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oy i NN ) 1 mo right to give up the horee to He: iE 'SUPPLEMENT to the * ONTARIO REFORMER," Frida ¥ ay 10th, 1872, ------ - -- Spring ~ Assizes. SECOND DAY --WADNESDAY. ~~ Hartrick vs. Haight.--This wus 2 cause that took up a consmderable portion of the' It wes a claim of $2,000 damages foraa assaut on the plainuff by the de- fendant. A feud had long existed between these men, wh were both justices of the The plaiot Tr called the defendant a liar, and upon re- ition, the defendan' replied with a kiok. day. poses and brothere in law. erdiot for pliiutiff for $20 damages. The Grand Jury returoed no Bil against A. Mackay, who w': indiote 1 for *,- there not w that she had been murdered. She ws found the murder of Catherine Wei being a- tittle of evidence 0 : dead by ths rosd:ide, without any m = of violence. [tw supposed she died from Sxposure, the result of her incmp.iic its. She was forme ly « res deat of Port Oshawa. The prisoner wa, coo, Stiles vs. Robinson.-- This was a suit In 1870, Stiles sold t : one Boynton, both residents of Aurora, a "horse, for two notes of $50, on conlition, as Stiles alleges, that if the votes proved for damages. not to be good he was to | t the ho: back. Some two weeks «lice, Stiles ic ing the notes were not oid, wemd to Beaverton, where Boynton bad gone and had placed the horse in the sta- « ble of Hamilton's botel. Boynton refused to give up the horse, and it was locked up to prevent Stiles getting it. Sviles wentaway, but in about five weeks return "ed early one morning with his brother. inlaw. He hed a bridle wrap .d in paper, and while the hostler had hi: bas turned took the Forse from the »table golloped awsy. The hosiler did not know * who he was, and Himilton got out a war. saat for the defendant, from C. Robinson, ® magistrete of Beaverton, for the arrest of any person in whose possessicn the horse wight be found. The constable met Stiles, who acknowledged to having taken the horse. Stiles was brought b:fore Mr. Robin: n, snd claimed that he h + » right to take the horse as it was bis. Mr. ' Robinson ssid thet there wes ro ose against Stiles, and Le would dism'. - him, bat Mr. Patterson, a law, er who af; : for Mr. Hami'ton, ssid that if pri ner was set free the horse must be given. to bim, and Mr. Hamilton, who w = vo ~on sible for it to Boyn:on, would lose it. Mr. Robinson then s:id if Stiles would give up the horse hé would let him go, othe: ee be must commit him. Stiles ro ied, and Mr. Robinson offered :0 take b- for his appearance at the A--'zes. Stiles refused to give it, and was tak:a to Whitby. The asked Mr. Robinson what he should do with the I.se, snd Mr. Robisson to!d him to give it to Mr. I's. | ilico. The plaintiff "brought suiv for demages for false imprisonment and for Joss of the horse. Tncre were several eounts, bus this was the substance of them. The osse w:: continged next day. constable 'a: THIRD DAY--THURSDAY A number of witnesses were called to rove the fscts alleged. Mr. Cameron for the plaintiff, held that Mr. Robinson wos lisble both {or sll the =» . the plain iff bad been put to in the matisr of the prosecution, snd also for the loss of = » borse. Mr. Robinson kuew that he i. + even if he codsidered tliat it had been stolen, for the law expres:ly declares that "if arrest is made for stealing, if the pris oner is scquitted, the pro. -rty alleged 10 De stoler must be returned to him, and if sent up for trial, the constabie ust hold the property until the prisoner had been tried. * Mr. Patterson, for the defence, stated that if 'the magistrate had not done legally sight ; he did what he believed to be the best. He ought not to have given the . horse up, but he did not direot the con- stable to do so, but only gnve Lim som advice, as a horse is a difficult thins to keep. He held that us Siiles entered the action more thao a year ago, snd osly brooght it to trial now, he was not very much injured, and that he ought to look to Boynton for the horse before bri:girg an agtion against thy magistrate. The jury returned in sbout an hour snd | a half, saying they could not sgree. The Judge ordered them to retire sgain, snd thry retired for some time longer, nd then returned a verdict for pluatiif for $150 damages for wrongtul imprisonment, bat made no award on the count respecting the borse. . WM. CAULFIELD, charged with the erime of murder, was next brought up for trial. Mr. Patterson for the Crown, stated the case. He sid that oo Sundsy, the 5th of November last, the body of Mrs. C.ulficld was found io the mill race, Oshawa. On the previ- ous evening, her husband and herself, who - did not live together, met at the house of Woods near-by, and had a quarrel. That shortly after they had left the house cries of murder wéte heard proceeding from she race near where the body was found. Next morning two portions