ST. ALBANS RAID:

: INVESTIGATION INTO THE CHARGES

‘ AGAINST ' LIEUT. BENNETT H. YOUNG AND COMMAND, bi FOR THEIR ACTS AT ST. ALBANS, VT, : On THE 19TH OcToBER, 1864. BEING A COMPLETE AND AUTHENTIC REPORT OF ,ALL THE PRO- CEEDINGS ON THE DEMAND OF THE UNITED STATES FOR THEIR EXTRADITION, UNDER TIIE ASHBURTON TREATY. a BEFORE JUDGE COURSOL, J.S.P., AND THE

HON. MR. JUSTICE SMITH, J.S.C.

WITH THE ARGUMENTS OF COUNSEL AND THE OPINIONS OF THE JUDGES REVISED BY THEMSELVES.

COMPILED BY . L. N. BENJAMIN, B.C.L.

Montreal : PRINTED BY JOHN LOVELL, ST. NICHOLAS STREET. 1865:

i

‘ i ¥

A oe al

%

a rE ee

PREFACE.

THE magnitude of the interests involved in the St. Albans Case, and the importance of the questions which arose during its dis- cussion, have appeared to me such as to justify the publication of a complete report of the proceedings ; and in preparing it accord- ingly, I have been indebted to the eminent Counse: engaged on both sides for such a revision of the reports of their arguments, as enables me to be certain of their substantial correctness.

Before going to press, documents arrived from England which kg appeared to sustain the correctness of two of the most important of the judgments rendered in the case. I have, therefore, added

a

them as an appendix.

L. N. B. MowntreaL, 17th April, 1865.

ERRATUM.

Page J, line 8, instead of ‘‘ with felony,” read “ with suspicion of felony.”

of felony.”

PRR CRE Sepa IE EIST 6 Scie a

ST, ALBANS RAID.

Before Mr. Justice BApGauey.

Mr. Kerr applied for a writ of habeas corpus to bring before his Honor, William H. Hutchinson, alleged to be then in gaol upon the following commitment :—

PROVINCE OF CANADA, 2 ) 1 WT District of Montreal, § POLICE OFFICE.

To the keeper of the Common Gaol of the said District, greeting : [t.8.] Whereas W. H. Hutchinson of the Parish of Montreal, in

“4 the said District, laborer, stands charged upon oath with felony. ‘These are therefore to authorize and command you to receive into your custody the body of the said W. H. Hutchinson, and him safely keep for examination.

Given under my hand and seal at Montreal, this twenty-seventh day of October, one thousand eight hundred and sixty-four, in the twenty-eighth year of Her Majesty’s reign.

(Signed) J. P. SEXTON, Recorder.

And also for a writ of certiorari to bring up the information upon which the commitment issued, which was sworn to be of the follow- ing purport :

PROVINCE OF CAN. .:,

District of Montreal, Git ort POLICE OFFICE.

of Montreal.

The information and complaint of Guillaume Lamothe, of the city of Montreal, in the District of Montreal, Esquire, chief of police, taken upon oath, this twenty-seventh day of October, one thousand eight hundred and sixty-four, at the Police Office, in the city of

Montreal, before the undersigned Recorder in and for the city of

Montreal, who saith: Upon the twenty-fourth day of October instant,

at the said city of Montreal, between the hours of six and eight of

the clock in the afternoon, I arrested a person, who has since given his name as W. H. Hutchinson, upon suspicion of his having com- mitted a felony at St. Albans, in the State of Vermont, one ‘of the United States of America. Upon the person of the said Hutchin- A

= ae — ee A

ne ee ae

petite t=

Sirti aot

aa ait

——— ET 3 Se

son, who is now a prisoner in my custody, I found after his said arrest ten thousand dollars of the Franklin County bank bills, said bank being situate in St. Albans, in the State of Vermont, ene of the United States of America, and two loaded revolvers. And Lhave reason to believe that the said sum of ten thousand dollars was feloniously stolen by the said Ifutchinson, or by others with whom he was acting in concert. Wherefore T pray for justice, and have signed GUILLAUME LAMOTIIE, Chief of Police. woe. Defore me, at Montreal, this ) 27th Octoher, 164. J.P. Sexton, Recorder.

Je. Herr opened two principal grounds of objection to the com- hnvment,

i. That it contained no charge of any offence for which the prisoner could be committed; ‘suspicion of felony” not being such a charze.

2. That the warrant of commitment contained no limit as to the thie daring which the prisoner was to remain in confinement : thoush the time for which he could be remanded was expressly limited by the statute ; and though the text writers laid it down as a rae that the warrant should declare the limit; and though the form contained in the schedule to the statute, and the forms civen in the books were all so framed as to limit the time.

Mr, Abbott, @. C., followed on the same side.

The fact that the information contained no statement that war- ranted a suspicion of feleny under the law of Canada, was also insisted on,

My. Johnson, Q. C., on behalf of the Crown, opposed the appli- cauon, on the ground that the warrant was sufficient, and that the information disclosed a sufficient ground for the imprisonment, and further on the ground that being remanded for examination only the proceedings against the prisoner should not be interfered with.

Mr. Devlin, on behalf of the U. 8. authorities, followed on the same side.

His Honor took time to consider; and at 2 P. M. the same day, rendered the following judgment :—

The warrant of commitment charges the prisoner with suspzczon of Felony, and orders his commitment for evamination. Objections are made to both the generality of the charge and the unlimited remand. Now it is not necessary that the offence should be described with the nicety and technical precision of an indictment, but the prisoner should be charged with some legally defined and well known

his said ik bills, ermont, volvers. housand y others

LK,

olice.

the com-

vhich the ot being

as to the finement : expressly + down as id though the forms

that war- was also

the appli- that the nent, and tion only ‘ed with. d on the

hme day,

picion of tions are remand. bed with prisoner

known

i REL IEA ES CNS Seas

vitence for which he would be subje eted to crim ul procee sdinus ihe 5S either by indictment or othe WISC, and that spec ific offence cannot

’ >] be include d under a ge meral term which compe ndiously covers a oO

great variety of criminal offences. The term fe ‘ony includes a BUMpOr of crimes ranging between treason and larceny ; and Hanes

it is not sufficient simply. to designate the offence by the name of

the class of offences to which the m: iwistrate may find or judge it to belony ; and it is undoubtedly the recewed opinion the i: : ae | wnitment | for felony in general Without showing the species — good. ‘The reason given for requiring certainty is plain enough, to enable the judge applied to for the habeas corpus which is in tl nature of a writ of error, to determine whether the canis t : erroncous or not, otherwise the power of Courts and Judges id . the law would be seriously abridged. A commitment, creretoke, in the absence of any statutory provisions prescribing its form: id contents does not sufficiently state the offence by simply des ae ting it by the class of crimes to which the anny 4 mavist ils may consider it to belong; it should state the facts ch Baer ? . : stitute the offence with sufficient particularity to enable the ¢ ( mes or Judge on Habeas Corpus, to determine what particular on et charged against the prisoner: if commitment fail to a this, an prisoner ought to be discharged from it: this is the law and | the decision 1s “explained and enforced by Mr. Ilurd i Avie of jurist, who has treated, ea professo, the subject of the eat of faheas corpus. Surely if the speciality of the offence is so strongl ie quired in commitments for actual offences, how much a . necessary and essential is it for offences merely suspected, sa this case, suspicion of felony. The charge itself aenely: : complete ‘and untechnical, being not alone general i in its expr hes but without any fact to show its application in any meade eae prisoner ; in this respect the commitment 1s clearly erroneous . The second objection has reference to the generality of the order zs hanes ; - age is remanded for eau ein but ait ng when or where. is true i : remand for examination from oe pak sae are shee that discretion is not unlimited, it is a legal Seon te Wee and times provided for by the statute : that time, therefore ‘a wuld have been stated. The justice, as stated in the book oes fail to state in his warrant of remand the time qd piety Wl ich a easel is again to be brought up, and our Provincial Statutes p ainly pres provides for this and assists the magistrate with a orm in this particular, leaving blanks for time and place, which

the magistrate shall fill up. It i re 5 1S fa] . ; ieperavpnine p uscless to say more upon this ha Lhese two objections are forma! against the face of the commit-

ment, and, to my mind, render it bad and defective. I have con-

sidered this commitment simply as any other, issued in the course of ordinary proceedings before our magistrates, upon commitments for local offences, cognizable by provincial magistrates under the provisions of our i6ci al laws, and should not have advanced beyond the commitment itself but for the urgency of the counsel against the prisoner in directing my attention to the information, with the view of supple menting the formal defects of the commitment by the other merits of the information. ‘This latter document informs the magistrate that the informant, the police officer, had arrested the prisoner on suspicion of having committed a felony at St. Albans, in the State of Vermont, one of the U. 8. of America, &e. This document is exceedingly louse and defective, and does not justify the charge set out in the commitment, which in this case did not issue e mero motu of the magistr ate, but upon this information. Now the law clearly requires hat the commitment shall state some good cause certain, showing substantially a criminal matter over

which the committing magistrate has jurisdiction, and for which the former may be legally committed, and that criminal matter must he stated with cer tainty to distinguish it from other offences. None of this can be extracted from the information. Viewed as informa- tion of a crime committed in this Province, it wants every legal in- gredient to give it effect; taken as the information of a erime committed in the United ‘States, it is plainly one for which the committing magistrate could have no jurisdiction, being done in a foreign country, and, moreover, not in the category of offences for which extradition is allowed under the treaty.

It has been urged that the allowance of the habeas corpus will interfere with the course of justice. The writ, however, cannot be promoted or impeded on that account, if there is no lew: ul commit- ment to detain the prisoner, as in this case. Even in the course of the examination of a prisoner before a magistrate, where there is a special charge en regle, it is quite competent for a magistrate to admit the prisoner to bail dn the meantime ; and this does not pre- vent the continuance of the examination, which would go on, although the prisoner is at large under his bail bonds; or the magistrate may even prevent him to go at large without bail, and still the examination would not be interfered with. Now, this statute allowing the remand, does not certainly interfere with the allowance of the habeas corpus, and as cert aly, upon a defective commitment like the present, the allowance of the writ cannot be legally refused.

Writ granted returnable instanter.

The following i is the gaolor’s return to the writ of habeas COrpUs ¢

Sess Mea SE Se ag AS

Rh TH mm tee DH TH A. OTK De tas

oO

ave COn- e course nitments ider the | beyond | against

with the it by the orms the sted the Albans, ce. ‘This it justify - did not yrmation. tate some tter over vhich the tter must 3. None ; informa- | legal in- a crime vhich the one in a ences for

‘pus will sannot be commit- course of there 13 istrate to not pre- go on, or the bail, and ow, this with the letective nnot be

habeas

Se ea RRR amistad act

PROVINCE QF CANADA, ? District of Montreal, y

I, Louis Payette, keeper of Her Majesty’s Common Gaol, in the city and ‘District of Montreal, in the Province of Canada aforesaid, do hereby certify and return to our Sovereign Lady the (Jucen that before the coming of the annexed writ to me directed, to wit, on the 27th and 29th days of October, one thousand eight hundred and sixty-four, the body of William IL. Hutchinson therein named, was committed into the said Gaol of our said Lady the Queen, under ny custody, by virtue of two warrants under the hand and seal of J. P, Sexton, Recorder of the city of Montreal, and Charles J. Coursol, Nsquire, Judge of the Sessions of the Peace im and for the city of Montreal, which said warrants are in the words following, to wit :

PGE PH GAS, POMCE OFFICE

I'o tho kéenot of ie Common Gaol of the said District, greet- _ 4 ing: Whereas Willam If. Hutchinson, of the parish of [1.8.] Montreal, i in the said District, laborer, stands charged upon oath with suspicion of felony : These are, therefore, to authorize and command you to receive into your custody thie body of the said William IL. Hutchinson and him safely keep for examination.

Given under my hand and seal at Montreal, this twenty-seventh day of October, one thousand eight hundred and sixty-four, in the twenty-eighth year of ILer Majesty’ sreign. | . .

(Signed) J.P. SEXTON, Recorder.

-ROVINCE OF CANADA, ? aha ARCS

Bai os of M mtreal, 5 POLIC KN OFFIC K. To all or any of the Constables or other peace officers in the [L.s.] said District of Montreal, and to the keeper of the Common ; Gaol of the said city of Montreal, in the said District of Montreal, greeting: Whereas William H. Iutchinson, late of the town of St. Albans, in the State of Vermont, one of the United States of America, laborer, now in the city of Montreal, was this day charged before me, Charles Joseph Coursol, Esquire, Judge of the Sessions of the Peace, in and for the city of Montreal, on “oath of Marcus Wells Beardsley and others, for that he the said William H. Ifutchinson on the nineteenth day of October instant, at the town of St. Albans, in the State of Vermont, one of the United States of America, being then and there armed with a certain offen- sive weapon and instrument, to wit, a pistol, commonly called a revolver, loaded with powder and balls, and capped, in and upon one Marcus Wells Beardsley feloniously did make an assault, and

eT re

Seg roe

~~

6

him, the said Marcus Wells Beardsley, in bodily fear and danger of his life, then and there did put, anda certain sum of money, to wit, to the amount of seventy-six thousand dollars current money of the said United States of America, and of the value of seventy- six thousand dollars, current money aforesaid, of the moneys and property of the F ranklin County bank, at St. Albans aforesaid, a body corporate, constituted and recognized by the laws of the said State of Vermont, from the person, custody and possession and against the will of the said Marcus Wells Beardsley, and in his presence then and there feloniously and violently did steal, take and carry awey, against the form of the statutes of the said State of Vermont, in such case made and provided, and against the peace and dignity of said State. These are therefore, to command you the said Constable or Peace Officers or any of you, to take the said William TH. Hutchinson and him safely convey to the Common Gaol at the city of Montreal aforesaid, and there deliver him to the keeper thereof, together with this precept ; and I do hereby com- mand vou the said. keeper of the said Common Gaol to receive the said William If. Hutchinson into your custody in the said Common Gaol, and there safely to keep him until he shall be brought before me for the purpose of an examination upon oath of any person or persons touching the truth of the said charge, in conformity with the provision of the Statutes made to give effect to the Treaty between Her Majesty the Queen and the United States of America, for the apprehension and surrender of certain offenders, on the second day of November next.

Given under my hand and seal, this twenty-ninth day of October, in the year of our Lord one thousand eight hundred and sixty-four, at the said city of Montreal, in the District aforesaid.

(Signed) CHAS. J. COURSOL, J.8. P.

And that this is the cause and the only cause of the capture. commitment and detention of the said Wiliam H. Hutchinson in Her Majesty’s Gaol aforesaid, the body of which said Wilham H. Hutchinson [ have here now as by writ it is commanded me.

Attested at the city of Montreal, in the said District of Mon- treal, in the said Province of Canada, this twenty-ninth day of October, in the twenty-eighth year of Her Majesty’s reign, and in the year of Our Lord one thousand eight hundred and sixty-four.

(Signed) LOUIS PAYE ITTE, Gaoler.

By this return it appears that a subseqent warrant of commit- ment had been made out—and time till the following morning was granted to take communication of it. On the following day, before JuDGE BADGLEY, in Chambers,

Bae LHI

Sic

ee aya

te

CoG

Susskeaies ee pad oeeY

Ga Ne A RAR ERS aa Sart A

danger oney, to t money seventy- eys and esaid, a the said ion and 1 in his ral, take id State he peace und you the said non Gaol 1 to the by com- eive the Common it before erson or lity with Treaty merica, on the

Scie Sab iD MR LIMES ee) oto

es

Sas

ctober, ty-four,

ccnp eiteab ea esas Soiled entiacenss

day of

and in

Hon. Mr. Abbott, Q. C., on behalf of — Hutchinson, stated that the return which now appeared before the Judge contained not only the original commitment of the Recorder, but also a subsequent one; that the argument respecting the Recorder’s commitment having disclosed the defects,—the second was prepared with the

view of supplementing. the first. The commitment of the Recorder was rendered inadequate by the omission to state the day, the place

and the time when the prisoner should be brought up for examina- tion. The attempt to cure the defect in the other warrant consisted in placing at the end of the description of the statute in the warrant the words ‘on the second day of November next,” making the commitment read to the effect that the jailer was ordered to return the prisoner for examination on that day according to the terms of the statute passed for such and such purposes, on the second of November. As the return set forth the second commitment, it was necessary to show now—and he was ready to do so, that it was insufficient. The course of proceedings adopted in the subterranean regions of the police office, was very extraordinary, for as fast as one ecmmitment was found fault with and was on the point of being quashed by his Honor the Judge, another was submitted in order

that the accused might be kept i in jail from day to day, till the learned gentlemen who drew up the first commitment should learn from the j prisoner's counsel how to prepare one in a legal and valid manner. As long as the clerk of the crown, acting apparently j in the capacity of clerk of the magistrate, continued to furnish aff- davits and commitments, he should be careful how he managed the business, and not illegally infringe the liberty of individuals. The Judge, howev er, would doubtless take good care that personal free- dom should not suffer from any contravention or overstraining of the law.

Mr. Carter objected to being styled clerk of the magistrate. He was not such, and had never ‘acted in that capacity.

Hon. Mr. Abbott observed that all he could say was this, that when he arrived at St. Johns, as counsel for the prisoners, he found the learned gentleman who was clork of the erown for the District of Montreal, ° drawing up informations, preparing commitments, and acting in the capacity of magistrate’s clerk in the District of Iber- ville. These were the duties of a magistrate’s clerk, not those of clerk of the crown for the District oft Montreal.

Mr. Carter said that if the learned counsel wanted to know in what capacity he acted, he would tell that gentleman. He would tell him that he received a telegram from Hon. Mr. Car tier, desiring him to go to St. Johns to assist Jud ge Coursol in carrying on this investiga ation.

Hon, Mr, Abbott said that whether the learned gentleman had

Sees ROK RP BOIS - spo met

8

acted at the instance of the attorney-general or no, the task he was called upon to perform was precisely that of clerk to the magistrate. As to his being sent there by the attorney-general, he was surprised to hear it ; “for it was the first time in the history of constitutional government that a free government had been found assisting foreigners in attempting to effect the extradition of persons found within its lines, those persons imtending no injury to the country in which they had taken refuge, and observing the laws of the country under whose protection they had placed themselves ; and it was a very strange mode of action on the part of the govern- ment to send salaried officials ¢ away from the duties of their “offices, for any such purpose.—The learned counsel then went into the merits of the case, and assuming that the commitment made out by Mr. Sexton was quashed, shewed that the statute authorizing extra- dition clearly pointed out the course to be pursued. A magistrate was bound, on information being laid before him, to issue his warrant for the arrest of the party accused, and have him brought up for examination. The magistrate then had a right to examine into the facts, and hear the evidence, which, if satisfactory, would authorize him to send the accused to jail, to be dealt with according to the terms of the statute, and to be given up on the issue of the gover- nor-general’s warrant. But this particular warrant did not show that the prisoner had ever been brought before a magistrate ; it was simply a warrant sending him to jail, instead of having him brought before the proper authority to be dealt with according to law. In this case the terms of the statute had not been followed ; the magistrate had exceeded his jurisdiction, and his proceedings were absolutely null. The learned counsel then went on to show that supposing the magistrate had power to remand the prisoner for examination, he was bound in the commitment remanding him, to order the jailor to bring him back for such examination, at such time as in his discretion he considered best, but within the limit fixed by the statute. But in the matter of this particular warrant, instead of fixing the time in that part of the warrant which related to the jailer, nothing at all was said about time ; but the jailer was merely ordered to keep the accused in prison for examination, when he should have been directed to bring him up at a time and place that should-have been mentioned in the commitment. No such mention of time and place being made, and the attempt to fix a time was so clumsily made, that the literal and grammatical meaning of the words in the warrant. “ the 2nd day of Nov ember,” actually con- veyed the idea that the statute was made and come into force only on that day. The warrant was illegal, and the commitment of the

prisoner was the same; and these few words, “ the 2nd day of

November,” were interpolated at the end of the warrant to give

)

sk he o the neral, istory been ion of ury to c laws elves ; overn- offices, ito the out by extra- ristrate yarrant up for nto the thorize - to the gover- yt show ; it was brought w. In 13 the rs were bw. that mer for him, to h time xed by instead to the merely i1en he ce that ention me was of the y con- e only of the

day of

0 give

it a validity it did not possess. Supposing the mnrenpoletion to mean that the examination was to take place on the 2nd day of November, there was no order to the jailer to bring him up on that day ; he was ordered simply to hold the accused in custody. ‘The learned gentleman then referred to the authorities cited on Satur- day in reference to Mr. Sexton’s commitment, showing the neces- sity of stating in the warrant the time and place when the prisoner should be brought up for examination.

