crowd was not composed exclusively of one party ; spoke to several of Mr. Coles’ friends, who all disapproved of the outrage; was at Mr. Coles’ house after the chairing was over, Mr. Coles was very hoarse from his exertions on the hustings, but distinctly heard him and the other gentlemen express their disap- probation and regret for what had happened.

Cross-examined by the Solicitor General.—Did not hear a pistol fired at all, heard a gun discharged before they went round; I will swear 1 did not fire off neither the one nor the other, the carriage stopped a short time near McGill’s; not certain that I distinguished Mr. Mooney’s voice in the carriage more than others; there was a general murmuring going on in it

Henry Found examined._-W as at Welsh’s, heard the windows break, the carriage had passed on; do not be- lieve the breaking of the glass could be heard in the carriage, around which the greatest noise prevailed, it stopped near McGil!’s, thought the reason for which was, it had not been predetermined whether the proces- sion-should continue up Queen Street or across the square, heard Captain Swabey and Mr. Coles express their disapprobation at the breaking of windows, when the procession reached old Mr. Coles, it halted and Mr. Coles requested to be taken home, but the people said he had not been down that street, and persisted in going ; did not hear any glass break at Duncan’s, heard some- thing; the carriage was considerably in advance at this

time; believe quite the reverse of their being any con-| ( ' certed plan or agreement in the crowd; I begged of| that there was any proof before them of any premedi-

long a period of time, and as he was satisfied from the attention they had paid to the evidence adduced on both sides, that it would be unnecessary on his part,—and then went onto say that he perfectly agreed with his learned friends who had preceded him, that at the pe- riod when the prosecution was instituted, political ex- citement prevailed to no ordinary extent—party feeling ‘ran high, and possibly that if the prosecution had not been instituted before the parties concerned had had time to cool, the mourt and the Jury would not have been troubled with it. But that with motives, parties, or feelings, the Jury had nothing to do,—their simple duty was to well and truly weigh the evidence they had heard, and fearlessly to give their verdict according to that evidence, and in accordance with the honest dic- tates of theirown consciences. That one of the learn- ed Counsel for the Traversers would wish the Jury to infer from his reasoning, and from what he stated to be his opinion of the law bearing upon the case, that if the Jury believed from the evidence that there existed no preconcerted plan between the parties charged on this Indictment to do the acts complained of—that such acts would not in themselves constitute a riot in Jaw, and that the Traversers must be acquitted on that ground alone, even if there was nothing else in their favor. That he differed entirely with the learned Counsel for the Traversers on this exposition of the law, for that in his opinion, parties might in the eye of the law be guilty of a riot, and would not be excused by the pro- priety of their original design; that if he erred in this, ‘his Lordship, when he charged them, would set him ‘right, because it was from the court alone that the Jury were bound to take the law, and not from the counsel on either side. ‘That he did not stand there to contend

crowd knew anything of it; heard a general murmuring; Mr. Walsh (one of the Traversers) to assist me in finding | tated riot: he and his learned friend the Solicitor Ge- as of disapprobation from the carriage, a halt took place|out who the depredators were, I had my suspicions at,neral thought better of the parties: they had no doubt

at Mr. Coles’ father’s; Mr. Coles wanted the people to draw hia home, but they were determined to take him

ithe time as to the perpetrators of the mischief. Benjamin Chappell examined.—Saw a boy throw a

(but that they assembled together fora harmless and ‘lawful purpose; but, on the part of the Crown, they al-

further, and went on directly. When the stones were|stone at his aunt’s windows: another boy was pointed ledged thet the ‘Traversers were bound to have used thrown at Duncan’s the bulk of the crowd and the car-{cut as having thrown stones, made up to him when he more energetic means to repress the disorder, or to have

riage were as far as Birnie’s establishment a-head, and could not have heard the breaking of the glass. Was

ran off; heard his name was Stanley, and that he was a

Shoemaker. [Mr. Lawson asked the witness if lie stated

left the carriage, and separated themselves immediately from the crowd of persons there assembled, when they

in Mr. Coles’ house afterwards, and heard the gentle-|that fact before the Grand Jury. The Solicitor Genera! found the Jengths to which they were proceeding in the g y

inen who had been inthe carriage expressing their - sorrow at what had happened; all said it could not have been done by any friends of the cause. Did not in the slightest degree think there was any premeditation. Cross-examined by the Solicitor General.—I ain a well-wisher of Mr. Coles, have known him many years, did hear Welsh’s or Davis’s windows broken, the car- riage was just the same at Welch’s as at Davis’s, if it stopped it was for so short a time it-was scarcely dis- cernable, heard a pistol fire in the main street, do not know where about or by whom, the crowd occupied the whole breadth ofthe street, and the carriage was in the

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objected to the question, and observed that the learned gentleman himself knew it was improper. |

John Blake examined.—Assisted in drawing the car- riage ; heard Mr. Mooney speak to the people after Duncan’s windows were broken, and heard Mr. Coles say he did not want such work as that; Mr. Coles was obliged to go where we wished, it was against his will that he went down Prince Street. Captain Swabey was handed into the carriage subsequently to its having pass- ed Davis’s. Had seen Elections in Ireland; knew the member there was never his own master till the day after he was chaired.