of hair, the orown of a woman's bonnet, and marks of a strugglo were seen on the bank of the race. Caulfield's cap was found floating on the water of the race. Caulficld was seen that ovening agsin, but the wife wis never seen alive after leaving Woods's douse. = For the prosecution were called : -- A". Mrs. Jone Bove testificd she knew de oessed for several years. Saw her on the Saturday 'evening before she was found dead. Told ber she wae living at Mrs Grant's, on sccount of her husbind snd herself net living comfortably together. She was sober, although she was in the babit of drinking. Had seén her husbsnd beat her when they lived in South Oshawa, James Woods--Lived in Denis Rior- den's brick yard, near the reco where the body of deceased was found. On the Saturday jovening previous, mes the pris- oner down street. He went Lome with "me, snd earried a bag of meat for me, # helped to take her owt, while I carried » beg of brea. This was between seven and eight o'clock. When oame in, he said, "if his wife, Anpe, know that he was there, she would esl] my. wife beside ber neme." His wife then jumped up from the bed on which she had been lying covered up, snd began to blsckguard him. I sod my wi'e left snd went to a neighbor's (Schwab's) house. When we came back, both Csulficld and bis wife were gone. We were not out long. Baw the body in the water the firss next mooning, snd went for Gurley, and Saw hair and crown of boonet found on the bank of the ne: : Crose.cxsmined-- Mr Caulfield was friend. ly with his wife before I left the house. 1 don't know whether she was reconciled to him or pot. Went to Schwabe to borrow a dish. Did pot stop long, Don't know what was depth of water where the body Remember the night Mrs, Cuulficld was drowned. - Heard some one cry murder. Ran out and told Jumes Woods. He wes in his own house. lt wie soon alter he had left our house. Told him to come out and 6co who was hollowing murder, Cross-examined--Wus in our house when [ heard the cry. No ome waa there but my si-ter, nged sbout seven or ez it yours. Heard the ery two or three tim 5 t ore I went into Woods's. It wes were down 'street. © Don't know how long they had been pone. They leit alter tea. Qoly. knew Mre. Caulfield by sight. To Mr. Pattcrson--The voice sounded like a womsn's voice. Mrs. Ellen Woods-- I met Mrs, Caulfield down street, and she oame ' cae with me on the Sawurdry evening. She cowplaived of being tir', and | said she could lie down with the children. She suid she would lie down and cover herself over, snd it Mr! .Couifield came in, she would heur what he would have to say about her. Caulfield came in short'y afier and seid if his wife knew he wus there she would be mad at we, Sue then got up and begen to abvse him. He sehed her to be quiet and let him alone. When I sud my | ns. band went out of :he- house into Schwab's, Cauific! 1 and hin wife were eating supper together contentedly. Sisid rut pot more than twenty nitnutes altogether. Sew Frank Schwab when he came ia, snd ssid he had heard a ery of murder. After he came in, I listened and heard screeches twice, one right after the other. This was shor:ly after he oame in. My husband would not wo «ut. Coeuifield had some- thing to drick, but he wis not drunk '| when he was at our place. - Mrs Caulfield was not in lquor. The sere ching came from the -rice, und appeared to be the voice of a woman. ; JUross.exsmined-- When her busband wade the remark, she got pretty ugly. I have heard her threaten to take away her own life. 'they appeared to be pacified when [ wens to Schwab's. Did not styy in Schwab's any time. Did not'»it down. Only just got in our house when young Schwsb came in. She wad dressed in breakfiet shawl, purple dress, and brown bonnet. p Gro. Gurley--Took Mrs. Caulfield out of the race. Thought depth of water 4} orb feet deep then, Body wes about 4 feet from water's edge. Body when found wes face downwards, and the hands appeared to be in the clay. Bank wes about four fees from lence to declivity, and from the de- clivity to water w»s about, 9 feet. | Saw two bunches of heir, one about a foot or a foot and a half from fence and the [other about half past ight. Father and mother eame cold. field's. the sppearance of a tussle. Cross exam.ned-- Did not 'tout material result. eye. some kind. A blow a brui reeont ie, or as a resuit of « stun case hend were clay and sand. "and this v ss in the second. getting ito the water, out. on water, eye. Water that pight was wus sbout three or threo and a deep where body wes found. bauk. He did nos:retaliste. ing. his wife, we said vo. we have had a squabble." asleep." his i cad. For the dcfence :--- her left eye wis blecs. her in the face len. field's death in Hinds' bar-roow. be aid he did not know the w Stephenson's butcher shop. had not. charged against the prisoner. {Cross examined -- Bruise look d was getting well