After some discussion,

His Honor said the first question was the irregularity of the whole proceeding. If the gentlemen opposed to Mr. Abbott had waited till they saw if the prisoner were discharged on the first warrant, then they might have arrested him on the 2nd, and the juestion of habeas corpus would have been unembarrassed. Lad those gentlemen taken this step, the whole thing would have been more satisfactory. ‘The jailor, probably could not help having the second commitment in his possession, but the whole proceeding was very irregular.

After some further argument,

Mr. Johnson, Y. C., said he desired to have time to argue the validity of the second commitment. If this right were conceded, he was prepared to go on at once.

Consent having been accorded to Mr. Johnson, the parties were heard on the validity of the commitment.

Mr. Carter came forward and desired to be heard on behalf of

the police magistrate.

Hon. Mr. Abbott objected on the ground that the question of the got of the commitment was a matter for the Judge alone.

Mr. Carter renewed his application to be heard.

Hon. Mr. Abbott said that the magistrate could not be repre- sented by counsel. Further the statute laid it down that a clerk of the crown was prevented from acting as advocate, counsel, soli- citor or proctor, in any case whatever.

His Honor said that if Mr. Carter came here to represent the Judge of the peace, he could not be heard.

Mr. Carter said he had a right to be heard.

The Judge of the peace came forward and said he had no desire to have counsel appear on his behalf; for if any thing had to be said respecting the return he could say it himself.

Mr. Devlin said he was not prepared to discuss the validity of the second commitment, as he had not had sufficient notice.

Hon. Mr. Abbott replied that Mr. Devlin was present on Satur- day, when he asked till Monday morning to consider the matter ; his request was granted. He had had ample time.

JupGE BapGLeEy intimated he would complete the hearing of the case at two o’clock.

10

At two o’clock before His Honor Jupce Bapa ey, Mr. Kerr, on behalf of the prisoner, said that the whole question

Ri was, whether the commitment set out in the return of the jailer was a valid one or not. This was the only question on which His : TTonor had to pronounce. i

Mr. Devlin said he was not prepared to argue the validity of the 3

warrant or commitment to-day, and as far as was in his power he - would protest against this mode of dealing with a question of this importance. Before the second warrant could be taken up the

See Siok

prisoner’s counsel must come before His Honor with a second peti- Ft { tion for a writ of habeas corpus. i } Mr. Johnson, on behalf of the Crown, said he did not see why re the Judge should grant an order for a discharge, when there was 4 no petition. iH

His Honor observed that it was plain enough the habeas corpus and not the petition constituted the record. ‘The application made by Mr. Devlin, in the interest of various parties, to have time to argue the second commitment involved was deserving of considera- tion, for the questions which might arise upon it a very large branch of what might be called international law. This was a a matter of very areat importance, and he would suggest to the counsel on all sides, for the purpose of avoiding further “discussion, that the second commitment should not now be taken up. The whole proceeding had been very irregular. The man might have been discharged on the first warrant, and before he left the room been arrested on the second, but instead of this both warrants had been mixed up in a very irregular manner. ‘The zeal of the prose- cutors had outrun their discretion, and the whole thing was a com- plete series of blunders from first to last, and this evidently to make confusion. It would have been better in order to simplify

the thing if the first warrant had been disposed of, and the second whic

commitment could then have come up substantially, anl the ques- : to tl

tions involved been fairly discussed. He would suggest to the I

| gentlemen on both sides to let judgment go on the first warrant, spea reserving their right to take substantial issue on the second. a this Hon. Mr, Abbott observed that to-morrow was a holiday, and : the

the prisoner would be kept two days in jail, during which time any abou

| number of applications might be made against him. The object of proc

| prisoner’s counsel was to have him released from illegal detention. : dela:

Judge Badgley—The whole thing that comes up now is the suffi- Sessi

| ciency or insufficiency of the return; and the question comes up Ji

on formal or technical grounds. The Judge only has to look on read

the face of the warrant to see that it bears out a sufficient commit- M

ment. I think it does bear out a sufficient commitment to enable Jr

the Court to remand the prisoner for the present. hat return is sufficient.

estion jailer

-h His

of the wer he of this up the d peti-

ce why re Was

corpus n made time to isidera- y large ; was a to the ussion, . The Iht have e room nts had

prose- a com- ntly to simplify second e ques~- to the arrant,

y, and e any pject of ention. ne suffi- nes up look on ommit- enable turn is

11

After some further discussion the warrant issued by the Recorder was pronounced by the Court to be illegal, null and void; and Friday was appointed for hearing the application for the discharge of the prixwner, from the warrant issued by the Judge of the sessions of the peace. ‘The prisoner remains in jail in the meantime.

Motion of Writ of ‘‘ Habeas Corpus.” COURT OF QUEEN’S BENCH, SS

In Chambers. (Before Justices Aytwin, MonpDELET ard DRUMMOND.)

WepNEsDAY, Nov. 2nd, 1864.

This morning the Court was crowded, to hear the argument and. decision on motions for a writ of habeas corpus in behalf of the St. Albans raiders, at present imprisoned in the Montreal jail.

Hon. Mr. Abbott, Q. C.; Mr. Laflamme, Q. C.; and Mr. Kerr appeared for the prisoners. Mr. Develin, representing the United States Government, associated with Hon. Mr. Edmonds, of Ver- mont. Messrs. Johnson, Q. C., and Carter, Q. C., appeared for the Crown. Messrs. HE A. Sowles and Edson were present in the interest of the St. Albans banks robbed.

Mr. Kerr presented a petition for a writ of habeas corpus in behalf of Samuel Eugene Lackey and thirteen other prisoners concerned in the St. Albans raid.

Mr. Justice Mondelet.—Are all charged with the same offences ?

Mr. Kerr.—Yes.

Judge Mondelet.—With specific offences ?

Mr. Kerr—One offence is murder committed within the jurisdic- tion of the United States, and the other robbery. The principles which would apply to those commitments are general and applicable to the whole.

Mr. Carter said he was clerk of the crown, and had a right to speak on the present occasion. He would beg to inform the Court that this was not a final commitment, but one for examination, and that the prisoners were now before the Judge of the sessions, who was about going on with the examination of witnesses and other requisite procedings. The argument for a writ of habeas corpus was actually delaying the argument about to take place before the Judge of the sessions.

Judge Aylwin—Asked for the petition, which was handed to and read by him. He then asked, was there any final commitment ?

Mr. Kerr.—None.

Judge Aylwin.—That is the end of the matter.

Mr. Kerr asked to be heard.

12 .

Judges Aylwin and Drummond, though demurring to the propriety of such a course, before the prisoners were cxamined, permitted the Counsel for the latter to proceed.

Mr. Abbott said the point they intended to bring before their Honors was not one relative to the crimes charged, but applied to an excessive jurisdiction in this commitment. If the magistrate exercised excessive jurisdiction, even in a preliminary commitment, the Court would take notice of it. The statute authorizes a magis- trate, under certain circumstances, to commit a prisoner for exami- nation, for a limited period, in his discretion, not exceeding eight days. Of course, then, if a magistrate committed a prisoner, without reference to the statute, without limiting the time before examination, there was an exercise of excessive jurisdiction.

Judge Mondelet asked if the learned gentleman had ever read or heard of a writ of habeas corpus being applied for while a pre- liminary investigation was proceeding before the magistrate or any justice whatever, in order to prevent such examination being com- pleted. Suppose the prisoners were discharged at this stage, what security would there be for the community at large. THe did not allude to these prisoners in particular, as their case must come before the Court. The Judges were independent of the executive and every one else, and justice could and would be done the prison- ers whatever the consequences. But, at the same time, the Court must take care and act according to the law, both as to tic prisoners and foreigners interested.

Mr. Abbott said that the law had contemplated every case, including that of a person brought before a magistrate against whom there was not sufficient evidence at the moment to warrant a com- mitment for trial. The defence addmitted that if the prisoners in this case were properly committed for examination, they could not interfere. The mode in which the law had provided for that exam- ination was this: (Cap. 102, sec. 42, Con. Stat. Canada,) “ If from the absence of the witnesses, or from any other reasonable cause, it becomes necessary, or advisable to defer the examination, or further examination of witnesses for any time, the justice or justices before whom the accused appears, or has been brought up upon his or their warrant, may, from time to time, remand the party accused, for such time as by such justice or justices, in their dis- cretion, may be deemed reasonable, not exceeding eight days at any one time, to the common jail or house of correction,” ete. If the power was not conferred by this clause, it was conferred by no clause at all, so the law very wisely gives to one justice the right of remanding prisoners for a specified period, but not to keep them there for ever. ‘The imprisonment was not to exceed eight days at any one time. ‘These prisoners were committed for examination geveral

a eee

({ues

» the ined,

their ied to strate ment, nagis- »xami-

eight ithout ration,

r read a pre- or any x com- 2, what lid not t come ecutive prison- Court isoners

y case, whom a com- ners in Id not /exam- ) 6c If sonable nation, ice or cht up party ir dis- at any ce Hf by no ght of there at any everal

18

days ago, and had not yet been brought up for examination. They may be confined in this jail for the next twenty years, under the present warrant. The magistrate had not exercised his discretion as to the time these prisoners might bekept in jail. Instead of saying to the jailer, “* You shall detain them for eight days, and then bring them up,” they were committed for an indefinite period. They might have been brought up in the interval that had elapsed since their commitment, but he had no right to commit them fora longer period than eight days.

Judge Aylwin.—The commitment bears date the 27th of October.

Judge Drummond.—The eight days have not expired. The magistrate remanded from day to day in general, but the party ag- erieved, when the eight days expired, if not previously brought up, might appear and say that the magistrate had exceeded his power. If the counsel were in that position he could understand it.

Mr. Abbott.—Of course, I would be in a much stronger position. To be sure it is an elementary principle that the warrant of com- mitment must show the jurisdiction on the face of it ; but this is not a warrant of remand in conformity with the statute. By that same warrant, which sends a prisoner to confinement, the jailer is ordered to bring him back again on some day specified in the commitment. The intention of the law is plain, that by the warrant which commits him, the time of his discharge, under certain circumstances, is to he settled.

Judge Mondelet.—We know not how these prisoners are before the Court. Are they under examination under the provision of the Ashburton Treaty ?

Mr. Abbott.—No.

Judge Mondelet.—Suppose they are to be dealt with under the Ashburton Treaty, is the Judge of the sessions, in his mode of action, to be strictly and exclusively governed by this statute ?

Mr. Abbott.—In my opinion, the law observed in this case does not apply to the Ashburton Treaty—if we were called on to argue whether a justice of the peace, who commits these prisoners, is bound to follow the terms of this act, we might urge that it is the terms of our statute which should regulate the conduct of such justices. The Court will perceive that by the statute passed to enable Judges to administer the Ashburton Treaty, there is no power given to remand at all.

Judge Drummond.—Was there no power to remand before that statute was passed ?

Mr, Abbott.—Suppose it to be a necessary consequence that there should be a remand, is it not to be confined to some period ? Could the magistrate who arrests, leaving this statute altogether out of the question, under the act passed to facilitate the execution of the Ash-

14

burton 'reaty, commit the prisoners for an unlimited time, or as long as he pleases ?

Judge Drummond.—Tff the magistrate does not name the day in which the prisoners are to be brought up, does that deprive him of his jurisdiction ?

Mr. Abbott.—I can satisfy your Honors that under the statute passed to facilitate the execution of the Ashburton Treaty, this Court has not the power to remand. I maintain this is a power beyond the magisterial jurisdiction.

Judge Mondelet.—If that magistrate exceeds his jurisdiction, there must be a remedy ; if he commits an act of oppression he must be restrained. But the power of remanding does exist, even if it does not appear in the statute; such a power is essential, and if the magistrate exceed his authority he must be brought to account for it. But there can be no excess of jurisdiction.

Mr. Abbott. —What I said before and repeat is—that a magistrate has no power to commit a man for an unlimited time. Ifa warrant commits a prisoner for a longer period than the law allows, he is entitled at once, without waiting for the expiration of his term, to come before the Court and claim his discharge, in consequence of an illegal commitment. Such a case would be analagous to the present one. If there is any right in a magistrate to remand at all, it must be exercised in a reasonable manner ; and he must state what extent of jurisdiction he assumes to himself. If the act be done under the statute, he cannot remand for a longer period than the time provided for by the statute. I merely wish prima facie to show that the case deserves consideration : and I can produce authorities.

Mr. Kerr.—The first point to be determined is, whether under any circumstances connected with aremand for further examination a writ can issue for a habeas corpus or not. I defy the learned counsel on the other side to show a case where a warrant of com- mitment being invalid and bad, the right to apply for a writ of habeas corpus did not exist. I admit that when a warrant for com- mitment or examination is good on its face, no writ of haheas corpus can issue ; but when such a warrant is bad on its face, a writ of habeas corpus can issue. I would ask is there no difference between remanding prisoners for an indefinite length of time, and bringing them up ata stated time, as laid down in the statute? If we are precluded from making this allegation we shall be told that prisoners

under examination have no right to a writ of habeas corpus. And would not a motion for habeas corpus be as applicable three years hence as it is to-day, if the crown came forward and said, ‘‘ These men are still under examination?”’ ‘These men have a right to the habeas corpus whether under examination or not, if the warrant

ace notl as t

lear arg shel a sol

15

for their commitment be imperfectly drawn up, and if it has been

plead shown that the magistrate exceeded his jurisdiction. ay in Judge Aylwin said the matter was very easily disposed of. An m of application had been made for a habeas corpus, in order that a writ should issue on two commitments. Now, each of these commit- atute ments was perfectly sufficient, and the defence would take nothing this by their petition. - ower Judye Mondelet said that this decision of the Court was founded on clementary principles, which admitted of no doubt. It was es- ction, sential, in common law, that the Judge of the sessions, who was must invested with jurisdiction correctly exercised, should have the power if it of remanding a prisoner at his own discretion. ‘These men, for ial ind if whom application was made, must and shall be protected if they hi count have a right to it, and the community must and shall be protected according to law. ‘The whole matter shall be conducted according strate to law, and not according to prejudice and popular clamor. ‘The rant Judges will see that the law is carried out, whether the parties alte he is accused be or be not liberated. In this country the Judges have ik m, to nothing to fear either from crown or people, and will do their duty ; ice of as the law directs. © the Judge Drummond agreed with the decision of the other two Hy at all, learned Judges. He observed that Messrs. Abbott and Kerr had an state argued the case like expert lawyers, as they were, and without the Ch et be slightest design of exciting prejudice. The Judges had to perform stl than a solemn duty, and he hoped that all knew they would do it without 5 Facie regard to party or prejudice. He agreed with his confréres because duce he believed there had been nothing irregular in the proceedings,

though the most regular course would certainly have been to fix a nacr | day on which the accused should be brought up. ation Judye Aylwin—The order of the Court is, that the defence take Lrned nothing by their petition. com- it of com- Dr pUs | if of een ging b are ners ould ence men the rant

16

Province OF CANADA, | To all or any of the Constables, or other District of Iberville. \ Peace Officers, in the District of Iberville: Whereas, Samuel Kugene Lackey, Squire Turner Teavis, Ala-

manda Pope re Charles Moore Swager, George Scott, Bennett

II. Young, Caleb McDowall Wallace, James “Alexander Doty,

Joseph McGrorty, § Samuel Simpson Gregg, Dudley Moore, Thomas

Bronsdon Collins, and Mareus Spurr, all late of the town of St.

Albans, in the County of Franklin, in the State of Vermont, one of

the United States of America, laborers, have this day been

charged, upon oath before the undersigned, Charles Joseph Cour- sol, Esquire, Judge of the Sessions of the Peace, in and for the

‘ity of Montreal, “including the District of Iberville aforesaid, under and by virtue of the proclamation to that effect made and pub- lished, for that they on the nineteenth day of October instant, at the town of St. Albans, in the State of Vermont, one of the United States of America, being then and there armed with certain offen- sive weapons and instruments, to wit, pistols, commonly known and called revolvers, loaded with powder ‘and balls, and capped, in and upon one Cyrus Newton Bishop, feloniously did make an assault, and him the said Cyrus Newton Bishop in bodily fear and in danger of his life then and there feloniously did put, and a certain sum of money, to wit, to the amount of seventy thousand dollars, current money of the said United States of America, and of the value of seventy thousand dollars current money aforesaid, of the moneys and property of the bank of St. Albans, a body corporate, constituted and recognized by the laws of the said State ot Ver- mont and the said United States of America, from the person, cus- tody and possession, and against the will of the said Cyrus Newton

3ishop, then and there feloniously and violently did steal, take and

carry away against the form of the statutes of the said State of

Vermont in such case made and provided, and against the peace

and dignity of said State.

These are therefore to command you, in Her Majesty’s name, forthwith to apprehend the said Samuel Eugene Lackey, Squire ‘Turner Teavis, Alamanda Pope Bruce, Charles Moore Swager, George Scott, Bennett H. Young, Caleb McDowall Wallace, James Alexander Doty, Joseph MeGrorty, Samuel Simpson Gregg, Dud- ley Moore, Thomas Bronsdon Collins, and Mareus Spurr, : and to bring them before me at the Court-house in the City of Montreal, in the said District of Montreal, to be dealt with according to the provisions of te statutes in such case made and provided.

Given undehmy hand and seal, at the town of St. Johns, in the said District, this twenty-fourth day of October, in the year of our Lord one thousand eight hundred and sixty-four.

(Signed) CHARLES J. COURSOL,

Judge of the Sessions of the Peace.

AR ane ap assaadaih ne

away

Q- Bit

yy other verville :

is, Ala- Bennett

wr Doty, Thomas

n of St. nt, one of

lay been ph Cour-

1 for the id, under and pub- instant, at he United ‘tain offen- known and ed, in and an assault, sar and in d a certain and dollars, and of the said, of the y corporate, te ot Ver- person, cus- rrugs Newton bal, take and id State of t the peace

gty’s name, key, Squire re Swager, Nace, J ay I rege, Duc a purr, and to hf Montreal, rding to the led. Johns, 0 the year of our

RSOL, rf the Peace.

Fe iA aOR

na ams DEI A

17

WARRANT ISSUED IN VERMONT.

To Leonard Gilman, Esq., one of the Justices of the Peace within and for the County of Franklin, in the State of Vermont, comes Chellis 'T. Safford, Grand Juror, within and for the town of St. Albans, in the County of Franklin, in the State of Vermont, and gives said justice to understand in and upon his oath of office, com- plaint makes that Squire Turner Teavis, Alamanda Pope Bruce, Marcus Spurr, Charles Moore Swager, Bennett H. Young, George Scott, Caleb McDowall Wallace, James Alexander Doty, Joseph

McGrorty, Samuel Simpson Gregg, Dudley Moore, William H. Hutchinson, Samuel Eugene Lackey, and Thomas Bronsdon Collins, of St. Albans aforesaid, with force and arms at St. Albans afore- said, to wit: on the nineteenth day of October in the year of our Lord one thousand eight hundred and sixty-four, in a bank-building then and there situate, and being and known and called by the name of the St. Albans bank, in and upon one Cyrus Newton Bishop, he the said Bishop there and then being the teller of said bank, there and then being in the peace of God and the State of Vermont aforesaid, feloniously did make an assault, and him the said Cyrus N. Bishop in bodily fear and danger of his life in the bank building aforesaid, there and then feloniously did put, and one thou- sand bills commonly called bank bills issued by the St. Albans bank, said bank being an incorporated bank, in the said State of Vermont, and the property of tle said bank, and of the denomina- tion and value of ten dollars each, one thousand bills commonly called bank bills issued by said bank, and of the property of said bank, and each of the denomination and value of twenty dollars, two thousand bills commonly called bank bills issued by the said bank, and the property of said bank, and of the denomination and value of five dollars each. ‘Two thousand bills commonly called bank bills issued by the said bank, and of the denomination and value of one dollar each ; ten thousand bills commonly called bank bills issued by the said bank, and the property of said bank, and of the value and denomination of two dollars each ; four hundred bills commonly called bank bills, issued by and the property of said bank of the denomination and value of fifty dollars each, and five hun- dred pieces of silver money commonly called half dollars, each of the denomination and value of fifty cents each, current money of the United States, and the property of said bank, from the person and possession and against the will of the said Cyrus Newton Bishop, in the said bank building, as such teller as aforesaid, then and there feloniously and violently did rob, steal, take, and carry

away, contrary to form, force, and effect of statute of said State in

B

18

such case made and provided, and against the peace and dignity of said State. CHELLIS 8. SAFFORD, Grand Juror. Witnesses, Cyrus N. Brsnop and others.

STATE OF VERMONT, ) St. Albans, October the twentieth, in the Franklin County, SS. \ year of our Lord one thousand eight hun- hundred and sixty-four. The above complaint exhibited to me, LEONARD GILMAN,

Justice of the Peace.