middle of it. Do-not know if there was a pistol dis-|

Cross-examined by the Solicitor General.— Was sure

‘commission of the outrages detailed by the witnesses,— ‘and that there was no evidence to satisfy the Jury, that ‘they could not have done this without risk of persona! safety,setting aside the inference that maybe fairly drawn \that the rank and position of the traversers in relation to ‘the crowd was such as to have given them sufficient influ- ence with them, ifexercised, to repress the riot complain- ed of; and that an acquiescence, or seeming acquies- ‘ence, would make them as guilty in Jaw as thefactual perpetrators ; and that this was the main point for the ‘consideration of the Jury under the evidence. That ‘they would also have to consider under this Indictment 'whether the parties assembled together on the night in

charged near McGill’s. Do not think Mr. Coles or any | Captain Swabey was not inthe carriage till after it pass- question with whom the Traversers were, and of which of his friends could have got out of the carriage had they ed McGill’s. [The learned gentleman remarked to the|the Jury could not entertain a doubt, because their own

been inclined, as they were in the midst of the crowd;)Court that the witness was mistaken on that point.]

do not think an attempt to doso would have been unat-! tended with risk, as the men drawing the carriage would. do as they pleased with it—(By Mr. Soung)—Saw) persons round the carriage that did not beleng to Mr. Coles’s party.

-ingus McKinnon examined.—-Do not know who broke McGill’s windows; was within a yard of the car- riage; as soon as Mr. Coles knew of it he said it was no friend of his. Did not see Clark in the carriage ; | disapproved of the breaking windows, and so did those, in ke carriage, when they halted at old Mr. Coles, I heard Mr. Coles say ‘ take me home, I want to go home,’ foine one answered, ‘ you have not been down this street,’ and [I did not pay much more attention.—{ By the Solici- tor General)—Mr. Coles said they were none of his friends that broke windows ; did not hear Capt. Swabey speak, but he might have spoken, there was a noise in

e carriage.

William Koughan examined. Do not think those in the carriage could hear Welsh’s windows broken as I did| not and was very near to it. Do not believe the car-| riage stopped there, heard a pane of glass break at Davis’s, the carriage then was nearly up to Dempsey’s, ' heard the window break at McGill’s, the carriage then was as far as Stamper’s, it stopped near there; heard Mr. Mooney speaking, he seemed much annoyed; did not hear any one clse speak; did not know Chappell’s windows were broken till next day ; do not believe there was any previous thought of making a riot; spoke to many in the crowd who disapproved of the stone throw- « ing, and those were all of Coles’ party.

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| witnesses clearly established the fact, acted in so violent

W. Swabey, jun., Esq., examined.—Was on horse-|and tumultuous a inanner as to afford reasonable grounds back on the evening in question; when Duncan’s win- for fear and apprehension in tue minds of the peaceably dow was assailed the carriage had passed on; saw a boy disposed Inhabitants of the Town; because if this was throw a stone at Mrs. Chappell’s window, endeavoured the fact, the Traversers would be guilty of the affray al- to secure him, but in so doing nearly rode over a man, ledged against them, and this they, on the part of the and while engaged in apologising to him, the boy es-'Crown, thought the Jury could have little doubt of. caped; the crowd did not approve of the breaking of ‘Thut he could assure the Jury that they, the Cousel for windows, and said it was a shame; there must have the Crown, wished the case to come honestly and fairly been opponents of Mr. Coles amongst the assemblage, before them ; that they felt they had an important duty as a dead cat was thrown at witness and struck him on to perform, and that in discharging it, they had endea- the head, opposite Mr. Coles’ door. ‘voured to do so free of all bias or political feeling, one

Cross-examined.—Is positive those around him disap-, way or the other; and trusted that they had succeeded ; proved ; was not near the carriage, could not therefore and that they hoped the Jury would also divest them- testify as to those in it. selves of any such feelings if they entertained any.

Donald Nicholson examined.—Was near Captain|That they felt tue case to be an important one, as it Swabey’s house, saw him, and said, here comes the pro-|might be looked to as a precedent on future occasions

‘cession, he said, we will go up and meet it; we did so, under similar circumstances in this community ; this in-

and as soon as he was recognized the people placed him, vestigation would of itself tend to shew all persons what in the carriage, (but not by the side of Mr. Coles); this risks they run by not adopting a decided line of conduct was opposite Mr. Henry Palmer’s house. when other parties in whose company they chance to be

[At this stage of the proceedings it became too dark give way to such disorders as occurred on the night in for us to take notes, several other witnesses were ex-|question. That he could not close without adverting to amined, when the Court adjourned till eleven o'clock the case of Mr. Mooney, one of the Traversers, who had next day.] ‘himself addressed them, with whose manly and un- FRIDAY. ‘adorned eloquence he must confess himself much struck,

Matthew May examined.—Held a conversation with| and which to his mind carried more conviction than the Theophilus Chappell on the Wednesday before the|more polished periods of his learned friends, the Counsel Election, there was a great quantity of hand-billsagainst for the other Traversers. It was in evidence before Coles lying in the shop, which he was going to send into them that Mr. Mooney did use energetic language to the country,and J jokingly said, ‘you will catch it for that,’ the persons in the crowd, evincing his strong disappro- we often joked one another. { meant nothing serious, bation of their acts, and had to this extent at all events,