sud wus sn old one. appested to be a blue nck or purple olor. She was in my shop on Tuesdsy before. Did vot see anything len, did nos look Hair Dr. Coburn--Made post mortem ex- | bruise on the previous smination of body of Mrs. Caulfield and | neither Mr. nor Mrs. Woods bad seen it found she died from drowning. was a © zht scratoh on the back of the | that if the bruise was there on Saturday, let band, and a discoloration over left | thet some of the fumily of Grants with Under this fiund cxtravasation of | whom ste lived, had not been called to blood. © This was prcduced by a blow of | prove it. liat produced such | was there. mighs have produced purtial in- | had been impugned relative to the stunting sensibility to a person not prepired to | before the body had been thrown into the There are marks givea by | water. autnorities to di-cern whether a person | prove that she hud been stunned before tell into water in poss2ssion of their senses | being thrown in, but to show that the In the la'tir {state of the stomach wes consistert with l22# water would be found in the | this having been dere. stomach thn in former, because less strug: | sai' the water that night was three and a gling and less respiration, which gives | half or four feet deep, and he asked the entrance to water, would hao taken place | Jury whether it was possible for the wo- In this euse there was not a larze quanticy | men to be drowned in that d pth utrerin. of waicr in the stomnoh. Judged she | such ories of murder and screeches as had had either been stunned before getting in | previously becn uttered by her unless she | to water or else water in stomach had ran | hud been first struck snd stunted. out of mouth when body was taken out. Cross exsmiped--Under n:ils of lefs There There Henry Fiunamore-- Was ealled by con- stable Gurley atter body had been taken Saw the hair found, thought it did uot belong to decessed. S.w esp floating Cross examined -- Saw mark over left low and half' foe H. Hursti-- Helped io taking out body. Did nos notice any peculiar marks on Cross-ezsmined -- Lived near Caulfield's, never ssw much difficulty betacen them. 'A short time bei.vé ber death saw Mrs, Caulfield throwing stones as ber hiusbsnd. John Montroy--Saw Caulfield on Satar day night about six, next saw him at Mrs, Lockhari's, between 10 and 11 same even- tie then asked if sny one bad sc .n He was then sshod if be had e2co ber and he said ** yes and He was then asked where she was and he said " ot howe Did vot notice whas he wore on He wis not cro:s examined. Jas. Campbeli--Saw Mrs. Caulfield on Friday "evening before her death. if is It Daniel Buckicy--Saw prisoner at » quarter to seven on night of Mrs. Caul- He was drunk, I took him part' of road bowe, ss Coo Cross exemived --1 lett him at George Mr. and Mrs. Woods were re-called and | asked if they coticed any bruise over the eye on Satuiday evening. They said they This o'osed the caze and Mr. Cameron addressed the Jury for the defence. dwelt upon the serious nature of the crime He He said that the Jaw was that the prisoner should have the benefit of every reasonable doubt. Saw | * "tobe jealous of my wie. jwas found. Tne race is sbout 24 fees fence along the rece is TLiok the foot from the Bank soe. Cauifiold water slopes to Mpa. b of whiskey in my house. -- Woods's. Jove Be A Tog ie the Su Te rere He pointed out that the whole evidence for the case was circumstantial. He spgued thet all the evidence showed thes in the 'quarrels that took place between while hs wesueuded against. Unforimn. . ately both drank but the esuse of the tepar- ation between them wus her drivking. i there is one thing worse than another it is to, have 'a drucken wife and if ever there is u 'hell upon earth it was when there was a drunken woman in a house. He then eriticised she evidence and en- deavoured to show a disagrecment between the evidence of Schwab and Mrs. Woods, relative 10 hearing the cry of wurder, by saying that Mrs. Woods heard thew efter young Schwab came in but not. before. He slso srgued .that even if the ory was uttered, it was only just such a ory ss she might utter if she was attacking ber hus- taund. He threw discredit upon the evi- deuce of Constable Gurley, relative to the | ii os of a struggle, becwuse ro one else hod seen them. He argued that se the 1.x found was the prisoners, if a strugrle had taken place, it wes the woman that was committing the violence and not him. There were no marks of violence pbout her body aid if, us nileged, he had thrown her into the water, there must have been some marks where he seised her. It was said that there was the braise over the left eye, bus Campbell had testified thet he bad seen » bruise ou the left eye on Friday; snd Dr. Coburn hed to admis that the bruise was in the sccond stage. In refer. ence to the sniali quantity of water in the stomach, that w 5 no evidence