STATE OF VERMONT, ) To any Sheriff or Constable in the State:

Franklin County, SS. j Greeting i—

By the authority of the State of Vermont, you are hereby com- manded to apprehend the bodies of the said Samuel Eugene Lackey, Thomas Bronsdon Collins, Squire ‘Turner Teavis, Alamanda Pope Bruce, Marcus Spurr, William H. Hutchinson, Charles Moore Swager, Bennett H. Young, George Scott, Caleb McDowall Wallace, James Alexander Doty, Joseph McGrorty, Samuel Simp- son Gregg, and Dudley Moore, or either of them, and by whatever name they or either of them may be known or called, and them have before me at the office of the Sheriff in St. Albans aforesaid, there and then to answer unto the foregoing complaint, and to be further dealt with according to law. Fail not, but due service and return make. Dated at St. Albans, in the County of Franklin, this twen- tieth day of October, in the year of our Lord one thousand eight hundre ' and sixty-four.

LEONARD GILMAN, Justice of the Peace.

STATE OF VERMONT, } St. Albans, October twentieth, in the year

Franklin County, SS. § of our Lord one thousand eight hundred and sixty-four. I hereby certify the above to be true copies of the complaints made to me, and my account issued thereon.

LEONARD GILMAN,

[5 cent stamp. ] Justice of the Peace. STATE OF VERMONT, } I, Joseph H. Brainerd, clerk of the county Franklin County. j Court of the county of Franklin, in the

State of Vermont, which Court is a common law Court of record, do hereby certify that Leonard Gilman, Esq., was on the twentieth day of October, in the year of our Lord one thousand eight hundred and sixty-four, and still is a Justice of the Peace in and for the said County of Franklin, duly elected and qualified to act as such mag- istrate ; that the signature to the foregoing certificate, purporting to

=o

i i

‘a i if

the un-

iy Ce.

ate>

:om- key, Pope oore ywall im p- tever have there rther turn wen- ight \

? edce.

year dred the

19

be the signature of said Gilman, is the genuine signature ef said Gilman, and that full faith and credit ought to be given to the official acts of said Gilman.

In testimony whereof I have hereunto affixed the seal of the County Court of the County of Frank- lin aforesaid, and subscribed my name, officially,

{Seal of C.C.] at St. Albans, in said County of Franklin, this

. twenty-first day of October, in the year of our Lord one thousand eight hundred and sixty- four.

[Stamp 5 cts. ] JOSEPH I. BRAINERD, Clerk.

STATE OF VERMONT, ) T, Asa Owen Aldis, of St. Albans, in the

Franklin County, SS.) County of Franklin and State of Vermont, one of the Judges of the Supreme Court of the State of Vermont, and chief Judge of the County Court of the County of Franklin and State of Vermont, hereby certify that Joseph H. Brainerd, whose signature is appended and subscribed to the above certificate, is the clerk of the said County Court of the County of Franklin afore- said ; that I am well acquainted with and know the ignature of the said Brainerd, and the seal of the said County Court; that the signature subscribed to the above certificate is the genuine signa- ture of the said Joseph H. Brainerd, and the seal affixed to the said certificate is the seal of the said County Court, of the County of Franklin aforesaid ; that the said Court is a common law Court of record ; that the said Brainerd as clerk of the said County Court, has the custody of the record of all commissions issued to Justices of the Peace within and for the County of Franklin, and is the proper officer by law to certify as to the election, qualification, and authority of Justices of the Peace, acting within and for the county of Franklin aforesaid.

In testimony whereof I have hereunto set my hand, at St. Albans, in the County of Franklin aforesaid, this twenty-first day of October, in the year of our Lord one thousand eight hundred and sixty-four.

ASA OWEN ALDIS, Judge of the Supreme Court of the State of Vermont, and Chief Judge of the County Court of the

[5 cent stamp. ] County of Franklin in the State of Vermont. UNITED STATES OF AMERICA, ) I, John Gregory Smith, governor Strats or VERMONT, of said State of Vermont, do here- Executive Department. by certify that the foregoing docu-

ment is authenticated according to the laws of said State, and of the United States; that the signatures of the respective officers attatched to said certificates of authentication are genuine; and

20

that said officers respectively hold and exercise the offices which

they in and by said certificates purport to hold and exercise ; and

that the seal of the said County Court of the aforesaid County

of Franklin thereon, is genuine, and that full faith and credit ought to be given to said documents and certificates.

In witness whereof I have caused the seal of said

State to be hereto attached, and have affixed

[Seal of State of | my signature hereto, at Montpelier, this thirty-

Vermont. | first day of October, in the year of our Lord one thousand eight hundred and sixty-four. [5 cent stamp. ] J. GREGORY SMITH.

By His Excellency the Governor, Attest, G. W. Barney, Jun., Secretary of State.

Endorsed.

STATE OF VERMONT,

versus

SquirE TurNeER TEAVIS, Cates McDowatut WALLACE, ALAMANDA Pope Bruce, JAMES ALEXANDER Dory, Marcus Spurr, SAMUEL Simpson GREGG, CHARLES Moore SwaGeEr, Duptrey Moore,

WiuiiamM H. ilvtcurnson, SAMUEL Eugene Lackey. Bennett H. Youna, THoMAS BronsDon CoLLIns.

GEORGE Scott, Filed, Sth Nov., 1864. CJ.C., J.S.P

ee oe ee ae Wee ee”

re Deel, . Ste. Wale Cree a”

HVIDENCE

ST, ALBAN’S BANK CASE,

PROVINCE OF CANADA, District of Montreal.

America, teller of the St. Albans bank, now in the city of Mont- real, taken on oath this seventh day of November, in the year of our Lord one thousand eight hundred and sixty-four, at the Police Office in the Court-house, in the city of Montreal, in the Dis- trict of Montreal aforesaid, before the undersigned Judge of the Sessions of the Peace in and for the said city of Montreal, in the presence and hearing of Samuel Eugene Lackey, Squire Turner Teavis, Alamanda Pope Bruce, Charles Moore Swager, George Scott, Bennett H. Young, Caleb McDowall Wallace, James Alex- ander Doty, Joseph McGrorty, Samuel Simpson Gregg, Dudley Moore, Thomas Bronsdon Collins, Marcus Spurr, and William H. Hutchinson, who are now charged before me, upon complaints made under oath before me under the provisions of the Treaty between Her Majesty the Queen, and the United States of America, and our Statutes in that behalf made, with having committed within the jurisdiction of the United States of America, the following crime mentioned in the Treaty between Her Majesty the Queen, and the United States of America, to wit:—For that they, the said Samuel Eugene Lackey, Squire Turner Teavis, Ala- manda Pope Bruce, Charles Moore Swager, George Scott, Bennett II. Young, Caleb McDowall Wallace, James Alexander Doty, Joseph MeGrorty, Samuel Simpson Grege, Dudley Moore, Tho- mas Bronsdon Collins, Marcus Spurr, and William H. Hutchinson, on the nineteenth day of October last past, at the town of St. Albans, in the State of Vermont, one of the United States of America, being then and there armed with certain offen- sive weapons and instruments, to wit: pistols commonly known and called revolvers, loaded with powder and balls and capped, in and upon one Cyrus Newton Bishop, feloniously did make an assault and him the said Cyrus Newton Bishop in bodily fear and in danger of his life, then and there feloniously did put, and a certain sum of money, to wit: to the amount of seventy thousand dollars current money of the said United States of America, and of the value of seventy thousand dollars current money aforesaid, of the moneys

Pete ah toes Catedisine ad “Kye ager eies™s

Se a

Dep rates a so ir ements aia rae =

Sora

6 ian

Farias

2

and property of the bank of St. Albans, a body corporate, consti- tuted and recognized by the laws of the said State of Vermont, and the said United States of America, from the person and custody, and possession, and against the will of the said Cyrus Newton Bishop, then and there feloniously and violently did steal, take, and carry away against the form of the Statutes of the said State of Vermont, in such case made and provided, and against the peace and dignity of the said State. The deponent Cyrus Newton Bishop on his oath saith—On the nineteenth day of October last past, I was fulfilling the duties of teller in a banking institution. known as the St. Albans bank, in the town of St. Albans aforesaid, during which day, and between the hours of three and four of the clock, in the afternoon, two persons whom I had not known before, but whom I have since identified and whom I now see in the Court, and point out as two of the prisoners under examination. ‘These two persons are now known to me by the names of Thomas Bronsdon Collins and Marcus Spurr, such being the names to which they answer. At the time the said Collins and Spurr entered the said bank upon the said nineteenth dav of October last, I was behind the counter of said St. Albans bank. ‘hey immediately advanced towards the counter behind which I was, and each of them pointed a revolver of a large size to my breast, I being then about three feet distant from them. Seeing the revolvers thus presented towards me, I sprang from behind the counter to the director’s room which was near at hand, and attempted to close the door, but the said Collins and Spurr having followed me, forced the door open, and in doing so, I was struck on the forehead, and bruised, leaving a mark which was visible for some days. After having thus forced open the door, one of the prisoners, the said ‘Thomas Bronsdon Collins, laid hold of me with one hand by the collar of my coat, and with the other presented a revolver to my head, so near that it almost touched me. ‘The other prisoner, Marcus Spurr, also pre- sented a revolver to my head, at the same moment, both of them stating that if I made any further resistance or gave any further alarm, they would blow my brains out. I asked them what the programme was, and they answered that they were Confederate soldiers detailed from General Early’s army to come north, and to rob and plunder as our soldiers were doing in the Shenandoah valley. They then asked me where our gold was, to which I answered we had none. They next asked me if we had any silver, and I told them we had. At this moment I observed that three other persons had entered the bank; they were and still are unknown to me. ‘They joined the other two, and seemed to know each other, and acted in concert with each other. The leader of the gang then proceeded to admin- ister some kind of an oath to me. He compelled me to raise up my

sti- nt, nd rus al, ate ce 10p ik as Ing ck, but md wo Jon ley aid ind ced ted ree rds ich aid

nd a

23

right hand, and called upon me to solemnly swear that I would not give alarm or fire upon the Confederate soldiers; that is about all I can remember of the oath in question. There was also in the director’s room of the said bank at the time to which I have referred to, one Martin A. Seymour, a clerk of the said bank: revolvers were also presented at him in the director’s room by some of the said five persons, who were then acting in concert, and amongst whom were the said Collins and Spurr. They threatened him, and said that if he made any resistance and gave the alarm, they would blow his brains out also. After having thus iieeatened him, the oath of which I have before spoken, was administered to him and to me. Both of us were then detained as prisoners in the said room, two of the said five persons acting as guard over us, with a revolver in each hand: I was then ordered to show them the place in which the silver was kept, and I opened the safe in the said director’s room where the said silver was kept. So soon as I did this, one of the five persons pulled out three bags of silver containing about fourteen hundred dollars altogether. One of the party then remarked that they could not carry the whole of it, upon which they tore open the bags, and took away therefrom about four hundred dollars of the silver they contained. ach of the said five persons took a share of the said silver. I observed that four of these per- sons had satchels made, I believe, of morocco, into which they put the said silver, as also into their pockets. During the time the silver was thus being taken, Mr. Seymour and myself’ had to look on, being threatened that if we offered any resistance, we would have our brains blown out. After having thus taken the silver, three of the party went into the banking room, in which there was a safe for keeping of the bank bills of the said bank, and for the safe keeping of other currency. Said Collins and Spurr were two of the three said persons ; the other two remained guarding the said Seymour and myself in the way I have already stated. From this latter safe, the said last mentioned three persons took and carried away a sum of money amounting as nearly as I can now state to between seventy and eighty thousand dollars current money of the said United States of America. About forty thousand dollars of this amount was composed of bank bills issued by the said St. Albans bank, about twenty-four thousand dollars in promissory notes of the said United States, commonly called and known as greenbacks. They also took from the said safe other sums of money composed of bank bills issued by different banks in other States of the said United States, but all of which was current money as aforesaid. I now see before me in Court, twenty-four packages of bank bills, and greenbacks which I recognize and identify as the property of the said St. Albans bank, and which forms a part of the sum of

Fn veg ener neem

Sy

24

money I have already stated was stolen from the said St. Albans bank, by the said five persons, amongst whom were the said Thomas Bronsdon Collins and Marcus Spurr, on the said nineteenth day of October last. The said packages of bills and greenbacks are tied each with a paper band, eighteen of the said packages are tied with paper bands, which I recognize and identify as having been put on the said packages before they were stolen as aforesaid. Three of the said packages have upon them the letters “‘ B. B., cash,”’—the letters ‘“‘ B. B.” representing the name of Bradley Barlow, and the word ‘‘ cash’’ his occupation of cashier in the said bank. Fifteen of the packages now before me, are marked in pencilling by the said Martin A. Seymour, with the figures ‘“ 1000” pencilled on each, and thereby representing each package as containing one thousand dollars. ‘I'wo of the said packages are pencilled by the said Seymour, the one with the figures ‘‘ 500” representing it to contain five hundred dollars, the other similarly pencilled with the figures “© 100” representing it to contain one hundred dollars. These last mentioned packages in number seventeen, contain as per mark bills issued by the said St. Albans bank to the amount and value of $14,600 current money aforesaid. One of the said seventeen packages by the said pencil mark is represented as containing one thousand dollars of the promissory notes of the United States, com- monly called greenbacks, and current money aforesaid. In addi- tion to the said seventeen packages, I have now also before me seven other packages represented by the figures in writing and pencilling, as containing altogether fifty-eight hundred and ninety- five dollars. One of these last packages I also observe upon it the figures “ 1000” in pencilling by the said Martin A. Seymour, mak- ing altogether twenty-four packages represented by their respective

marks to contain twenty-one thousand four hundred and ninety-five .

dollars, which I declare to be the property of the said St. Albans bank, and a part of a larger sum stolen in manner as aforesaid, from the said bank. ‘The said packages of bank-bills, greenbacks, are now exhibited to me, by Guillaume Lamothe, Esq., chief of police, in whose possession and custody they have been placed; and I was informed that they were taken with other sums of money from the persons of the prisoners, but I have no personal know- ledge of it. he amount of money stolen from the said bank, was taken and carried away by the said five persons hereinbefore referred to, and amongst whom were the said Thomas Bronsdon Colkns and Marcus Spurr, against my will and consent, and by their having put me in bodily fear of my life ; and I further say, that I believe that if I had offered any resistance to the robbery in question, or attempted any alarm, these persons would have, as in the event of my doing so, they had threatened to do, blown my brains

ee ae ee oe ee a ee

aoe Wit ue tere ga ot

a

25

out; and I further believe that they would have dealt in like manner with the said Martin A. Seymour, if he had offered any resistance to the said robbery. After the said five persons had entered the bank, they turned the key of the lock of the entrance door, so as to prevent ingress or egress ; and during the time they were engaged in robbing the bank, a knock was heard at the door, upon which one of the said party of five opened it, and Samuel Breck, of St. Albans aforesaid, a merchant, entered. The moment he did so, the person who opened the door locked it: one of the said party then took hold of the said Breck by the collar of his coat with one hand, presenting a relver at him with the other. This person demanded his money, and forced him towards the counter. The said Breck, thereupon handed to this person a sum of money which I understood amounted to three hundred and ninety-three dollars. A note of the said Breck fe:l due that day, for five hundred dollars. I heard Breck say to one of the said party, that his money was private pro- perty, and I think that one of them replied, ‘* I dont care a damn for that.”’ After taking his money he was forced by the party into the said director’s room, and there, with Seymour and myself, detained asa prisoner. He was also told by the same persons, that if he made any alarm, they would shoot him. After this occurrence, a boy of seventeen or eighteen years of age, a clerk in the store of Joseph S. Weeks, a merchant of the town of St. Albans, also knocked at the door of the said bank, and was admitted by one of the said party ; he was then also laid hold of by one of the said party, and forcibly thrust into the said director’s room, and there, with the rest of us, kept a prisoner. Immediately after the accomplishment of this rob- bery, and before the said five persons had left the said bank, I heard several reports of fire arms as if discharged opposite the said bank, and thereupon three of the said five persons left the said bank, amongst whom were the said Collins and Spurr, and in less than two minutes afterwards, the remaining two left the bank, also walk- ing backwards out, and with their revolvers pointed at me, and the others detained in said room. As soon as the bank was clear of the said five persons, I stepped out on to the foot-walk in front of the said bank, and as I did, I saw the several persons on horseback, riding in a northerly direction. I judged they were between twenty-five and thirty men; some of them discharged large revol- vers in all directions at the citizens, as they were passing by amongst whom were women and children. This party to which I referred was dressed in civilian’s dress, and so also were the five persons who committed the robbery in the said St. Albans bank. They presented nothing in their appearance or dress to lead to the belief that they were soldiers, unless it was their possession of revolvers. They all seemed to be acting in concert together, and rode off from

26

the said town of St. Albans with great speed upon horses. The money so stolen as aforesaid, was in my custody and possession, up to the time of the said robbery. And my further examination is con- tinued till to-morrow morning at at ten o’clock, and I have signed CYRUS NEWTON BISHOP.

Sworn and taken before me this sev-

enth day of November, 1864.

Cuas. J. Courson, J.S.P.

On the eighth day of November in the year of our Lord one thousand eight hundred and sixty-four the deponenCyrus Newton Bishop above named, re-appeared before me the undersigned Charles Joseph Coursol, Esquire, Judge of the Sessions of the Peace in and for the city of Montreal, and being sworn, deposeth and saith :— Since the close of my examination yesterday, I counted the money contained in the twenty-four packages hereinbefore described, and I find that they contain the amount of money already mentioned, namely : twenty-one thousand four hundred and ninety-five dollars ; seventeen of the said packages contain one thousand dollars each, in bank-bills issued by the said St. Albans bank, at St. Albans aforesaid ; another of the said packages contains eleven hundred dollars of like bank-bills; another five hundred dollars of the same ; another four hundred and ninety-five of the same; another four hundred dollars of the same; another one hundred dollars of the same; two other packages contain, one nine hundred, the other one thousand dollars in promissory notes of the said United States, commonly called greenbacks, making altogether the said sum of twenty-one thousand four hundred and ninety-five dollars current money of the said United States. I further recognize and identify as belonging to the St. Albans bank aforesaid, and forming a part of a larger sum stolen from the said bank, on the said nineteenth day of October last, the sum of twenty-eight hundred and forty dollars, being a part of a larger sum produced by John O'Leary, a witness examined in this matter, and which sum of money is now before me. ‘Two thousand dollars of this last mentioned sum is in the promissory notes of the said United States commonly called greenbacks; the balance is composed of bills issued by different other banks in the said United States. I identify the said sum of money by the paper bands around the packages in which it is contained. In addition to all the amounts of money hereinbefore spoken of and described by me, I now identify another sum of money produced this day by the said chief of police, amounting to nine hundred and fifty dollars in the promissory notes of the said United States of An.:rica, commonly called greenbacks, as forming a part of the money stolen from the said bank, on the

a!

— Ss Des le an lene

fed eed IO lClCN Ci

m— fp

n~AF s~ fn

1 one ewton 1arles n and th :— loney , and oned, lars ; each, lbans dred ' the ther rs of the ited said llars nize and the ght ced

27

nineteenth day of October last, and the property of the said bank. This last sum of money I identify by the paper bands around the packages in which it is contained, and also by the figures in pen- ciling which are to be seen on the larger band which surrounded all the packages and name by the figures ‘‘ 1000” which I recognize and identify as having been put there by myself; I also recognize upon two of the smaller paper bands which surround the smaller packages the handwriting of Abner Forbes, cashier of the Ver- mont Central Railroad, and upon one of the said bands, the said Abner Forbes has written in figures “371,” and in writing the word ‘Tlartland.” I have a particular knowledge of this band, because it surrounded a sum of three hundred and seventy-one dollars, which was deposited in the said bank, before the robbery in question, by the said Forbes; and this band so marked was afterwards taken from the said package of three hundred and seventy-one dollars, and put by me around a package of one hun- dred dollars, the same which I now recognize. ‘The second smaller paper band I also identify by the figures “149,” and the words W. Hartford” written upon it, and which I recognize to be the hand-writing of the said Abner Forbes, and which surrounded a package of one hundred and forty-nine dollars by him also deposited in the said bank, previous to the said robbery. After the said de posit, I used the said band to tie the package of bills which it now surrounds. I further recognize and identify fifteen other packages of money now produced by the said chief of police as forming a part of a larger sum stolen from the said St. Albans bank, on the said nine- teenth day of October last. The said packages contain altogether twenty-six hundred and ninety-five dollars in various denomination, some of which are promissory notes of the said United States, called greenbacks, and other the issues of different banks in the said States. I recognize this sum of money by the paper bands in which it is con- tained. I identify them because I have used them in the bank. I further identify two other packages of money now produced by the said chief of police, containing one, one thousand dollars, the other, nine hundred and eighty-four dollars, as forming a part of a larger sum stolen from the said St. Albans bank on the said nineteenth day of October last, and which is the property of the said bank. Upon one of this last named packages, I observe in pencilling the figures ‘“¢ 1000,” and the letters “ B. B.” representing Bradley Barlow, cashier of the said bank. These figures and letters, were put there, by Martin A. Seymour, a clerk in the said bank. ‘The other package I recognize by the paper band surrounding it. And I further say that, that other sums of money have been on the said nineteenth day of October last, stolen from the said bank, which I have not seen since the robbery in question. All the moneys which

et es

-

}

i ed

pes aes

Sie

28

T have identified as having been stolen from the said bank, on the said nineteenth day of October last, were so stolen by the said five persons to whom I ‘have previously referred, and among whom were Thomas Bronsdon Collins and Marcus Spurr, two of the prisoners now under examination, and identified, and pomted by me.

The foregoing deposition having been read over in the presence of the persons so charged, the deponent declares the same to con- tain the truth and hath signed

CYRUS NEWTON BISHOP. Sworn and acknowledged before me at Montreal the 8th November, 186-4. Cuas. J. Courson, J.S.P.

The foregoing deposition having been made and read in the presence and hearing of the prisoners so above charged, they are asked if they have any questions to put to the deponent. They declare they have, and the following evidence is taken in Cross- examination by Mr. Kerr the prisoners’ counsel.

I do not recollect that the persons who entered the bank in the first instance said anything to me previous to my getting in the director’s room. I was very much frightened when they pointed their revolvers at me. The first thing ‘that I recollect of now that I asked him was, ‘ What this meant, ”? and what the pro- gramme was? Te then said that they were Confederate soldiers detailed from Early’s army, to come north to rob and plunder, the same as our soldiers were doing in the Shenandoah valley. When they took hold of my person by the collar, they said that if I made any further resistance or gave any alarm, they would blow my brains ont. I might have asked them to spare my life, some time during their presence there, but I cannot say positively that I did so. Fright and confusion consequent thereon tended to confuse my thoughts at first, still I recollect what took place at first; I am certain that I detailed all the incidents correctly ; I may have overlooked some however; I cannot swear that I did not ask them to spare my life. I understood, when they said that they were Confederate soldiers, that they were soldiers from the South. North and South have been at war with each other for some years past, and are still so. Collins told me, after the silver was taken, that if their soldiers were not fired upon, they would not harm us. I don’t remember the whole of the oath administered to me by Collins, because I did not stop to study it at that time. I was willing to do anything at that time to save my life. The initials “ C. N. B.,” upon the package of one thousand dollars greenbacks, were put by me at Stanbridge,

see

Se aces hes

frisce? ere

on the uid five m were isoners

esence O COon-

OP.

in the ey are They

Cross-

nk in etting they et of

pro- Idiers *, the Vhen if I blow

29

on or about the twenty-second day of October last; the figures 1,000” were also put by me there. I identified said packages at Stanbridge by the figures “1,000” in pencil on the paper band of the said parcel, put there by Martin A. Seymour. I swear positively that those figu' are Martin A. Seymour. I iden- tified the package of nine nundred dollars, solely by the paper bands enveloping the small packages, of which it is composed. I do not know that there is anything very peculiar about those bands. It is a common thing in banks to have bands of that kind round parcels of their notes. I recognize the package of nine hundred and eighty-four dollars, merely by the band upon the small packages it contains, knowing that we had such money put up. ‘The package of ninety-five dollars in greenbacks, of different denominations, included in the large package marked as containing two thousand six hundred and ninety-five dollars, were loose when I first saw them at Stanbridge, and the band was placed round them by me. ‘he package of five one hundred dollars greenbacks, were also loose when I first saw them, and were banded by me in Stanbridge. There were no distinguishing marks upon the greenbacks so put up by me at Stanbridge, to show that they had been the property of the St. Albans bank, and I identified them because they were in with others upon which there was special marks. I cannot identify the hundred dollar greenbacks in the package by any other mean, that he was in among others that were marked. When I came out of the bank, as mentioned in my examination-in-chief, the parties on horseback, who had fired pistols as I have mentioned, were at a distance of about one quarter of a mile from me. I cannot tell how many people there were passing the said band of men at the time I went on the side-walk. I cannot tell how many women and children I saw near them. I saw half-a-dozen near them. I cannot say that I saw them firing when I came on the foot-walk, but they were firmg when I saw them in front of the bank. I saw them previous to leaving the bank, through the window. I did not see any person wounded by the shots fired by the party. I still swear that they were firing at the citizens, because I saw them pointing their pistols down to the citizens, and saw and heard them discharge their pistols. Perhaps two minutes elapsed between the time that the last two men left the bank and my going out. I saw the men on horseback firing as aforesaid, previous to the two men leaving the bank. The band had not left the town of St. Albans, when I came out on the foot-walk. I think that the town of St. Albans extends in a northerly direction more than one quarter of a mile from the St. Albans bank. I was in the director’s room when the shots were fired, and from the place I stood I could see through the banking room into the street.

30

On re-examination by Mr. Ritchie on the part of the prosecution the deponent saith:—When I said, upon my cross-examination, that the parties were soldiers from the South, I meant to say that they claimed to be such. Immediately before the robbery of the bank, the bank was in possession of notes of the same kind and denomination as those referred to in my cross-examination, and notes of those descriptions were taken away from the bank by the parties I have spoken of.

The prisoners counsel and the counsel for the prosecution having declared that they had no further question to put to the deponent and this deposition having been read in the presence of the said prisoners the deponent declares it contains the truth and hath signed

CYRUS NEWTON BISHOP.

Sworn, taken, and acknowledged on the day, month, and year here- inbefore mentioned before me.

Cnas. J. Coursot, J.S.P.

cution nation, yy that sry of e kind nation,

ink by

having ponent e said signed

OP.

PROVINCE OF CANADA ' . Arrom District of Montreal, ) 8e5 LICE ‘OURT

The examination of Henry Nelson \V man, FE aire, of the Township of Stanbrige in the District of lford. Justice of the Peace taken on oath this third day of November in the year of our Lord one thousand eight hundred and sixty-four, at the Police Office in the Court House, in the city of Montreal, in the District of Montreal aforesaid, before the undersigned Judge of the Sessions of the Peace in and for the said city of Montreal, in the presence and hearing of Samuel Eugene Lackey, Squire Turner Teavis, Alamanda Pope Bruce, Charles Moore Swager, George Scott, Bennett H. Young, Caleb McDowall Wallace, James Alexander Doty, Joseph McGrorty, Samuel Simpson Gregg, Dudley Moore, Thomas Bronsdon Collins, Marcus Spurr, and William H. Hutchinson, who are now charged before me, upon complaints made under oath before me under the provisions of the ‘Treaty between Her Majesty the Queen and the United States of America, and our Statutes in that behalf made, with having com- mitted within the jurisdiction of the United States of America, the following crime mentioned in the Treaty between Her Majesty the Queen, and the United States of America, to wit:—For that they, the said Samuel Eugene Lackey, Squire Turner Teavis, Alamanda Pope Bruce, Charles Moore Swager, George Scott, Bennett H. Young, Caleb McDowall Wallace, James Alex- ander Doty, Joseph McGrorty, Samuel Simpson Gregg, Dudley Moore, Thomas Bronsdon Collins, Marcus Spurr and William H. Hutchinson, on the nineteenth day of October last past, at the town of St. Albans, in the State of Vermont, one of the United States of America, and within the jurisdiction of the said United States of America, being then and there armed with certain offensive weapons and instruments, to wit, pistols commonly called revolvers, loaded with powder and balls and capped, in and upon one Albert Sowles, feloniously did make an assault, and him, the said Albert Sowles, in bodily fear, and in danger of his life, did then and there put; and a certain sum of money, to wit, to the amount of nine thou- sand dollars current money of the said United States of America, and of the value of nine thousand dollars current money afore- said ; also certain valuable securities, to wit, certain United States Treasury Notes to the amount and value of twenty-nine thou- sand six hundred and fifty dollars current money aforesaid; certain promisory notes of the United States of America, bearing five per

cent. interest, called five per cent. legal tenders, to the amount and value of fourteen thousand dollars; and certain promisory notes of the said United States of America, called five per cent.

compound interest notes, to the amount and value of one thousand dollars current money afores aid, of the moneys and property of the Kirst National Bank of St. Albans, at St. Albans aforesaid,—a body corporate, constituted and recognized by the laws of the said United States of America,—from the person, custody, and posses- ion, and against the will, of the said Albert Sowles, and in his presence, then and there, feloniously and violently, did steal, take, and carry away, against the form of the Statutes of the said State of Vermont, in such case made and provided, and against the peace and dignity of the said State.

This deponent, Henry Nelson Whitman, on his oath saith:—I recognize among the prisoners, now in Court, the following, naming themselves respectively, —Samuel Kugene Lackey, Marcus Spurr, James Alexander Doty, Joseph MeGrorty, Alamanda Pope Bruce, and Thomas Brondson Collins. I first saw four of them, viz.: Samuel Eugene Lackey, Marcus Spurr, Alamanda Pope Bruce, and Thomas Brownston Collins, at Stanbridge, aforesaid, during the night of the 19th, and, to the best of my knowledge, about one o’clock on the morning of the 20th day of October last past. ‘lwo of them, namely, Bruce and Spurr, were in bed, at a tavern kept in the village of Stanbridge, by one William Elder; and I made prisoners of them, and put keepers over them. ‘The prisoner, Collins, came into Henry Bacon’s hotel, in Stanbridge East, between twelve and one o’clock in that night. I was in the hotel at the time, and ordered him into custody, and placed keepers over him and the prisoner, Samuel Eugene Lackey, was arrested on the side-walk near Mr. Bacon’s hotel. He was also arrested by my orders, in my presence, and brought into Mr. Bacon’s hotel. ‘They were all dressed in common civilians’ dress. The two others, namely, James Alexander Doty and Joseph McGrorty, were arrested by me the following night, that is to say about two o’clock in the morning, of the 21st day of October last. ‘They were then sleeping in a barn, in the first Concession of Dunham, in the same district ; they were also dressed in civilians’ clothes. These two last men were armed, each having a Colt revolver. The first two, namely, Bruce and Spurr, were also armed when arrested, having each two revolvers. The remaining two prisoners, before named, were not armed. These persons so arrested had their clothes spotted with mud, and some of them having even mud on their faces, having the appearance of persons who had travelled rapidly over mudd roads. I adopted the precaution of searching the whole of these men when they were arrested, telling them they were arrested for robbing the St. Albans bank. I found money upon all of them; their pockets were all filled. Upon the arrest of the said Bruce and Spurr, at Elder’s tavern, the following packages of money, to wit, one

sand f the l—a » said ysSeS- n his take, State t the

1:—lI ming purr, ruce, umuel 1omas ht of ck on them, n the soners came welye , and d the -walk rs, in e all ames the g, of arn, were med, and rors. med. hud, the ddy hese for bm nd One?

33

package of bank bills of the St. Albans bank, containing one thou- sand dollars, and marked on the cover with the initials, ““C. N. B.,’’ being the initials of Cyrus Newton Bishop, the teller of the St. Albans bank ; another package of bank bills of the same bank, of the denomination of twenties, bearing also on the cover the initials of Mr. Bishop ; also another package of United States notes, com- monly called greenbacks, to the amount of nine hundred dollars, like- wise counted and bearing the initials of Mr. Bishop, and another package of the same, to the amount of one thousand dollars ; another package of bank bills of the St. Albans bank, to the amount of one thousand dollars, and initialed on the cover, as above stated ; anoth- er package of bank bills of the same bank, to the amount of one thousand dollars, marked on the cover in the same manner; another package of bills of the same bank, to the amount of one thousand dollars, likewise initialed on the back; another package of bills of the same bank, of the denomination of fifties, to the amount of one thousand dollars, likewise marked on the cover ; also another pack- ave, containing one thousand dollars of bills, of the same bank ; eleven other packages of bills of the same bank, each containing one thousand dollars, and marked in the same way on the back ; also a package of bills of the same bank, to the amount of five hundred dollars ; another package of the same, to the amount of four hundred dollars; another of the same, to the amount of four hundred and ninety-five dollars ; another of the same, to the amount of one hundred dollars. Many of the packages had no bands on them, and others had, and Mr. Bishop put new bands on them, and marked them, having counted them ; and likewise a package of United States Treasury notes, commonly called seven and three- tenths Treasury notes, to the amount of fourteen thousand eight hun- dred dollars. The said Bruce and Spurr, as I have stated, were in bed. When I entered their bed-room, they were sleeping together in the same bed. These packages of money and Treasury notes I took out of the pockets cf their coats and trousers, and some packages I took loose under their pillows, from under their heads; and I also found in their pockets a few dollars in Aimerican half dollars. These packages of bank bills, and treasury notes, and silver I have now handed to Guillame Lamothe, Esq., chief of police, order by of the judge of sessions. I found upon the prisoners, Lackey and Collins, when I searched them in Mr. Bacon’s hotel: two packages of bank-bills of American banks: one containing nineteen hundred and eighty-four dollars, in the other package, including green- backs and New England bills, to the amount of two thousand six hundred and ninety-five dollars, which I now hand over to the said chief of police, by order of the judge of sessions.. They had these packages of money and greenbacks in their pockets. I found Cc

34

upon the prisoners, James Alexander Doty and Joseph McGrorty, upon my arresting them in the barn, packages of bank-bills, one of which packages now produced by me, contains five thousand two hundred and sixty dollars; another package of bank-bills and greenbacks, marked as containing three thousand and sixty-five dollars; another package of bank-bills, marked as containing seventeen hundred dollars ; one package principally greenbacks, and a few bank-bills, marked as containing fourteen hundred dollars ; one St. Albans bank bill for twenty dollars ; and twelve hundred dollars of United States five-twenty bonds, which I now produce and hand over to the said chief of police, by order of the judge of ses- sions. I found these packages of money and United States notes in the pockets of the said Doty and McGrorty, when I so searched them in the ssid barn.

And my further examination is continued till to-morrow morning at ten o’clock, and I have signed

HW. N. WHITMAN.

Sworn and taken before me this 3rd day of November, 1864. Cuas. J. Courson, J.S.P.

And on this day the fifth day of November in the year of our Lord one thousand eight hundred and sixty-four, the above depon- ent Henry Nelson Whitman appears before the undersigned Charles Joseph Coursol, Esquire, Judge of the Sessions of the Peace in and for the city of Montreal and having been sworn in the presence of the above named prisoners deposeth and saith :

Upon the arrest of the prisoners, Bruce and Spurr, at William Elder’s tavern, I found in their possession four revolvers, which I suppose to be of Colt’s manufactory, each revolver being covered with leather belts or holsters. ‘These revolvers I now produce, and they are in the same state now as when I found them in the possession of the said Bruce and Spurr. They had them under their pillows in the bed they were sleeping in. Each revolver had six chambers, some of them loaded and cap- ped, and a few of them having the appearance of having been discharged. These revolvers I now mark with my initials on the belts for the purpose of identification, and now hand them over to the chief of police, by order of the judge of session. I found no arms upon the prisoner Collins, nor upon the prisoner Lackey. I found, upon the arrest of the prisoners, Doty and McGrorty, in the barn, and under their clothing thrown upon the hay, two revolvers of a similar description, contained each in a leather belt, and I now produce them in the same state as I found them, and I now mark them in the same manner for identification, and give them to the

ai otk

bi 2H, # fs =e ra 3 i

Nas,

ee ee

rorty, one of id two s and ty-five aining backs, ollars ; indred ce and of ses- ; notes arched

Lorning

AN.

of our depon- Charles bin and nee of

Villiam

x ‘e RE Ay BiG 3 HE ae + + 2 : # | a & % Se -

30

said chief of police, by the same order. These revolvers are also loaded, and almost all the chambers are capped. From Stanbridge East to St. Albans, in the State of Vermont, there is a direct road, and the distance is about twenty-five miles, and from the place where Doty and McGrorty were arrested to St. Albans, there is about the same distance ; but the barn, where they were secreted, is about a distance of eighty rods from the road leading from Stanbridge to Dunham Flats. I took possession of the revolvers, as well as of all the money I found in the possession of the said prisoners, and kept them safely until I produced them before this Court. When I arrested the said Bruce and Spurr, one of them asked me whether I was a British officer, and I answered that I was a magistrate, and that I arrested them for robbing the St. Albans banks. One of them, whom I believe to be Bruce, said, we are Confederate soldiers, and that the money they had captured from St. Albans, was in retaliation for the destruction of private property by Sheridan, in the Shenandoah valley. At the time this conver- gation took place, I had taken possession of the money found upon them. They then asked me to telegraph to C. C. Clay, at Montreal, to inform him that they were captured, and to do his best for them. They refused giving their names to me. I informed them tha. there was no telegraphic communication from that place ; that they would as soon get an answer by letters, and the next day they wrote a letter, addressed, as I believe, to C. C. Clay. They told me that the said Clay was a Confederate agent at Montreal. The bank bills, spoken of by me, and which I found in their possession, they both acknowledged to have taken out of the banks at St. Albans. In conversing with me, while they were in my charge, they also told me how they got away from St. Albans. ‘hey were both together in the same room with me at Elder’s tavern. They said they had taken horses wherever they could find them in St. Albans; had put blankets on, and that many had no saddles on ; and that they rode off to Canada, and that having no saddles, were badly chafed for riding so long; that when they got to Canada, they had abandoned their horses, in order to avoid pursuit. The morning following their arrest I found three horses loose, on the main road, without saddles or bridles. I secured them, and they were shortly afterwards claimed by their owners, residents of St. Albans. This is about all Bruce and Spurr said to me; and I made use of no threats, nor held out any inducements to them to make such state- ments ; they were freely and voluntarily made. Upon the arrest of the prisoner Collins, and during the time he was in my charge, he made similar statements to me as those made by the other prisoners, as also did the prisoner Lackey. The prisoners Doty and McGrorty made to me similar statements, and admitted that

36

the bank bills and securities taken from them, and produced by me before this Court, had been taken by them from the St. Albans banks, with the exception of some small change in their wallet, which they said were their private moneys, and which I have this day returned to them, by order of the judge of the sessions. The statements of the four last prisoners referred to, were also voluntarily and freely made. ‘T'wo or three days elapsed between the period of the first arrest and my handing over the six prisoners to the judge of sessions. They did not tell me where they had got their arms. Part of the last day these prisoners were in my custody, I had them all together in one room. They appeared to me to know each other very well, and seemed to be very glad to meet. Previously I kept them separate—two at one tavern, and two at another ; and it was at their own special request to be permitted to meet together in one room, that I granted that request. I re- member saying in the presence of, I believe, four of them, that they had shot two or three persons in St. Albans, namely, C. H. Huntingdon and one Morrison, and that it was not expected that the said Morrison would live. They said that they were sorry, and that their orders were not to take life, except in their own self- defence. They all admitted to me that there were twenty-one of them altogether at St. Albans.

The foregomg deposition having been read in the presence of the prisoners so charged the deponent declares the same to contain the truth and hath signed

H. N. WHITMAN.

Sworn before me at Montreal, this 5th November, 1864.

Cuas. J. Courso, J.S.P.

The following answers given upon Cross-examination by Mr. Kerr, counsel for the prisoners and in their presence.

Nothing but a verbal complaint, not on oath, had been made to me previous to my arresting the six prisoners mentioned in my examination-in-chief. This complaint was made to me between eleven and twelve o’clock at night by one Smith and Holmes. They told me there was a band on the way to this place, that is Stanbridge, who had robbed the banks at St. Albans, and shot men down ‘in the streets. I said then there was no time to make out any writings, but I would proceed in person to arrest them, for I would not delegate any other person to arrest them, for fear they would abuse that power. I supposed at that time I had authority under the Treaty Act, but I have since learned it has been amended. I was informed by the parties who gave me

hy me \lbans vallet, ve this The ntarily period to the t their cody, I » know meet. two at rmitted I re- m, that _C. Hi. S ed that 2 ry, and 3 self -one of

nee of contain

AN.

ea a =

Lar) tes

¥ RIT Se ace spe Sut ’ sik aa = SN ea ee er ae a ie ee i OM ee eee Ne oi ee eS cS

rei StealReaact ea aes S Bees eos

37

the information that the band of men who had robbed the banks must have in their possession a large amount of bank notes and securities, and the people of St. Albans were in pursuit of them. The said men did not tell me that the persons who had taken the money from the banks had declared that they were Confederate soldiers. I did not think about the money when I determined upon going to superintend the business, but I fancied that there might be some infraction of our laws by them, or the party in pursuit. About six men were with me when I entered Bruce and Spurr’s room in Elder’s tavern. They were those whom I had called upon to assist me. The money was taken from them in the bed-room. Some of it I took out of their pockets, and the other was taken from under their pillows, by a man of the name of Martindale, in my presence, and handed over to me immediately. I took it right over to the bank and had it counted by the director of the bank. I helped him do so, and one Mr. Blynn, a magistrate, also helped him. It was then rolled up and sealed in their presence. I think it was a little after two o’clock in the morning when the prisoners Bruce and Spurr were arrested. I do not think that half an hour had elapsed between their arrest and the counting of the money. Mr. Blynn accompanied me to the bank from Elders; C. H. Baker also. I did not count the money in the presence of the prisoners from whom it was taken. A person of the name of Knight who assisted me handcuffed the prisoners Bruce and Spurr. ‘The next day I took handcuffs from two of the prisoners at Elder’s and told Mr. Knight to take them off from the others. Collins was taken in Bacon’s hotel, and was searched in a room. Soon after his arrest I went to arrest some more, but as they had gone away I went back to the room where I had left Collins under keepers, and as I entered the room some one had commenced pull- ing the money out of their pockets and laying it upon the table. I told them to stop for I must see from whom it is taken, and this money must be kept by itself. I then continued the search myself in person, and got what I supposed to be all he had; but found on the next day three one hundred dollar bills, which he, Collins, handed out to me, stating at the time, it was his private funds. I got from Collins in bills and greenbacks the amount of two thousand six hundred and ninety-five dollars. When I first saw Collins he had a satchel about his shoulders. When I returned and saw the men in taking the money out of Collins’ pockets, he, (Collins,) I believe, complained that money had been taken by some of the men from his satchel.