that the was stonned before being thrown into the water, because Dr. Coburn bad been ob- liged to admit that it might happen with out a stun. He srg ued that the evidence was insufficient to show that the piece of bonnet found belonged to Mre. Caulfield's beupet, for oddly encugh the bonnet ws not produced. Even if it was a part of it it might have torn off in the fall or even in takiog ous the body. He dwelt upon the fact that when she left Woods the de- 'cessed wore a shawl, but no shawl was found wben the body was recovered, and argued that she hed committed suicide as she had threatened to do. He dwelt upon the eircomstential nature of the evidence snd asked the Jury if on such evidence they could find the prisoner guilty. Mr. Patterson addressed the Jury for the Crown. He argued, with the counsel for she defence, that the prisoner should have the benefit of every reasonable doubt, but in this case were the doubts thrown over it reasonable? "He then re viewed the evidence. He showed the prisoner was the last person seen with his wife while she was alive. Hoe argued thet the | evidence was sufficient to show thats tussle, as it had been called, had taken place on | the banks of the race near where the body | had been found. That the prisoner hud | sdmitted to Montroy that a rquabble had «bout three fect further towards water. | taken place between them, that he had Also, found esp about fity or fifty five | told a lie an to the whereabouts of his wife, yards further down the race on the water. | saying that she was st home asleep, whew Pieco of bonnet corresponded with rest of | her body wes resting in the race. The bonnet on Mrs. Caulfield's head. found did not eorrespond with Mrs, Caul- | Schwab and Mrs Woods, showed the Prisoner a:knowledged tha hair | serious character of the strugg'e, and the and 1p to be his at the Coroner's inquest. | fact that the hair found was the husbands Siw marks of fect where Lair was found, | only corroborated it, for evidently the wife two sizes of murks. 1 thought that it had | had seized him by the hair in her efforts cries of murder and screcches heard by | to resist bim. Buckley bad been called to call /atten- | prove the prisoner was too drunk to cow- tion of yone to tussle marks that [ am | wit the deed, but the Woods's evidence aware of. Witness underwent a lung cross | showed that he was pot drunk, and the examination from Mr. Cameron relative | fact that ke carried a bag of meat to their to position of fence slope and -of bank | plece bore their evidence out. Campbell had been oalled to show that she Lad the Friday, but | on Saturday. It was very singular too, They must have known it if it The evidence of Dr. Coburn Now, he bad not been culled to Mr. Fivocmore | The Judge delivered a lengthy charge to the jury. He entered ivto sp exhaus-- Belicved thet | tive review of the evidence, the tenor of tie Lruise over eye was recent. were different singes of # lor of bruis , | that the prisoner must have the benefit of The evlor of | every reasonable doubt; but that the doubts a bruise would change until the body be- Thought the bruise would produce a siun, bus there might possibiy | sufficient to acquit the prisoner. be a case of cxtravasstion without stun- | all criminals were convicted om such evi- ning. The stomsch might poesibly have | dence, for it is seldom that sn eye witness prerented the sppesrance named without [sees the erime sommitted. the decessed having been stunned before | where a num He said ! which was agains' the prisoner. | must be 1essonablc ones. The fact that | the evidence was circumstantial was not Nearly He keld that ba of circumstances concur red snd made dp one harmonious whole it wae stronger and ssfer evidence than the testimony of an eye witness, who might be deceived or swear falsely. He explained the nature of the crime of mar. dcr, and seid that malice and intention was neoeesery to such a crime. He sub- mitted 'the evidence to she Jury ss to whether the evidence was sufficient to prove the crime and the intention. The Jury then retired ond the court adjourned for sn hour, After the re opening the jury returned, and by the mouth of their forcmen, Mr. Joho Howden, returned o verdiet of guilty of wilful murder with » réeommendation of merey to the prisoner. The verdiot sffected the prisoner end the whole court. The Judge asked the prisoner If he had Soyesing to say why sentence should not He declared his innocence of the erime, snd sseer: d thet be had never lsid hands upon her, nor was be aware of how she game to her death * The judge then in a solemn address to the priser pscced sentence. He said the Jury bad rendered a verdict in accord suce with the evidence, and that be would transmit their rc mmendation to meroy *. toe Privy Council, but he held out no hope to the prisoner that is wonid be so ced. ' to. He urged the prisoner to pre- pare