@uestion.—Did you or did E. C. Knight arrest the prisoners Bruce and Spurr ?

Answer.—I had previously sent for Mr. Knight to come and

a jp ie FY TR eons Pe ey oe + uence tata sinnin gene ee = = od ree nian RE Secret oe See

os a ot

RE: aan ee aisaric ace

ee ee

ae

pane Tin ee nee

tel

ee Weg aes

es

ee

2S

Siege ae Gomme

al ie |

38

assist me to arrest those men. He, and four or five others, went with me up to the door where they were sleeping. Knight went to knock at the door, and I ordered him away from the door. Another person, I think Martindale, Lurst the door, and he, Martindale, Cross, and I went in first, and the rest that were with me followed, and I told the prisoners that they were arrested for robbing the St. Albans banks; Martindale laid his hand upon them first, and then Knight jumped upon the bed and put handcuffs on them. I took some money in a roll from Collins’ satchel. The two packages of notes now produced, marked as containing one, two thousand six hundred and ninety-five dollars, was taken from Collins’ pocket ; and the other, marked as containing nineteen hundred and eighty-four dollars, was taken from Lackey’s pockets. The money I took from Collins’ satchel is included in the package marked as containing two thousand six hundred and ninety-five dollars. The reason that the prisoners assigned for not giving me their names was that they were of respectable parentage, and that they did not wish their names to go back to their friends as having connection in this raid, and for the reason that it would give their friends unpleasant feelings. I swear that I have produced all the moneys and other effects either taken by me from the prisoners, or delivered to me by other people as having been taken from the prisoners, with the exception of a satchel. The prisoners’ counsel declares having no further questions; and this deposition having been read in the presence and hearing of the said prisoners, the deponent declares it contains the truth, and hath signed (Signed) H. N. WHITMAN.

Sworn, taken, and acknowledged )

before me, on the day, month,

and year, and at the place, here-

inbefore mentioned.

(Signed) Cuas. J. Courson, J.8.P.

st ME Sa oi sais Ub ea

» went. i went

door. id he, ‘e with ted for n them ndeufts atchel. taining taken neteen ockets. ackage ty-five ng me nd that having re their all the

ers, Or

om the counsel having brs, the

AN.

ins ai 5a as le SS ie eae

aa

ie

piiieis

PROVINCE OF CANADA, District of Montreal.

Sawiees = POLICE COURT. Examination of John O'Leary, of the city of Montreal, in the District of Montreal, detective police officer, taken on oath this 7th day of November, in the year of our Lord one thousand eight hundred and sixty-four, at the Police Office in the Court-house, in the city of Montreal, in the District of Montreal aforesaid, before the undersigned Judge of the Sessions of the Peace in and for the said city of Montreal, in the presence and hearing of Samuel Eugene Lackey, Squire Turner Teavis, Alamanda Pope Bruce, Charles Moore Swager, George Scott, Bennett H. Young, Caleb McDowall Wallace, James Alexander Doty, Joseph McGrorty, Samuel Simpson Grege, Dudley Moore, Thomas Bronsdon Collins, Marcus Spurr, and William H. Hutchinson, who are now charged before me, upon complaints made under oath before me under the provisions of the Treaty between Her Majesty the Queen, and the United States of America, and our Statutes in that behalf made, with having committed within the jurisdiction of the United States of America, the following crime mentioned in the Treaty between Her Majesty the Queen, and the United States of America, to wit :— For that they, the said Samuel Eugene Lackey, Squire Turner Teavis, Alamanda Pope Bruce, Charles Moore Swager, George Scott, Bennett H. Young, Caleb McDowall Wallace, James Alex- ander Doty, Joseph MeGrorty, Samuel Simpson Gregg, Dudley Moore, Thomas Bronsdon Collins, Marcus Spurr, and Wilham I. Hutchinson, on the nineteenth day of October last past, at the town of St. Albans, in the State of Vermont, one of the United States of America, being then and there armed with certain offensive weapons and instruments, to wit: pistols commonly known and called revol- vers, loaded with powder and balls and capped, in and upon one Cyrus Newton Bishop, feloniously did make an assault and him the said Cyrus Newton Bishop in bodily fear and in danger of his life, then and there feloniously did put, and a certain sum of money, to wit: to the amount of seventy thousand dollars current money of the said United States of America, and of the value of seventy thousand dollars current money aforesaid, of the moneys and pro- perty of the bank of St. Albans, a body corporate, constituted and recognized by the laws of the said State of Vermont, and the said United States of America, from the person and custody, and pos- session, and against the will of the said Cyrus Newton Bishop, then and there feloniously and violently did steal, take, and carry away against the form of the Statutes of the said State of Vermont, in such case made and provided, and against the peace and dignity of the said State. The deponent, John O'Leary, upon his oath deposeth

Pa eS eae yaaa etd Ere ENE ai Mir ele ae

— ‘se

Tamara acacia

>

SSI eee

= ae aes “ ae SSS ee eens aee eRe See Sn a oe — =

j

h

ae iit init Weeid uy

it

i

40

and saith: On the twentieth of October last, I arrested one of the prisoners, who now gives his name as George Scott, and who is under examination at Farnham, which is distant from St. Johns in the District of Iberville, about nineteen miles. I was out there by the instruction of the chief of police, Mr. Lamothe, to arrest, if I could, the persons who had broken into the banks of St. Albans, aforesaid ; and it was whilst I was on duty there that I arrested the said Scott. At the time I arrested him he was in the railroad station, and after his arrest I put him in the custody of William Donohue, a sergeant of the government police force of the city of Montreal ; but before I made him my prisoner, I asked if he was from Montreal, and he said he was. I then asked him from what part of Montreal; he said that he resided at the head of St. Dominique street ; I asked if he knew any person there, and he said he did not. I then asked himifhe knew me, and he replied he did not; upon which I called him outside, and told him, that I was a detective officer from Montreal ; I then searched him, and found in his possession the sum of two thousand eight hundred and fifty-nine dollars and thirty-one cents, composed of promissory notes of the United States of America (commonly called greenbacks), bank bills issued by different banks in the said United States, gold and silver coin, and one dollar and eighty cents in the postal currency of the said States, and five cents and one penny of Canadian currency which I now produce at this examination. After taking possession of this money, I counted it, and having sealed it in a paper package, I tied it in a pocket handkerchief, and delivered it to Guillaume Lamothe, Esq., chief of police. On Saturday last, the fifth of November instant, I received the said package from the said chief of police, sealed and tied in the manner and form as it was when I delivered it to him. I then opened the said package in the presence of Cyrus Newton Bishop, now present, for the purpose of letting him see its contents with a view to its identity, after which I put my private mark upon it, and again handed it over to the said chief of police, from whom I have this day received it in the same order and con- dition in which it was whenI gave it to him upon the said fifth instant, and it has upon it the private mark of which I have just spoken. At the time I arrested the said Scott, I asked him his name, and he told me it was George Williams: I told him then that I arrested him upon suspicion of his having been one of the persons who had broke into the banks, at St. Albans, aforesaid ; he replied that he was a Confederate soldier, and requested our protection. When I accused him of having broken into the banks of St. Albans, he neither admitted or denied having done so. He was dressed in civilian’s clothes and appeared to be much fatigued. He had no fire-arms about him, but had a map of Canada. ‘The prisoner, who L ]

41

‘the now gives his name as George Scott, is the same person whom I

der arrested in Farnham, and who gave me his name as George Williams,

the and whom I put into the custody of said sergeant William Donohue.

» by The foregoing deposition having been read over in the presence

if I x of the prisoners so charged, the deponent declares the same to con-

ans, ; tain the truth, and hath signed.

the fe (Signed) JOHN O'LEARY.

road ; Sworn before me at Montreal, this )

liam : Tth November, 1864. j

y of Cuas. J. Courson, J.S.P.

was

ie The following evidence is given upon cross-examination, by Mr. Ms bd Laflamme, counsel for the prisoners, and in their presence :

"i d ' The prisoner Scott did not to my knowledge claim any portion of

aia Ba the money taken by me from him as aforesaid as his private pro- ; & perty.

ad in a The prisoners counsel declare having no further questions to put

ie 2 to the deponent, and this deposition having been read in the pre-

a a sence of the said prisoners, the deponent declares it contains the

om a truth, and hath signed.

JOHN O'LEARY.

Sworn, taken, and acknowledged, on the day, month, and year, hereinbefore mentioned, before me.

(Signed) Cuas. J. Coursot, J.8.P.

PROVINCE OF CANADA, 2 District of Montreal,

POLICE COURT.

The examination of Roswell Albert Ellis, of the village of Water- loo, in the County of Shefford, in the District of Bedford, Esquire, Justice of the Peace, now in the city of Montreal, taken on oath this eighth day of November, in the year of our Lord one thousand eight hundred and sixty-four, at the Police Office in the Court- -house, in the city of Montreal, in the District of Montreal aforesaid, before the undersigned Judge of the Sessions of the Peace in and ‘for the said City of Montreal, i in the presence and hearing of Samuel Eugene ‘Lackey, Squire Turner Teavis, Alamanda Pope Bruce,

Charles Moore Swager, George Scott, Bennett H. Young, Caleb McDowall Wallace, “James Alexander Doty, Joseph MeGror ty, Samuel Simpson Gregg, Dudley Moore, Thomas Bronsdon Collins, Marcus Spurr, and William H Tlutchinson, who are now charged before me, upon complaints made under oath before me under ‘the provisions of the 'l'reaty between Her Majesty the Queen. and the United States of America, and our Statutes in that behalf made, with having committed within the jurisdiction of the United States of America, the following crime mentioned in the Treaty between Her Majesty the Queen, and the United States of America, to wit:

—For that they, the said Samucl Eugene Lackey, Squire Turner Teavis, Alamanda Pope Bruce, Charles Moore Swager, George Scott, Bennett H. Young, € Caleb McDowall Wallace, James Alex- ander Dotv, Joseph MecGrorty, Samuel Simpson Greee, Dudley Moore, Tnomas Bronsdon Collins, Marcus Spurr, and William H. Hutchinson, on the nineteenth day of October last past, at the town of St. Albans, in the State of Vermont, one of the United States of America, being then and there armed with certain offensive wea- pons and instruments, to wit: pistols commonly known and called revolvers, loaded with powder and ball and capped, in and upon one Cyrus Newton Bishop feloniously did make an assault, and him the said Cyrus Newton Bishop in bodily fear and in danger of his life, then and there feloniously did put, and a certain sum of money, to wit: to the amount of seventy thousand dollars current money of the said United States of America, and of the value of seventy thousand dollars current money aforesaid, of the moneys and pro- perty of the bank of St. Albans, a body corporate, constituted and recognized by the laws of the said State of Vermont, and the said United States of America, from the person and custody, and pos- sesssion, and against the will of the said Cyrus Newton Bishop, then and there feloniously and violently did steal, take, and carry away against the form of the Statutes of the said State of Vermont, in such case made and provided, and against the peace and dignity

ter- lire, 9a th sand USC, fore the nuel uce, ‘aleb ity, ins, rged » the l the ade, tates veen wit: rer

43

of the said State. The deponent, Roswell Albert Ellis, upon his oath deposeth and saith :—About three o’clock on the morning of the twenty-first day of October last past, I was informed that a person suspected of being engaged in the St. Albans raid was stopping at Hall’s hotel, at the railroad station, in Waterloo aforesaid ; at about six o’clock on the same morning, I found this person in the railroad cars, having taken passage for Montreal, and I now see him, and recognize him by the name of Dudley Moore, as one of the prisoners here under examination; I arrested the said Moore and caused him to be taken to Hall’s hotel. A short time after- wards, about ten minutes, the money contained in the package which I now have before me, was handed to me by Edward Lang- ley, in presence of Charles 8. Martin, a bailiff, who took the said Dudley Moore, and also in presence of David Frost, junior. After receiving the money, I counted it in the presence of these persons, and found that it amounted to nine hundred and fifty dollars, and was contained in ten packages, nine of which contained one hun- dred dollars each, the other fifty. The said ten packages were tied together with a paper band. I was also handed by either the said Langley or Martin a small wallet, which is now produced, and which I found contained a fifty dollar promissory note, of the said United States of America, commonly called greenbacks ; there was also a ten dollar note issued by the Confederate States. The said nine hundred and fifty dollars, which I received from the said Langley, consists altogether of promissory notes of the United States, commonly called greenbacks. After having, as already stated, counted the said money, I rolled it in a handkerchief, put it up in a paper parcel, sealed it, and delivered it to the said Charles S. Martin ; it is the same parcel which has this moment been placed in my hands by Guillaume Lamothe, Esq., Chief of Police, and I find it in the same order and condition in which it was when I deliv- ered it to the said Charles 8. Martin, and containing the amount of money which I counted and put up in the same. Upon the twenty- first day of October last aforesaid, I put the said Dudley Moore into the custody of Charles Hibbard, a bailiff, to be by him con- veyed to St. Johns gaol; but before he left I had a conversation with the said Moore, respecting the said raid; he stated to me in the course of our conversation that he was engaged in the raid, that he did not go into any of the St. Albans banks, but that he acted as a guard on the outside for those that did goin. At the same time that I received the said sum of money, I also received from the said Langley and Martin three loaded revolvers, which I afterwards returned to the said Martin; the prisoner was dressed in civilian’s clothes. When the prisoner stated to me that he had been on guard outside the bank in St. Albans, I did not hold out

tobe = —

sy 2 a

44

to him any inducement to make such statement, nor did I use any threats; the admission by him was entirely voluntarily.

The foregoing deposition having been read over in the presence of the prisoners so charged, the deponent declares the same to con- tain the truth, and hath signed.

R. A. ELLIS. Sworn before me at Montreal, |

this 8th November, 1864. |

(Signed) Cuas. J. Courson, J.8.P.

The foregoing deposition having been made and read in the pre- sence and heari ing of the prisoners, Samuel Eugene Lackey, Squire Turner ‘Teavis, Alamanda Pope Bruce, Charles Moore Swager, George Scott, Bennett H. Young, Caleb McDowall Wallace, James Alexander Doty, Joseph McGrorty, Samuel Simpson Gregg, Dudiey Moore, Thomas Bronsdon Collins, Marcus Spurr, and William H. Hutchinson, are asked if they have any questions +o put to the deponent, and the following evidence is given in cross- examination in presence of the prisoners, by their counsel, Mr. Abbott :

I arrested the said Moore on verbal information; no infor- mation upon oath was made before me; two young men, named Manson and Farmer, gave me information that there was a young man at Hall’s “hotel that they suspected of being one of ‘he raiders, because he had offered his horse for sale for twenty five dollars of the United States money. It was upon this infor- i mation given verbally that I went and arrested the prisoner. I did i not search him, but he was searched before I got over to the hotel. I got what was said to be found upon him from Mr. Langley. I | got nothing at all from himself. There wasa five dollars in gold in ul the wallet, and I saw a pocket knife, but did not take it in my pos- session. ‘The wallet I speak of is the one mentioned in my exami- nation-in-chief; I think Martin took the pocket-knife along with the a pistol. ‘The five dollars in gold are now in the wallet. The pri- ¥

i souers’ counsel, Mr. Abbott, having declared he had no further 4 i questions to put to the deponent, this examination is closed. 4 (Signed), R. A. ELLIS. ‘

i Montreal, 8th November, 1864. i (Signed) - Cuas. J. Coursou, J.S.P. :

ce

‘ ik i | ;

i ‘ a 3 ;

PROVINCE OF CANADA, 2

5

St. Albans, in the State of Vermont, one of the United States of America, merchant’s clerk, now in the city of Montreal, taken on oath this 8th day of November, in the year of our Lord one thou- sand eight hundred and sixty-four, at the Police Office in the Court- house, in the city of Montreal, in the District of Montreal aforesaid, before the undersigned Judge of the Sessions of the Peace in and for the said city of Montreal, in the presence and hearing of Samuel Eugene Lackey, Squire Turner Teavis, Alamanda Pope Bruce, Charles Moore Swager, George Scott, Bennett H. Young, Caleb McDowall Waliace, James Alexander Doty, Joseph McGrorty, Samuel Simpson Grege, Dudley Moore, Thomas Bronsdon Collins, Marcus Spurr, and William H. Hutchinson, who are now charged before me, upon complaints made under oath before me under the provisions of the Treaty petween Her Majesty the Queen, and the Uuited States of America, and our Statutes in that behalf made, with having committed within the jurisdiction of the United States of America, the following crime mentioned in the Treaty between Her Majesty the Queen, and the United States of America, to wit : —For that they, they said Samuel Eugene Lackey, Squire Turner Teavis, Alamanda Pope Bruce, Charles Moore Swager, George Scott, Bennett H. Young, Caleb McDowall Wallace, James Alex- ander Doty, Joseph McGrorty, Samuel Simpson Gregg, Dudley Moore, Thomas Bronsdon Collins, Marcus Spurr, and William H. Hutchinson, on the nmeteenth day of October last past, at the town of St. Albans, in the State of Vermont, one of the United States of America, being then and there armed with certain offensive weapons and instruments, to wit: pistols commonly known and calivd revolvers, loaded with powder and balls and capped, in and upon one Cyrus Newton Bishop, feloniously did make an assault and him the said Cyrus Newton Bishop in bodily fear and in danger of his life, then and there feloniously did put, and a certain sum of money, to wit: to the amount of seventy thousand dollars current money of the said United States of America, and of the value of seventy thousand dollars current money aforesaid, of the moneys and property of the bank of St. Albans, a body corporate, constituted and recognized by the laws of the said State of Vermont, and the said United States of America, from the person and custody, and possession, and against the will of the said Cyrus Newton Bishop, then and there feloniously and violently did steal, take, and carry away against the form of the Statutes of the said State of Vermont, in such case made and provided, and against the peace and dignity

’

—<

Retna a TS ea

oe

=

SE ERE Fenn Sin

46

of the said State. The deponent, George Kdwin Fairchild, upon his oath deposeth and saith: I was at St. Albans aforesaid, on the [9th day of October last past; I saw no one shot, and saw no acts of violence by the men in arms. Between the hours of three and four of the clock on that day, Twas standing at a distance of about ten or fifteen rods from the said St. Albans bank, when I saw about twenty men armed with revolvers. They were all on horseback, with the exception of two or three, who seemed as if they were looking for horses. One of the party so armed and on horseback approached me, and demanded from Edward Nettleton, who was then in conversation with me, his hat. He demanded it a second time, at the same moment drew two revolvers, when the said Nettleton replied that he could not have his hat. This person who demanded it said he wanted it for one of his party who had lost his hat. Nettleton was next told by the person demanding his hat, that unless he gave it to him damned quick he would shoot him, and then cocked both revolvers, and pointed them at said Nettleton. At this moment he was within six feet of him. Nettleton, seeing the revolvers cocked, put his hand under his coat as if with . the intention of drawing an arm therefrom. Upon seeing this, the gentleman on horseback asked first if he had any arms, and also to show him the inside of his coat, remarking at the same time that. if he did not he would shoot him through. My further exami- nation is continued till to-morrow morning at ten o’clock, and I have signed GEORGE E. FAIRCHILD.

Sworn, taken, and acknowledged, \

before ime, on the day, month, and year, and at the place aboved mentioned.

(Signed) Cuas. J. Coursou, J.S.P.

On the 9th day of November, in the year of our Lord one thou- sand eight hundred and sixty-four, the deponent above named re- appear before me, the undersigned Charles Joseph Coursol, Esquire, Judge of the Sessions of the Peace in and for the city of Montreal, and being resworn, deposeth and saith: I then told Nettleton not to stand an insult. At this the man on horseback pointed his revolvers at me, and asked me if I had any arms with me. I told him I had none; and I hoped he would not shoot an unprotected person. At this moment another of the party, the one who needed the hat, rode up and presented two revolvers at the said Nettleton, telling the other person on horseback not to parley, but to shoot the damned cuss. At this time there was a cry for help from one of their party, upon which the two persons referred to rode off in tho

upon 1 the acts three ce of ien ll on as if don eton, ed it n the son had iding shoot said leton, ‘with 8, the | also

47

direction where help was called for. I now recognize and point out as having been among the army party, [ saw at St. Albans aforesaid, on the said 19th day of October last, five of the prisoners now under examination, who give their names as Bennett H. Young, Charles Moore Swager, Joseph MeGrorty, Caleb McDowall Wallace, and George Scott. ‘These five persons I saw on horseback, armed ach with two revolvers. ‘The two first persons to whom I have referred, and who presented revolvers at said Nettleton and myself, were anc still are unknown to me. One of these two persons was called the Captain. After he had left Nettleton and myself, I next saw him at about two rods from the St. Albans bank, where nearly the whole party had assembled, numbering from fifteen to twenty. They were all on horseback, armed with revolvers. I then heard the person called Captain call upon them to form line, which they did, but not very regularly.

After having done so, the five prisoners whom I have pointed out and identified fired several shots at the citizens. At the time the line of which [ have spoken was being formed, I saw Captain Conger, a citizen of St. Albans, approaching this party of armed men, with a gun in his hand, followed by a few other citizens of the place. He apparently was trying to fire a gun at them, but could not get it off. It was then nearly four o’clock in the afternoon. After the armed party, amongst whom were the said five prisoners identified by me, had fired two or three rounds each, their horses became un- manageable and they headed off in different directions. At the mo- ment I saw one of the party, and the only one, on foot. The person called Captain, seeing this man without a horse, rode up to Fuller’s livery stable and ordered Mr. Fuller’s saddler to lead a horse that was then standing there to the said person belonging to his party who had not, as yet, got one. The saddler did as he was ordered and led the horse called for and gave him to the said person whom I have spoken of as having been on foot. The so-called Captain accom- panied the saddler from the livery stable, keeping the revolver pointed at him until the said horse was givenup. After this occurrence, there was a considerable coufusion in the street, created by the said armed party and the citizens. Shots were fired in different directions by this armed party. After this, I saw the said armed party riding off from the said town of St. Albans. They were the same party Tsaw at the said St. Albans bank. They acted in concert with each other from the beginning to the ena. ‘i'hey were all dressed in civilian’s clothes. I know that the St. Albans bank aforesaid is a banking institution, doing business at St. Albans aforesaid.

The conduct of the said armed party at the said St. Albans bank, and elsewhere in the said town of St. Albans, was such as to put the citizens in fear of their lives. I know that they put me in fear

Ss

a

Se

ae

Soe

+h ~ ama eS Fg RL

Ae tar de ee rpc ain appa le F ergo A tt ER te tee mn AO Fa te

% =

Pin

Satan oe er ee ee nt monn eens ieee

dete

rape diithas eet oe

48

of losing my life. All the circumstances hereinbefore detailed by me took place at St. Albans aforesaid, between the hours of three and four of the clock on the said 19th day of October last past aforesaid. When I said that I saw no act of violence committed, I meant that I saw none actually shot or wounded.

The foregoing deposition having been read over in the presence of the prisoners so charged, the deponent declares the same to contain the truth, and hath signed

GEORGE E. FAIRCHILD.

Sworn, taken, and acknowledged, before me, on the day, month, and year, and at the place here- ( in before mentioned.

(Signed) Cuas. J. Courson, J.8.P.

The foregoing deposition having been made and read in thie pre- sence of the prisoners, they are asked if they have questions to put to the deponent, and they declare by their counsel, Mr. Kerr, that they have, and the following evidence is taken in cross-examination.

I did not see townspeople fire upon the party. Captain Conger was the only man I saw.

The prisoners counsel declare having no further questions to put to the deponent, and this deposition having been read in the pre- sence of the said prisoners, the deponent declares it contains the

truth, and hath signed GEORGE E. FAIRCHILD.

Sworn, taken, and acknowledged, on the day, month, year, and at the place above mentioned. (Signed) Cuas. J. Courson, J.8.P.

PROVINCE OF CANADA, } POLICE COURT.

District of Montreal.

The examination of Kdmund Conant Knight, of the township of Stanbridge, in the District of Bedford, bailiff, now in the city of Montreal, taken on oath this ninth day of November, in the year of our Lord one thousand eight hundred and sixty-four, at the Police Office in the Court-house in the city of Montreal, in the District of Montreal aforesaid, before the undersigned Judge of the Sessions of the Peace in and for the said city of Montreal, in the presence and hearing of Samuel Eugene Lackey, Squire Turner Teavis, Alaman- der Pope Bruce, Charles Moore Swager, George Scott, Bennett H. Young, Caleb McDowall Wallace, James Alexander Doty,

led by

three t past nitted,

gence ume to

LD.

ie pre- to put r, that nation. Conger

to put ie pre- ns the

LD.

NAN re Pile ge ag 5, SNR SG Tc, jee tape ee ee

hip of ity of ar of

49

Joseph McGrorty, Samuel Simpson Gregg, Dudley Moore, Thomas Bronsdon Collins, Marcus Spurr, and William H. Hutchinson, who are now charged before me, upon complaints made under oath before me under the provisions of the Treaty between Her Majesty the Queen, and the United States of America, and our Statutes in that behalf made, with having committed within the jurisdiction of the United States of America, the following crime mentioned in the T'reaty between Her Majesty the Queen, and the United States of America, to wit:—For that they, the said Samucl Eugene Lackey, Squire Turner Teavis, Alamanda Pope Bruce, Charles Moore Swager, George Scott, Bennett H. Young, Caleb McDowall Wallace, James Alexander Doty, Joseph MeGrorty, Samuel Simp- son Gregg, Dudley Moore, Thomas Bronsdon Collins, Marcus Spurr, and William H. Hutchinson, on the nineteenth day of October last past, at the town of St. Albans, in the State of Vermont, one of United States of America, being then and there armed with certain offensive weapons and instruments, to wit: pistols commonly known and called revolvers, loaded with powder and balls and capped, in and upon one Cyrus Newton Bishop feloniously did make an assault, and him the said Cyrus Newton Bishop in bodily fear and in danger of his life, then and there feloniously did put, and a certain sum of money, to wit: to the amount of seventy thousand dollars current money of the said United States of America, and of the value of seventy thousand dollars current money aforesaid, of the moneys and property of the bank of St. Albans, a body corporate, constituted and recognized by the laws of the said State of Vermont, and the said United States of America, from the person and custody, and possession, and against the will of the said Cyrus Newton Bishop, then and there feloniously and violently did steal, take, and carry away against the form of the Statutes of the said State of Vermont, in such case made and provided, and against the peace and dignity of the said State. The deponent Kdward Conant Knight, upon his oath deposeth and saith: At about three o’clock in the morning of the twentieth day of October last past, I arrested two of the prisoners, Spurr and Bruce, at Elder’s hotel in Stanbridge. They were in bed. I went to the door of’ the room where they were, and I found it bolted. Martin Rice, of Stanbridge, was with me, also one Cross, C. W. Martindale, and Irwin Briggs. There were others present, but those were all that I called to assist me. Mr. Whitman and Mr. Blynn, magistrates, were also present. I and my party entered the room, and the magistrates came afterwards. I immedi- ately jumped into the bed where the prisoners were, and told them they were prisoners. ‘They asked me why they were arrested. I told them it was for robbing the St. Albans banks. They asked me if I wasa British officer, and I said I was a bailiff. I handcuffed D

PF soap SEP oe Fo iiny = gay, £5 ayo Emi evar teat eT

Sea ee « = Spd

ES = SSE ST SS

See pee re

ee :

50

them. I searched to see if I could find any arms, and I found four revolvers between the feather-bed and straw-bed, and in the same place a large quantity of bank-bills. I took the revolvers, and handed them to Mr. Whitman, the magistrate, and also some of the bank- bills ; the balance of the money I think was given by Martindale toMr. Whitman. Mr. Whitman took away the money and the revol- vers. [put the prisoners in charge of C. H. Barker and Irwin Briggs. I didnot identify the money that I took. After conversation with Mr. Whitman, I went back and searched the prisoners further, and found in their possession four hundred and twenty-seven dollars and thirty- five cents in bank notes, scrips, gold and silver. ‘This money I gave to Guillaume Lamothe, Esq., chief of police, on the twenty- fifth of October last. On the twentieth of October last, the prisoner now calling himself Bruce, I understood to call himself at that time Bennett, and the other one called himself Bruce. The pris- oners on the same day stated in my presence that the money which had been found in their possession they had got from the bank in St. Albans. I saw at Stanbridge, on the same day, the prisoners Collins and Lackey, and on the next day the prisoners McGrorty and Doty. ‘These last two were arrested in a barn in Dunham: in the possession of McGrorty and Doty, bank-bills of dif- ferent kinds, some gold and silver, and some bonds, were found. The prisoners, Spurr and Bruce, stated on the twentieth ©° October

last that they had come from Burlington, Vermont, th: ‘ous morning, ina buggy to St. Albans. At the time the p .:sI

have referred to, made the several statements that I have mentioned, no threats were made use of, nor inducements held out to procure such statements, which were voluntary on their part.

The foregoing deposition having been read in the presence of the prisoners so charged, the deponent declares the same to contain the

truth, and hath signed E. C. KNIGHT.

Sworn, taken, and acknowledged, ) before me, on the day, month, | and year, and at the place here- { in before mentioned. (Signed) Cuas. J. Courson, J.8.P.

And on this day, the 10th of November, in the year of our Lord one thousand eight hundred and sixty-four the deponent above named, reappeared before the undersigned Charles Joseph Coursol, Esquire, Judge of the Sessions of the Peace, in and for the city of Montreal, being re-sworn in the presence of the prisoners so charged, the foregoing deposition is then and there read to the said deponent, who declares upon oath that the same contains the truth; and

ol

our thereupon the said prisoners are asked whether they have any x me 3 questions to put to the said depcenent, and they having answered that a ded ‘they had, the following evidence is taken in cross-examination by ty nk- Mr. Abbott, the prisoners’ counsel: I arrested the said prisoners i lale without any warrant at all. I had no authority for arresting them, tk vol- but the people of the village told me that a robbery had been com- 338. mitted at the St. Albans banks, and that they were afraid that they Mr. were going to rob the Stanbridge bank. Iam not aware of any und information on oath having been laid against these men. When [ rty- told them I was a British officer, they said it was all right. They

yl did not say anything else at that time ; but four or five hours after-

nty- wards they told me they were Confederate soldiers. I did not aner count the money I took from them in the first instance. I did not that examine it sufficiently to ascertain the amount, but I shoula suppose pee there were several thousand dollars. When they told me they had aH. got the money from the St. Albans banks, they also told me that they the had got it on a raid, which they had made upon St. Albans, upon the , the authority of the Confederate government, and that it would be ners shown as such. It was about this time also that they told me that a they were Confederate soldiers. They were asked if they were "dif Jeff. Davis’ boys, and they said they were. These matters, and the und. statements where they had got the money, all came out in the same ober conversation.

“OUS The prisoners’ counsel declares that they have no further question “3 I to put to the deponent, and this deposition having been read in the ped, presence of the said prisoners, the deponent declares it contains the pure truth, and hath signed

EK. C. KNIGHT. Sworn, taken, and acknowledged, ) 1e

before me, on the day, month, { and year, and at the place be- fore mentioned. (Signed) Cas. J. Courson, J.S.P.

PROVINCE OF CANADA, ; POLICE COURT.

District of Montreal,

The examination of George Roberts, of the town of St. Albans, in the State of Vermont, one of the United States of America, clerk, now in the city of Montreal, taken on oath this ninth day of November, in the year of our Lord one thousand eight hundred and sixty-four, at the Police Office in the Court-house in the city of Montreal, in the District of Montreal aforesaid, before the under- signed Judge of the Sessions of the Peace in and for the said city of Montreal, in the presence and hearing of Samuel Eugene Lackey,

Se ELON TTI AD al —

eae a

Ss

ern es

I: ASSES mn

— ————

a

52

Squire Turner Teavis, Alamanda Pope Bruce, Charles Moore Swager, George Scott, Bennett H. Young, Caleb McDowall Wallace, James Alexander Doty, Joseph McGrorty, Samuel Simpson Gregg, Dudley Moore, Thomas Bronsdon Collins, Marcus Spurr, and William H. Hutchinson, who are now charged before me, upon complaints made under oath before me under the provisions of the Treaty between Her Majesty the Queen, and the United States of America, and our Statutes in that behalf made, with having com- mitted within the jurisdiction of the United States of America, the following crime mentioned in the Treaty hetween Her Majesty the Queen, and the United States of America, to wit :—For that they, the said Samuel Eugene Lackey, Squire Turner Teavis, Alamanda Pope Bruce, Charles Moore Swager, George Scott, Bennett H. Young, Caleb McDowall Wallace, James Alexander Doty, Joseph McGrorty, Samuel Simpson Gregg, Dudley Moore, Thomas Brons- don Collins, Marcus Spurr, and William H. Hutchinson, on the ninetecath day of October last past, at the town of St. Albans, in the State of Vermont, one of the United States of America, being then and there armed with certain offensive weapons and instru- ments, to wit: pistols commonly known and called revolvers, loaded with powder and balls and capped, in and upon one Cyrus Newton Bishop, feloniously did make an assault and him the said Cyrus Newton Bishop in bodily fear and in danger of his life, then and there feloniously did put, and a certain sum of money, to wit: to the amount of seventy thousand dollars current money of the said United States of America, and of the value of seventy thousand dollars current money aforesaid, of the moneys and property of the bank of St. Albans, a body corporate, constituted and recog- nized by the laws of the said State of Vermont, and the said United States of America, from the person and custody, and pos- session, and against the will of the said Cyrus Newton Bishop, then and there feloniously and vlolently did steal, take, and carry away against the form of the Statutes of the said State of Vermont, in such case made and provided, and against the peace and dignity of the said State. The deponent, George Roberts, on his oath deposeth and saith: I have been clerk in the American House in St. Albans aforesaid, since March last. I recognize two of the prisoners, namely, Young and Doty, having seen them in St. Albans prior to the nineteenth day of October last past. I saw Young there, I think twice before that day; but I am not sure if it was more than once. I saw him certainly once in the American House during the month prior to the nineteenth of October last. About two o’clock in the afternoon of the last mentioned day, I saw in front of the National bank, a man named Blaisdale, of St. Albans, having a disturbance with the prisoner, whom I now recognize,

,

a oo a See he ee

| on ll cos pall @> TE oe em TE ae, i ee ge ee

oore lace, ese, and upon f the 3 of com- , the y the they, anda t H. seph rons- . the 1S, in eng stru- aded wton yyrus and : to said sand y of coe- said pos- then pWay such

the seth ans hers, Hans bung was buse bout y in ans, lize,

53

ealling himself Caleb McDowall Wallace. They were struggling together in front of the said bank. Blaisdale had hold of Wallace, when I first saw them. Wallace was then armed with two revolvers. While this was going on, I saw two other persons near by armed the same way, one of whom I heard saying to Wallace “ shoot him.” Wallace, and the other armed person, took Blaisdale to the park in front of the American House. When I saw what I have related, I was standing on the veranda of the American House. ‘The pris- oner, Young, came from the direction of the First National bank in front of the American House, on the veranda of which myself and eight or nine others were standing. Young presented two revolvers at the persons on the veranda, and said ‘“ that he was an officer in the Confederate service ; that he was sent there to take that town, and that he was going to do it, and that the first man that offered resistance he would shoot him.” Then the prisoner, Bruce, whom I saw for the first time, near by, appeared armed with two revolvers. Bruce ordered the party on the veranda to go over to the park, which they did; he, Bruce, following them. I went with the others to the park. When I left the American House, or very soon after, Young started towards the northern part of the town. Bruce stayed at the park, and acted as guard, I should think, for about ten minutes, and then called upon Young, addressing him as Colonel, for assistance. The prisoner, Doty, then came on horseback from the yard of the American House. About the same time I saw some twelve other persons, some of them with horses, coming from the yard of the American House, among whom I recognize the prisoner, Charles Moore Swager. ‘These persons were armed with revolvers, most of them, I think, having two each. They began to stop what teams there were in the. street, taking the horses belonging to the teams. Whilst I was in the park, I saw four or five persons armed with revolvers, standing on the steps of the Franklin County bank, which is near the American House, but 1 do not recognize any of those persons now. Some ten minutes after, we crossed to the park, or perhaps less. I saw the prisoner, Young, at the north end of the veranda of the American House shoot one Collins H. Huntingdon with a revolver, wounding him. Huntingdon then went into the park. <A short time after this, all the persons I have referred to, armed as aforesaid, started off together, most of them on horseback, towards the north end of the town. ‘They all seemed to know each other, and acting in concert. Ido not recognize any of the prisoners, except those I have named. I heard several shots fired at the upper end of the town. Upon every occasion when I saw Young, Swager, Wallace, Bruce, and Doty, at St. Albans, as I have mentioned, they were

fee ee acs

a ease

=—=

<=

ite aa

o4

dressed in ordinary civilian’s clothes. I saw nothing either in de- meanor or dress to indicate that they had or claimed any military character whatever. On the afternoon of the nineteenth of October last past, the occurrences I have spoken of did not look like a military expedition. I thought the armed persons were a mob. On the nineteenth of October last, the prisoner, Swager, was known by the name of Jones, prior to the outbreak mentioned.

The foregoing deposition having been read over in the presence of the prisoners so charged, the deponent declares that the same contains the truth, and hath signed.

GEORGE W. ROBERTS. Sworn, taken, and acknowledged, )

before me, on the day, year,

and month, and at the place

hereinbefore mentioned.

(Signed) Cuas. J. Coursou, J.S.P.

The foregoing deposition having been made, and read in the pre- sence of the said prisoners, they are asked if they have any ques- tions to put to the deponent, and that having declared by Mr. Kerr, their counsel, that they had, the following evidence is taken on cross-examination: When I saw Blaisdale and Wallace, they were both standing up. Blaisdale had hold of him somewhere about the neck. I was about twenty yards from Young when he shot Huntingdon. They apparently were talking together previous to the shot being fired. Huntingdon was moving on at the time he was shot. I should judge from Young’s action that he wanted Huntingdon to go across in the park where we were. I saw ten or twelve men near the American House belonging to the band, and there were some others further up the street. Young appeared to be the leader, and have charge of them at that part of the town. ‘They appeared to act together, but I saw no plan of action. I never sawa mob in St. Albans armed the way they were, with one of their members proclaiming himself an officer in the Confederate service. I have never seen any of the Con- federate troops. I have never seen Confederate troops in active service. When Young came to the veranda of the American House he said, ‘* Gentleman, I am an officer in the Confederate “ service, I have been sent here to take this town, and I am going “ to do it; the first that offers resistance I will shoot him.” St. Albans has been a recruiting post for the American army before now.

The prisoners’ counsel declares having no further questions to- put to the deponent, and this deposition having been read in the

ne

U3 Or O

vO

presence of the said prisoners, the deponent declare it contains the truth, and hath signed GEO. W. ROBERTS.

Sworn, taken, and acknomledged,

before me, on the day, year,

and month, and at the place

hereinbefore mentioned.

(Signed) Cras. J. Courso, J.S.P.

PROVINCE OF CANADA, District of Montreal.

of the Peace in and for the said city of Montreal, in the presence and hearing of Samuel Eugene Lackey, Squire Turner Teavis, Alamanda Pope Bruce, Charles Moore Swager, George Scott, Ben- nett H. Young, Caleb McDowall Wallace, James Alexander Doty, Joseph McGrorty, Samuel Simpson Gregg, Dudley Moore, Thomas Bronsdon Collins, Mareus Spurr, and William H. Hutchinson, who are now charged before me, upon complaints made under oath before me under the provisions of the Treaty between Her Majesty the Queen and the United States of America, and our Statutes in that behalf made, with having committed, within the jurisdiction of the United States of America, the following crime mentioned in the Treaty between Her Majesty the Queen and the United States of America, to wit :—For that they, the said Samuel Eugene Lackey, Squire Turner Teavis, Alamanda Pope Bruce, Charles Moore Swager, George Scott, Bennett H. Young, Caleb McDowall Wallace, James Alexander Doty, Joseph MeGrorty, Samuel Simp- son Gregg, Dudley Moore, Thomas Bronsdon Collins, Marcus Spurr, and Wilham H. Hutchinson, on the nineteenth day of October last past, at the town of St. Albans, in the State of Ver- mont, one of the United States of America, being then and there armed with certain offensive weapons and instruments, to wit: pistols commonly known and called revolvers, loaded with powder and balls and capped, in and upon one Cyrus Newton Bishop feloniously did make an assault, and him the said Cyrus Newton Bishop in bodily fear and in danger of his life then and there feloniously did put, and a certain sum of money, to wit: to the amount of seventy thousand dollars current money of the United

56

States of America, and of the value of seventy thousand dollars current money aforesaid, of the moneys and property of the bank of St. Albans, a body corporate, constituted and recognized by the laws of the said State of Vermont, and the said United States of America, from the person and custody and possession, and against the will, of the said Cyrus Newton Bishop, then and there feloniously and violently did steal, take, and carry away, against the form of the Statutes of the said State of Vermont, in such case made and provided, and against the peace and dignity of the said State. The deponent, John McLoughlin, on his oath deposeth and saith: On the 20th of October last, I received orders to proceed to St. Johns and from thence to Farnham, in pursuit of such persons as might be found thereabouts, or elsewhere, who had sought refuge in Canada, after having been engaged in the St. Albans raid. In accord- ance with my instructions I proceeded there, accompanied by Mr. Sowles, cashier of the First National bank, at St. Albans, and Detective John O’Leary. Upon the afternoon of the said 20th day of October last, a prisoner, whom I now recognize and identify as George Scott, and now under examination, was arrested by said John O’Leary at the railroad station in Farnham, in the District of Iberville. I was present at his arrest and at his search, which took place immediately after his said arrest. Upon his person were found two thousand eight hundred and fifty-nine dollars and thirty- one cents, which was taken charge of by said O’Leary; and which during his examination as a witness in this matter, at which I was present, he produced and identified as the same money which he took from Scott. After he had been arrested, and the money taken from him, he stated he was a Confederate soldier, and claimed protection as such. He was dressed in civilian’s clothes, and looked very much fatigued. He had no fire-arm with him. On the following morning, the 21st October last aforesaid, at the hour of seven of the clock, I arrested in the same place where said Scott was taken another person, who gave me his name as Samuel Gregg, whom I now point out and identify among the prisoners here under examination under the name of Samuel Simpson Gregg. After having arrested him he told me he was going to Montreal, and from there to Quebec, where he had some friends. He also said that he'came from Kentucky. I then searched his person, and found upon him thirty-one dollars and eighty-one cents ; con-— sisting of one twenty dollar gold piece, one five dollar gold piece and three one dollar bills upon banks in Canada, and one dollar bill of the Windsor County bank, one dollar and thirty cents in silver, and one dollar and forty-five cents in the postal currency of the United States, and six cents in coppers. He had no other money about him. ‘These sums of money I now produce. They have

llars yank the 3 of t the usly m of 1ade tate. ith :

St. 13 as re In ord- Mr. and day y as said trict hich vere rty- uich was

he ney and hes, him. the said uel 1ers gs: eal, hlso bon, on- ece bill er, the ey ave

ST

remained in my possession ever since. I also found upon his per- son nine photographs. At the time I made the search, Albert Sowles, who has also been examined as a witness touching the sub- ject matter of this investigation, was present, and, upon seeing the photograph upon the back of which is pencilled the name Caieb McDowall Wallace, and one of these taken by me from the said Gregg, he immediately said, ‘‘ That is the likeness of the man who presented a revolver at me, in the bank, whilst the others were robbing it.’ I now see under examination the said Wallace, and 1 believe the photograph, upon which his name is pencilled, is a correct likeness. He did not make any particular remarks about any of the other photographs, but I recognize in another of them, upon the back of which is pencilled the name of James Johnson, the likeness of the prisoner Thomas Bronsdon Collins, now also under examination. At the time I took possession of thcse phote- graphs, I asked the said Gregg whose likenesses they were, and I put upon the back of each the name which he gave me. He, the said Gregg, was dressed in civilian’s clothes, and was suffering from a sprain of the ankle. I had no further conversation with the prisoner; I know no more of him or about him. The foregoing deposition having been read in the presence of the prisoners so charged, the deponent declares the same to contain the truth, and hath signed JOHN McLOUGHLIN. Sworn, taken, and acknowledged

before me, on the day, month,

and year, and at the place, here- (

inbefore mentioned.

(Signed) Cuas. J. Courson, J.S.P.

The foregoing deposition having been made and read in the presence and hearing of the prisoners so charged, they are asked if they have any questions to put to the witness or deponent, and they having declared they had, by their counsel, Mr. Kerr, the following evidence is taken on cross-examiuation :

There were also seven other photographs taken at the same time from Gregg, among which was the likeness of a lady. I arrested Gregs under my own responsibility. I had no warrant.

The prisoners’ counsel declared having no further questions to put to the deponent; and this deposition having been read in the presence of the said prisoners, the deponent declares it contains the truth, and hath signed JOHN McLOUGHLIN. Sworn, taken, and acknowledged

before me, on the day, month,

and year, and at the time, here-

inbefore mentioned.

(Signed) Cuas. J. Courson, J.8.P.

{> eas

ci ERE LES

are

PROVINCE OF CANADA, 2 District of [ontreal. §

POLICE COURT. Examination of James Russell Armington, of the town of St. Albans, in the State of Vermont, one of the United States of America, merchant, now in the city of Montreal, taken on oath this eleventh day of November, in the year of our Lord one chou- sand eight hundred and sixty-four, in the Police Office in the Court-house, i in the city of Montre al, in the District of Montreal aforesaid, before the undersigned Judge of the Sessions of the Peace in and for the said city of Montreal, in the presence and hearing of Samuel Eugene Lackey, Squire Turner Teavis, Alamanda Pope sruce, C harles Moore Sw: ager, George Scott. Ben- nett IL. Young, Caleb McDowall Wallace, James Alexander Doty, Joseph MeGrort) , Samuel Simpson Gregg, Dudley Moore, Thomas Bronson Collins, Marcus Spurr, and William” IL. Iutchinson, who are now charged before me, upon complaints made under oath before me under the provisions of the Treaty between Her Majesty the Queen and the United States of America, and our Statutes in that behalf made, with having committed, within the jurisdiction of the United States of America, the following crime mentioned in the Treaty between Her Majesty the Queen and the United States of America, to wit:—For that they, the said Samuel Eugene Lackey, Squire Turner Teavis, Alamanda Pope Bruce, Charles Moore Swager, George Scott, Bennett H. Young, Caleb McDowall Wallace, James Alexander Doty, Joseph McGrorty, § Samuel Simp- son Greve, Dudley Moore, Thomas Bronsdon Collins, Mareus Spurr, and Wilham H. Hutchinson, on the nineteenth day of October last past, at the town of St. Albans, in the State of Ver- mont, one of the United States of America, being then and there armed with certain offensive weapons and instruments, to wit: pistols commonly known and called revolvers, loaded with powder and balls and capped, in and upon one Cyrus Newton Bishop feloniously did make an assault, and him the said Cyrus Newton Bishop in bodily fear and in danger of his life then and there feloniously did put, and a certain sum of money, to wit: to the amount of seventy thousand dollars current money of the United States of America, and of the value of seventy thousand dollars current money aforesaid, of the moneys and property of the bank of St. Albans, a ay corporate, constituted and recognized by the laws of the said State of Vermont, and the said United States of America, from the person and custody and possession, and against the will, of the said Cyrus Newton Bishop, then and there feloniously and violently did steal, take, and carry away, against the form of

fo) the Statutes of the said State of Vermont, in such case made and

2 e

59 provided, and against the peace and dignity of the said State. The deponent, James dtussell Armington, on his oath deposeth and saith: On the afternoon of the 19th day of Ocicber last, I was at St. Albans aforesaid. Between the hours of three and four of the clock in the afternoon of that day, I saw armed men in St. Albans. I recognize the prisoners, Young, Doty, and Gregg, having seen them in St. Albans on that day. I saw them first on the street. ‘They were on horseback, and were armed with pistols. ‘They were in civilians’ dress. I should pidge they belonged to one party. They rode off together towards’ toe north. They did not go of very rapidly. I should judge that they were iBoat twenty of these armed men in all. ‘They appe: red to be strangers, and appeared to be acting in concert. I bou;zht some gold of a stranger in the

bank whom I afterwards learne from M. W. Bairdsley, c ashier of

the bank, was one of the party. I heard shots fired by the party that rode off together, as I have mentioned. The foregoing depo- sition having been read over in the presence of the prisoners so charged, the deponent declares that the same contains the truth, and hath signed J. RUSSELL ARMINGTON,

Sworn, taken, and acknowledged >

before me, on the day, month, |

and year, and at the place, here-

inbefore mentoned.

(Signed) Cuas. J. Courson, J.S.P.

The foregoing depositian having been made and read in the oD oD ] oD

presence and hearing of the said prisoners, they are asked if they have any questsons to put to the deponent; and they having declared, by Mr. Kerr, their counsel, that they had, the following evidence is taken in cross-examination :

I saw shots fired by the party, and I saw shots fired at the party by people of St. Albans. This firmg took place a little above the St. Albans bank. I should judge that Gregg had little more whiskers on; that is the only difference I see in his face.

The prisoners’ counsel declares having no further questions to put to the deponent ; and this deposition having been read in the presence of the said prisoners, the deponent declares it contains the truth, and hath signed

J. RUSSELL ARMINGTON.

Sworn, taken, and acknowledged ) before me, on the day, month, and year, and at the place, here- inbefore mentioned.’ (Signed) Cuas. J. Coursor, J.8.P.

sd

PROVINCE OF ea PULICE COURT.

District of Montreal.

. The examination of Marcus Wells Beardsley, of the town of St. Albans, in the State of Vermont, one of the United States of America, now in the city of Montreal, taken on oath this eleventh day of November, in the year of our Lord one thousand eight hundred and sixty-four, at the Police Office in the Court-house, in the city of Ms mtreal, in the District of Montreal aforesaid, before the undersigned Judge of the Sessions of the Peace in and for the said city of Montreal, in the presence and hearing of Samuel Eugene Lackey, Squire Turner Teavis, Alamanda Pope Bruce, Charles Moore Swager, George Scott, Bennett II.. Young, Caleb McDowall Wallace, James Alexander Doty, Joseph McGrorty, § Samuel Simpson Gregg , Dudley Moore, Thomas Bronsdon Collins, Marcus Spurr, and William’ I. Hutchinson, who are now charged before me, upon complaints made under oath before me under the provisions of the Treaty between Her Majesty the Queen and the United States of America, and our Statutes in that behalf made, with having committed, within the jurisdiction of the United States of America, the following crime mentioned in the Treaty between Her Majesty the Queen and the United States of America, to wit:—For that they, the said Samuel Eugene Lackey, Squire Turner Teavis, Alamanda Pope Bruce, Charles Moore Swager, George Scott, Bennett H. Young, Caleb McDowall Wallace, James Miexaniler Doty, Joseph MeGrorty, Samuel Simp- son Gregg, Dudley Moore, ‘Thomas Bronsdon Collins, Marcus Spurr, and William IL. Hutchinson, on the nineteenth day of October last past, at the town of St. Albans, in the State of Ver- mont, one of the United States of America, being then and there armed with certain offensive weapons and instruments, to wit: pistols commonly known and called revolvers, loaded with powder and balls and capped, in and upon one Cyrus Newton Bishop feloniously did make an assault, and him the said Cyrus Newton Bishop in bodily fear and in danger of his life then and there feloniously did put, and a certain sum of money, to wit: to the amount of seventy thousand dollars current money of the United States of America, and of the value of seventy thousand dollars current money aforesaid, of the moneys and property of the bank of St. Albans, a body corporate, constituted and recognized by the laws of the said State of Vermont, and the said United States of America, from the person and custody and possession, and against the will, of the said Cyrus Newton Bishop, then and there feloniously and violently did steal, take, and carry away, against the form of the Statutes of the said State of Vermont, in such case made and

RT.

wn of tes of venth eight 10use, esaid, Peace aring 1anda nnett Doty, jomas nson, oath yjesty ‘es in on of n the es of ‘key, Loore wall imp- rcus ly of er- here wit : vder shop vton 1ere the ited lars ank the s of the sly of and

i * ‘| :

61

provided, and against the peace and dignity of the said State. The deponent, “Marcus Wells Beardsley, on his oath saith ; On the nineteenth day of October last past, I resided at St. Albans, and was and still am the cashier of the Franklin C ounty bank. On that day, in the afternoon, there was an outbreak in u@ Village, and a number of armed men appeared there; those that I saw were strangers. When I first saw some of these men I was in the said bank. The men I saw belonging to this armed gang, were armed with large revolvers. I recognize the prisoner, Hutchinson, as one of the armed gang that entered the said Frank- lin County bank. He wore whiskers then, which he has not now, and he had no spectacles on then as he has now. All I can state as to what took place outside of the Franklin County bank, I know by report only. Hutchinson, when he first came into the bank, enquired from me what we were paying for gold. I answered that we were rot dealing in such article, and referred him to a Mr. Armingtor, a merchant of the village. There were four or five of the said armed cang that entered the Franklin County bank, but I onlv recognize Hutchinson, who seemed to he their leader . These men were all arm: with revolvers. They remained in the ban’. «© should think, t.i. or fifteen minutes. <All these men presented revolvers, and threatened ny life, but no revolver was discharged, ‘Ther. |. on were all ©..ssed in ordinary civilians’ clothes. I saw none of t:cse men afterwards in St. Albaus. I next saw Hutchinson in the Montreal gaol. I r->. rked to Hutch- inson and to Mr. Saxe, both being “present at the gaol, that I thought I had received very brutal ‘treatment at the bank at St. Albans, at the hands of the leader of the gang. Hutchinson then

remarked that the peopic of the North were treating the people of

the South in the same manner. The foregoing deposition having been read over in the presence of the prisoners so charged, the deponent declares it contains the truth, and hath signed M. W. BEARDSLEY. Sworn, taken, and acknowledged ) before m,n the day, month, | and year, und at the place, here-

inbetore mentioned. Cuas. J. Covnson. Jce.P<

The foregoing deposition having been made in the presence and hearing of “the prisoners so charged, they are asked if they have any questions to put to the depone nt; ; and they having declared, by. their counsel, that they had, the following evidence is taken on cross-examination :

The person I have identified on that day wore whiskers as I

4 i 4}

PTW ere a ca a pe

=~

52

(

have already said, and a small wool or fur hat with a narrow brim. IIe had a dark colored coat on, but I cannot say whether it was black or blue. It was rather ample in size. He had full whiskers extending round upon his chin, and a little upon his chin, I think. I am not sure if he had a moustache or not. I cannot say if the upper part of his chin was shaved or not. My motive in speaking to him at the gaol as I did, was that I felt sure that he was the man that had committed the act, and I felt disposed to tell him so. It was probably not necessary to tell him that it was a brutal act ; but I felt disposed to say what I did, and I said it. I said it to him in the ward of the gaol where he was confined. I was admitted there by a man I supposed to be the gaoler. I think he was standing very near when I said this to the pn oner; that is my impression. My friend, Mr. Saxe, was beside me too. I was not at all con- cerned for my personal safety for what I said there.

On question by the Judye. “Thad never seen Hutchinson before to my knowledge. The prisoners’ counsel declares having no further questions to put to the deponent, and this deposition having been read in the presence of the said prisoners, the deponent declares it contains the truth, and hath signed

M. W. BEARDSLEY.

before me, on the day, month, and year, and at the place, here- inbefore mentioned.

(Signed) Cnas. J. Courson, J.3.P.

Sworn, taken, and tay, month, (

PROVINCE OF CANADA, POLICE COURT.

District of Montreal.

The examination of Charles Alexander Marvin, of the town of St. Albans, in the State of Vermont, one of the United States of America, merchant’s clerk, now in the city of Montreal, taken on oath this eleventh day of November, in the year of our Lord one thousand eight hundred and sixty-four, at the Police Office in the Court-house, in tlie city of Montreal, in the District of Montreal aforesaid, before the undersigned Judge of the Sessions of the Peace im and for the said “city of Montreal, in the presence and hearing of Samuel Eugene Lackey, Squire Turner Teavis, Alamanda Pope 3ruce, Charles Moore Swager, George Scott, Ben- nett I. Young, Caleb McDowall Wallace, James Alexander Doty, Joseph McGrorty, Samuel Simpson Gregg, Dudley Moore, Thomas

Bronsdon Collins, Marcus Spurr, and William H. Hutchinson, who are now charged before me, upon complaints made under oath before me under the provisions of the Treaty between Her

63

Majesty the Queen, and the United States of America, and

brim. t was our Statutes in that behalf made, with having committed within skers the jurisdiction of the United States of America, the following hink. crime mentioned in the Treaty between Her Majesty the Queen, f the and the United States of “America, to wit:—For that they, , ng to the said Samuel Eugene Lackey, Squire Turner Teavis, Ala- ie . that manda Pope Bruce, Charles Moore Swager, George Scott, Bennett ty t was Hl. Young, Caleb McDowall Wallace, James ‘Alexander Doty, but I Joseph MeGrorty, § Samuel Simpson Gregg, Dudley Moore, Tho- mie 'm in : mas Bronsdon Collins: Marcus Spurr, and William II. Huatchingon; ye there on the nineteenth day of October last past, at the town of rr ding : St. Albans, in the State of Vermont, one of the United States gion. - of America, being then end there armed with certain offen- , con- : sive weapons and instruments, to wit: pistols commonly known and hs called revolvers, loaded with powder and balls and capped, in and i

ofore upon one Cyrus Newton Bishop, feloniously did make an assault and y no him the said Cyrus Newton Bishop in bodily fear and in danger ving i of his life, then and there feloniously did put, and a certain sum of nent money, to wit: to the amount of seventy thousand dollars current

: money of the said United States of America, and of the value of Y. “ seventy thousand dollars current money aforesaid, of the moneys

and property of the bank of St. Albans, a body corporate, consti- tuted and recognized by the laws of the said State of Vermont, and the said United States of America, from the person and custody, and possession, and against the will of the said Cyrus Newton Bishop, then and there feloniously and violently did steal, take, and carry away against the form of the Statutes of the said State of Vermont, in such case made and provided,

and against the peace and dignity of the said State. The depo- ey nent, Charles Alexander Marvin, upon his oath deposecth and ae | of sath: I was in St. Albans aforesaid, on the nineteenth day of

s of October last in the afternoon. I was standing on the step of on g iny brother’s store on Main street, at about a quarter past three one | o'clock in the afternoon of that day. The first person I saw was the 4 the prisoner, Doty, on a black horse. I did not see that he had eal ; any arms. I saw about ten armed men there that afternoon. 1 They were on horseback. They were all armed ae with revol- vers. I saw among this armed party the prisoners, Young, Doty, and Teavis. The prisoner, Teavis, was armed and on horseback also. ‘The armed party all rode off together on horseback about twenty minutes atter I first saw them ; they seemed to be in great haste, and appeared all to act in concert together, and

: as one party. I heard a number of shots fired by this party. I

] Bedford, on the Friday following the nineteenth of October last. I

saw the prisoner, Dudley Moore, at Waterloo, in the District of “are |

freee

a

a

me

i it re ———-- nm ~~ +

Se ee

64

merely asked him one direct question, ‘‘ When you were at Shel- ‘“¢ don Creek on the opposite side of the street, where was our pur- ‘¢ suing party ?”’ and he answered, “‘ Coming into sight on the opposite “¢ side of the Creek.” Sheldon’s Creek is about ten miles north of St. Albans. WhenI said ‘ Where was our pursuing party?” I re- ferred to a party of St. Albans people pursuing the armed party I have spoken of. ‘The armed party that I have spoken of were all strangers to me. ‘They were dressed in civilians’ clothes, most of them differing from each other. The foregoing deposition having been read over in the presence of the prisoners so charged, the deponent declares the same contains the truth, and hath signed CHARLES A. MARVIN.

Sworn, taken, and acknowledged )

before me, on the day, month, |

and year, and at the place, here-

inbefore mentioned. J

(Signed) Cuas. J. Courson, J.8.P.

The foregoing deposition having been made and read in the presence and hearing of the said prisoners, they are asked if they have any questions to put to the deponent; and they having declared, by Mr. Kerr, their counsel, that they had, the following evidence is taken on cross-examination :

I saw one man trying to fire upon the armed party. The prisoners’ counsel declares having no further questions to put to the deponent; and this deposition having been read in the presence of the said prisoners, the deponent declares it to contain the truth, and hath signed

CHAS. A. MARVIN. Sworn, taken, and acknowledged before me, on the day, month, and year, and at the place, here-

inbetore mentioned. Cuas. J. Courson, J.8.P.

PROVINCE OF CANADA, District of Montreal.

America, Counsellor-at-law, now in the city of Montreal, taken on oath this tenth day of November, in the year of our Lord one thousand eight hundred and sixty-four, at the Police Office in the Court-house, in the city of Montreal, in the District of Montreal aforesaid, before the undersigned Judge of the Sessions of the

shel- pur- osite th of I re- arty were most ‘ition ‘ced, oned

N.

1 the

they aving wing

The ut to sence ruth,

IN.

tae = eae

6 5

Peace in and for the sail city of Montreal, in the presence

and hearing of Samuel Eugene Lackey, Squire Turner Teavis,

Alamanda ‘Pope Bruce, Charles Moore Swager, George Scott, Bennett H. Young, Caleb McDowall Wallace, James Alexander Doty, Joseph McGror ty, Samuel Simpson Gregg, Dudley Moore,

Thomas Bronsdon Collins, Mareus Spurr, “and Wilham =H.

Hutchinson, who are now charged before me, upon complaints made under oath before me under the provisions of the ‘Treaty between Her Majesty the Queen and the United States of Amcrica, and our Statutes in that behalf made, with having com- mitted within the jurisdiction of the United States of America, the followmg crime mentioned in the Treaty between Her Majesty the Queen, and the United States of America, to wit:—For that they, the said Samuel Kugene Lackey, Squire Turner Teavis, Alamanda Pope Bruce, Charles Moore Swager, George Scotti, Bennett H. Young, Caleb McDowall Wallace, James Alex- ander Doty, Joseph McGrorty, Samuel Simpson Grege, Dudley Moore, Thomas Bronsdon Collins, Marcus Spurr and William H. Hutchinson, on the nineteenth day of October last past, at the town of St. Albans, in the State of Vermont, one of the United States of America, and within the jurisdiction of the said United States of America, being then and there armed with certain offensive weapons and instruments, to wit: pistols commonly called revolvers, loaded with powder and balls and capped, in and upon one Cyrus Newton Bishop feloniously did make an assault, and him the said Cyrus Newton Bishop in bodily fear, and in danger of his life, then and there feloniensly did put, and a certain sum of money, to wit:

to the amount of seventy thousand dollars current money of the said United States of America, and of the value of seventy thousand dollars current money aforesaid, of the moneys and property of the bank of St. Albans, a body corporate, constituted and recognized by

the laws of the said State of Vermont, and the said United States of

America, from the person, and custody, and possesion, and against the will, of the said Cyrus Newton Bishop, then and there feloniously and violently did steal, take, and carry away, against the form of the Statutes of the said State of V ermont, in such case made and pro- vided, and against the peace and dismity of the said State. The deponent, Henry George Edson, upon his oath deposeth and saith :

! have practised law in the village of St. Albans, since the year 1844. ‘The population of the village i is between two and three thow- sand. It covers an area of about one mile square. There are between two and three hundred houses in the village. The first National bank, the American House, and the St. Alban’s bank, are situated in the Main street, and in a central part of the village, ard are not very far apart from each other. The Franklin County bank

E

Se SO

66

is on the same street, and about midway between the First National bank and the St. Albans bank. I am acquainted with the laws of Vermont, and state that the volume now produced contains the veneral statutes in force in Vermont; and I say that the sections 22, 24, and 26, chapter 112 of said statutes, and sections 86 and 87 of chapter 15, and sections 1, 6, and 9 of chapter 31 of the said statutes, were on and prior to the nineteenth day of October last, and are nuw in force in the State of Vermont, and form part of its general laws. Iam acquainted with the seal of said State, and the signa- tures of the governor and secretary of state. The seal affixed to the certificate written upon the leaf between page 790 and the first page of the index of said volume, is the seal of the said State. The signature J. Gregory Smith, subscribed to the said certificate, and the signature G. W. Bailey, jun., also thereto subscribed, are respectively the signatures of the governor and secretary of state of the said State of Vermont. I also say that the seal affixed to the certificate upon the last page of the copies of complaint and warrant made and issued in Vermont, and produced and tiled yes- terday is the seal of the said State, and the said signature of J. Gregory Smith, and G. W. Bailey, jun., thereto subscribed, are respectively the signatures of the Governor and Secretary of State of the said State. I k.ow that robbery is a crime by the laws of the State of Vermont. [am one of the legal advisers of the St. Albans bank. I know that this bank has been carrying on busi- ness as banking corporation at St. Albans, under the laws of Vermont for several years past, and was so carrying on business on the nineteenth day of October last. I compared the copies of complaint and warrant before referred to, with the original com- plaint and warrant made and issued at St. Albans, in the State of Vermont, and declare them to be true and exact copies of the said originals respectively, and they are in the form prescribed by the laws of the said State of Vermont. The crime disclosed in the

said complaint, and also in the commencement of this my exami- - .

nation, is the crime of robbery according to the laws of the State of Vermont, and according to the laws of the United States of America. According to the laws of the State of Vermont, the duty of the town grand juror is to lodge complaint before justices of the peace, that is to say, within the town to which he is elected. I know that Mr. Chellis F. Safford, who lodged the complaint referred to, was on the nineteenth and twen- tieth days of October last, a grand juror, within the said town of St. Albans. No depositions are taken according to the laws of Vermont, prior to the issuing of a warrant, but the warrant is issued upon the information of the grand juror. By the laws of Vermont, upon the last mentioned days, a justice of the peace had

+c iret Rona sisi bt alae ile aie ae

en an eee Be

OT

anthority and jurisdiction to receive complaints such as I have spoken of within the county for which they are appointed, and also to issue warrar.ts of apprehension in the form [have before spoken of upon which prisoners if arrested would be held for examination. This my examination is continued till to-morrow morning at ten o’clock, and I have signed Hf. G. EDSON. Sworn, taken, and acknowledged, before me, on the day, mouth, and year, and at the place hereinbefore mentioned.

(Signed) Cuas. J. Courson, J.S.P.

On this day, the 11th day of November, in the year of our Lord 1864, the deponent, Henry George Edson, before named, reappears

“before me the undersigned, Charles. Joseph Coursol, Esquire,

Judge of the Sessions of the Peace, in and for the city of Montreal, and being re-sworn in the presence of the prisoners so charged, deposeth and saith,—The three documents now produced, pur- porting to be respectively ‘‘ An Act to incorporate the Presi- ‘dent, Directors, and Company of the Bank of St. Albans,” ‘An Act to extend the time and continuing in force for a limited period an Act to incorporate the President, Direc- “* tors, and Company of the Bank of St. Albans ;” and “ An Act ‘¢ to extend the Charter and increase the capital stock of the Bank “of St. Albans,”’ are copies of the several acts of the Legislature of the State of Vermont, incorporating and relating to the St. Albans bank ; the seal affixed to the certificates appended to the said copies respectively, is the seal of the said State of Vermont, and the signatures J. Gregory Smith, and G. W. Bailey, jun., sub- scribed to the said certificates respectively, are the signatures of the governor and secretary of state of the said State respectively. The acts of which those documents are copies, were in force in the State of Vermont on the nineteenth day of October last, and still are so; and the bank was on that day, and still is organized and carry- ing on business, at St. Albans, in the State of Vermont, under the said Acts. The village and town of St. Albans before referred to, are within the jurisdiction of the United States of America, and are situ- ated in the State of Vermont, one of the United States of America.

The foregoing deposition having been read over in the presence of the prisoners so charged, the deponent declares the same to con- tain the truth, and hath signed H. G. EDSON. Sworn, taken, and acknowledged,

before me, on the day, month,

and year, and at the place |

66

hereinbefore mentioned.

(Signed) Cuas. J. Courson, J.8.P.

Senet oer ae

68

The foregoing deposition having been made and read in the pre- sence and ‘hearing of the prisoners above named, they are asked if they have any questions to put to the deponent ; and they havin: declared by their counsel, Mr. Kerr, that they had, the following evidence is taken in cross-examination :

I think that a family resides in a part of the building in which the St. Albans bank is carrying on business and where it carried on business on the nineteenth of October last. I compared copies of the complaint and warrant made and issued in the State of Vermont, and filed in these proceedings. I can- not state when I so compared the said charge and complaint with the original thereof. The said copies of complaint and warrant are in the handwriting of a man by the name of Taylor, of St. Albans. I do not recognize the handwriting in which the name William IH. Ifutchinson in the warrant and in the complaint appears. The name William H. Hutchinson appeared in the original warrant and complaint when I compared it with the copies. ‘Tt is usual in our legal proceedings before magistrates to interpolate words in the same way that the words “ William H. Hutchinson” are in the copies of complaint and warrant now producca, aid such alterations are not made in the margin. I can practise before any Circuit and District Court of the United States sitting in the State of Vermont. I have never been admitted to practise before the Superior Court sitting at Washington. The United States Statutes at Large published by Little & Brown at Boston, are received as authentic in all the Courts of the United States, without any fur- ther proof of their authenticity. I cannot say how many volumes there are; I think about eleven. I am acquainted with the law of the United States upon the subject of treason, as most lawyers are, from general reading. The definition of treason against the United States would be the levying of war against them, or adhering to their enemies, or giving them aid or comfort within the United States or clsew here, by any person owing allegiance to the United States. 1 am 1 t prepared to swear that the United States subjects residing in the Confederate States, and who have taken up arms against them, are guilty of treason; I leave that to the judicial tribunals of the country to decide. I have heard of an Act of the Congress of the United States of the nineteenth of June, one thou- sand eight hundred and fifty-two, commonly called the “ Confisea- tion Act ; ” T have read that Act. I know thata civil war has been raging between the United States and the so-called Confederate States for the last three years.

The prisoners’ counsel declares having no further questions to put to the deponent, and this deposition having been read in the

fret net acl miter. wha Win Sad

69

c presence of the said prisoners, the deponent declares it contains the

ed truth, and hath signed ra |

ns H. G. EDSON, p(s

ng Sworn, taken, and acknowledged, ) We : before me, on the day, month, ie m and year, and at the place f a

re hereinbefore mentioned. ie) I (Signed ) Cuas. J. bei RSOL, J.S8.P.

ed ;

es ROVINCE OF CANADA

th q =e Dar Aeaheed ; i POLICE COURT.

nt :

ot The examination of Janes a of the town of St. Albans, in the he

he : State of Vermont, one of the United States of America, merchant, Hee

mnt now in the city of Montreal, taken on oath this 11th day of Novem-

ral her, in the year of our Lord one thousand eight hundred and sixty-

18 four, at the Police Office in the Court- house, in the city of Montre al,

ite in the Listrict of Montreal aforesaid, before the undersigned Judge

we of the Sessions of the Peace in and for the said city of Montr eal, in

ch the presence and hearing of Samuel Eugene Lackey, Squire Tarnet ,

ny P.. Teavis, Alamanda Pope Bruce, Charles Moore Swager, George

ute 3 Scott, Bennett H. Young, ¢ ‘aleb McDowall Wallace, James Alex-

a ander Doty, Joseph Mech, Samuel Simpson Gregg, Dudley Moore, ‘Thomas Bronsdon Coilins, Marcus Spurr, and William H. . Hutchinson, who are now charged before me, upon complaints made under oath before me under the provisions of the Treaty between Her Majesty the Queen and the United States of America, and our Statutes in that behalf made, with having committed, within the jurisdiction of the United States of America, the following crime mentioned in the Treaty between Her Majesty the Queen 5 ‘ and the United States of America, to wit:—For that they,

i q the said Samuel Eugene Lackey, Squire Turner Tavis, Ala- ‘ ' manda Pope Bruce, Charles Moore Swager, George Scott, Bennett ts If. Young, Caleb MeDowall Wallace, James Alexander Doty,

Joseph MeGrorty, Samuel Simpson Gregg, Dudley Moore, Thomas Bronsdon Collins, Marcus Spurr, and William’ H. Hutchinson, on the nineteenth day of October last past, at the town of St. Albans, in the State of Vermont, one of the United States of America, being then and there armed with certain offensive weapons and instruments, to wit: pistols commonly known and called revol-

vers, loaded with powder and balls and capped, in and upon one Cyrus Newton Bishop feloniously did make an assault, and him the said Cyrus Newton Bishop in bodily fear and in danger of his life then and there feloniously did put, and a certain sum of money, to wit: to the amount of seventy thousand dollars current money of

= ‘ tori EWI SSeS

70

the said United States of America, and of the value of seventy thousand dollars current money aforesaid, of the moneys and _pro- perty of the bank of St. Albans, a body corporate, constituted and recognized by the laws of the said State of Vermont, and the said United States of America, from the person and custody and _pos- session, and against the will, of the said Cyrus Newton Bishop, then and there feloniously and violently did steal, take, and carry away, against the form of the Statutes of the said State of Vermont, in such case made and provided, and against the peace and dignity of the sald State. The deponent, James Saxe, upon his oath saith: I was in St. Albans aforesaid, on the nineteenth day of October last past, in the afternoon. I think on that afternoon I saw about fifteen men on horseback ; some of them were armed with revolvers, but how many I could not say. They all appeared to act in concert together. The prisoner Hutchinson, whom I now recognize, was one of the armed party at St. Albans, in that afternoon. I notice a little ab- sence of whiskers, and he had no spectacles on at that time as he has now. I saw J{utchinson for the first time in that afternoon, in the Franklin County bank. There was something said in my presence in regard of the price of gold. Mr. Bairdsley, the cashier of the bank, handed me the Boston Journal, and asked me to read the money article. Ididso. So far as I could see, Hutchinson was unarmed at that time. I am not positive that I saw him indi- vidually in the crowd of armed men on horseback. Hutchinson was in civilian’s dress, and so also were the others. ‘Tne armed men I have spoken of left the town in a northerly direction, and went off in a body.

The foregoing deposition having been read over in the presence of the prisoners so charged, the deponent declares that the same contains the truth, and hath signed

JAMES SAXE. Sworn, taken, and acknowledged, )

before me, on the day, month, |

and year, and at the place

hereinbefore mentioned.

(Signed) Cuas. J. Courson, J.8.P.

‘The foregoing deposition having been made and read in the pre- sence of the said prisoners, they are asked if they have any ques- tions to put to the deponent; and having declared by Mr. Kerr, their counsel, that they had, the following evidence is taken in cross-examination: My impression is, that he Hutchinson had a moustache. I think his beard went pretty much round his face, but I am not positive ; I have a strong impression. He was at about six or eight feet from me. LHe was nearly facing me. My impres-

os beri ne

dv

ToO- nd aid OS- on Ay, ich ald St. he on ny el. the ab- 12s in my ier acd 301) di- ras yen nt

ce me

ates Tene

Rec ese

‘sion is, that he had on a black round crown felt hat. It was then

about half-past three, or a quarter to four o’clock. It was not a very bright day. There was a good light in the room. The win- dows are in front. Ie stood with his back in the light. I cannot be positive that I saw him after he left the bank. The first time I saw him aferwards, was at the gaol_—when I asked the gaoler to point out the man who called himself Hutchinson. All the other prisoners were present. I took a general view of the prisoners, passing among them, and I could not see him; and it was then that I asked the gaoler to point him out. The first time I saw the prisoner, after seeing him in St. Albans, was in the police office. I never saw the prisoner IIutchinson threaten any person or commit any violence. I am not aware that I saw him in the crowd of

-armed men.

The prisoners’ counsel declares having no further questions to put to the deponent, and this deposition having been read in the presence of the said prisoners, the deponent declares it contains the truth, and hath signed JAMES SAXE.

Sworn, taken, and acknowledged, before me, on the day, month, and year, and at the place ( hereinbefore mentioned. (Signed) Cuas. J. Courson, J.S.P.

By permission of the Court, on application of the counsel for the prosecution, the deponent, James Saxe, reappears before me the undersigned, and states: I asked the gaoler if he would call Mr. Hutchinson, who was then out of sight. I did so for the benefit of Mr. Bairdsley, as Mr. Bairdsley had not seen him since he was a prisoner. ‘This is the only correction I have to make in my deposition.

On cross-examination by permission of the Court: The prisoner came from the farther end of a very long room, where the greatest number of prisoners were. ‘The room seemed to be one hundred feet long, and I had then walked about twenty feet in that room. There were other persons in the room and at the end of the room. I could not see distinctly at that distance.

The prisoners’ counsel having declared that he had no further questions to put to the deponent, this examination is closed, and |

have signed JAMES SAXE.

Sworn, taken, and acknowledged, \ before me, on the day, month, | and year, and at the place hereinbefore mentioned. (Signed) Cuas. J. Courson, J.S.P.

PROVINCE OF CANADa, ¢ District of Montreal. 5

POLICE COURT.

The examination of Leonard Leandre Cross, of the town of St. Albans, in the State of Vermont, one of the United States of America, photographist, now in the city of Montreal, taken on oath this eleventh day of November, in the year of our Lord one thou- sand eight hundred and sixty-four, at the Police Office in the Court house, in the city of Montreal, in the District of Montreal aforesaid, before the undersigned Judge of the Sessions of the Peace in and for the said city of “Montreal, i in the presence and hearing of Samuel Kugene Lackey, Squire Turner Teavis, Alamanda Pope Bruce, Charles Moore Swager, George Scott, Bennett H. Young, Caleb MeDowall Wallace, ‘James Alexander Doty, Joseph McGrorty, Samuel Simpson Gregg, Dudley Moore, Thomas Bronsdon Collins, Marcus Spurr, and William H Ilutchinson, who are now charged hefore me, upon complaints made under oath before me under the provisions of the Treaty between Her Majesty the Queen, and the United States of Awerica, and our Statutes in that behalf made, ae having committed within the jurisdiction of the United States America, the following crime mentioned in the Treaty between ae Majesty the (Queen, and the United States of America, to wit: For that they, the said Samuel Eugene Lackey, Squire Turner ‘eavis, Alamanda Pope Bruce, Charles Moore Swager, George Scott, Bennett H. Young, Caleb McDowall Wallace, James Alex-

ander Doty, Joseph McGrorty, Samuel Simpson Gregg, Dudley se

Moore, Thomas Bronsdon Collins, Marcus Spurr, and William H. str

Hutchinson, on the nineteenth day of October last past, at the town be

of St. Albans, in the State of Vermont, one of the United States

of America, being then and there armed with certain offensive wea- of

pons and instruments, to wit: pistols commonly known and called 0) f revolvers, loaded with powder and ball and capped, in and upon

one Cyrus Newton Bishop feloniously did make an assault, and him Sy

the said Cyrus Newton Bishop in bodily fear and in danger of his life, then and there feloniously did put, and a certain sum of money, to wit: to the amount of seventy thousand dollars current money of the said United States of America, and of the value of seventy thousand dollars current money aforesaid, of the moneys and pro-

H perty of the bank of St. Albus a body corporate, constituted and |

recognized by the laws of the said State of Vermont, and the said se! United States of America, from the person and custody, and pos- tio sesssion, and against the will of the said Cyrus Newton Bishop, K then and there feloniously and violently did steal, take, and ta:

carry away, against the fori of the Statutes of the said State

of Vermont, in such case made and provided, and ayuinst the peace and dignity of the said State. The deponent, Leonard Leandre Cross, upon his oath deposeth and saith: I was in the village of St. Albans on the nineteenth day of October last, in the afternoon. I saw a party of armed men there that after- noon; I should think between twenty and thirty in number. This was between three and four o'clock in the afternoon. The 'v were on horseback, and in the street of the village. ‘They were armed Le with revolvers, and dressed in ordinary civilians’ clothes. I saw ty there on that afternoon, forming part of the armed party I have spoken of, the prisoners Young, Bruce, Spurr, Lackey, and Collins,

all of whom I now identify. They were all armed with revolvers, 1 A and were on horseback. The party appeared to be acting in con-

cert, and they rode off together ; and shortly after I saw them on the street they seemed to hes in a hurry to get away. ‘The prisoner Young shot at me with a revolver. IT saw the party shooting, and

Wes I stepped out of my photograph saloon, and said to one of the party atts “What are you try ing to celebrate here 7”? Young answered, ** [ll {ih let you know,” and fired his reyelver at me. Ie then said ** Come ‘Wel out ; let every one of you walk out into the street.” Young then ui ordered Lackey to throw Greck fire into Mr. Atwood’s building. eee Lackey threw a bottle, or something made of glass, against the ve sion over the door of the building. Young said then, * Boys th

march up the street, there is too great a crowd vathering round tl here.” He started off, and fired again at me, or at all events the Aa

Sworn, taken, and acknowledged, ) before me, on the day, month, { and year, and at the place hereinbefore mentioned. (Signed) Cuas. J. Courson, J.8.P.

ball passed near me. ‘This was the same party that committed (yh several acts of violence in the village that afternoon. They were Ne strangers, with the exception of Young, whom I had seen there ae hefore. iv The foregoing deposition having been read over in the presence bi of the prisoners so charged, the deponent declares that the same be contains the truth, and hath signed ie LEONARD L. CROSS ay

The foregoing deposition having been made and read in the pre- sence of the said prisoners, they are asked if they have any ques- tions to put to the deponent, and that having declared by Mr. Kerr, their counsel, that they had, and the following evidence is taken in cross-examination :

I went to Stanbridge. I helped to arrest two of the prisoners

at Stanbridge. 1 saw then handcuffed. I was armed when I Nl; was in Stanbridge, haviae © ievulver. IT do not remember threat- ening to shoot any of th» ,cio ics in Stanbridge. IT had my pistol in my hand when I \\-et into the <