his soul for death, and sentenced him to be hanged by the neck until dead, ou Thuraday, the 13th of June next. FOURT:! DAY-- FRIDAY. E. J. Sertain was arrsigoed for trial, but was not ready for trial. Queen vs. Edward Stickney and wife occupied the dey. Tha Court wa: filled with friends and | neighbors of the prisoner's from West Whitby, 'who were greatly interested in the case. J It appears that Stickney sold a farm last sp: 2x to the late Go. Derby for his son Joba fee a good price. On the last Fri dey of December Mr. Derby's barns were burned down. Oo the following Monday s budly spelled, profunely worded letter was found in ite Myrile Post Office od- dressed to Mr. Derby. The letter rejoice. ed over the destruction of the barns, and the writer evinced much bate to two eons of Mr. Derby's, snd geid be was glad that Jack Derby had a plsee to burn, and thas be would get no good out of the Stickney he writer would burs him from 1] signed Jack Devil. The writiog wus in pencil, snd re-embied the writing of the prisoner Stickney. The Crown charged that he hud written the levter and burned the barn, his oj et being 10 eat such loss to the elder Deb, that he would be unable to mike his payments on the firm, and thus the prisoner would get it beck sgain, It is charced that the wife was chiefly desirous of getting back the property, snd that the, with or without ber busband, s:: the stack on fire dressed in a man's coat. [wo exeminations hd previously been made, one at the request of Mr. Stickney himeelf, by the Corover, which was favorable to him, and ove by the m=i:trates at the request of a detee! ive named: Tupper, acting for the Insur snce Co., at which the prisoners were committed for trial, 3 For the prosccution were eslled :-- Miss Derby-- She tes ified that on the vight c: the fire she saw 8 person deeeced in a dark grey coat in the yard. The 're son had po whiskers, (The prisoner Stickney wears » heavy beard.) She was looking : rough the window at the time. It wos dark but she could see. For underscandiog the fullowiog evi- dence it is 1ecessrry to know that the burned barns were situated on the Whitby gravel road: just south of the ninth Con line near Myrtle, sud that enst of the gravel road on the sonth ride of the ninth Coo. line are the farms of Messrs. Hoyt snd D. Briggs, and on the north : de, nearly opposite Mr. Briges', the furm snd house of tke prisoners. The theory that the Crown sought to establish wes thet both prisoners had set the stack on fire, and had gone up through lloyt's farm. Mrs. S.ickoey had then gone east towards home, snd her hu-band went towards Myrtle. Ira Brown testified to having driven along the 9th Coun. on two oceasione, one of which was the pight of the fire. On oue of these times he had met a person between Eoyt's und Stickney's dressed in wn grey cost. Did not know who it wes. Shortly afterwards passed snother msn gaing west. He thought it was Stickney. His wife sand daughter were with liu He would not swear that this was on he ight of the fire, but bis wile und deughi | lt er were with him sod thy say that the | he writers night of fire was the only time thet week | they were with bim after dutk. They discovered thesfise when they got to the gravel road, but bis deughter had noticed » light previously which they thought wes in the church. The remainder of the evi deace wus relating to his share in saving | grain &e. from the fire. He was cross examined by Mr. Cam: who war eounrelfor prisoners, but not of importance was elicited. Matilde Brown was riding with her father on the night of the fire, but did not | recoilect mecting snyone. Gsrdoer Wells-- Lives in Myrtle on corner of 9th Con. . Saw fire from my versndah. Heard footsteps from the east. Afterwards found it was Stickoey. Cali- ed his etiention to the fire. He raid i was singular he hud 1 ot poticed it before. He then ran to tLe fire. I foliowed soon after. When he got there the fire was coufined to the east ride of the stack, but soon :pread to barns, Cross-examined-- A person crossing the ficlds thet night would be tracked in tle snow. At fire saw Geo. Derby Sr., Henry Derby, Geo. Derby, Jr. snd John Derby. Helped to get ont osts--severai hundred bushels. D. L. Brizgs--Oan night of fire was in Stickney's house. This was after the fire had broken out some time. Went to vy bags and pails. Mrs Stickney wes then alone, Asked her for them and she gave me the psiis, sud told me the bags were at the barn. She was sitting in » rocking chair mending something and was dressed in a lightish kind of night dress. Lyman Alcombruck and Ezr Date-- Saw fire and went to is a.ong the 91h con cession. Both live east of Stickuey's and neither met anyone while going to fire. There wee a ride line east of Stickney's down which snyone miglit have gone wi'h- out 1li#ir weeting thew. Wm. Briggs--A month after the fire on his way to the coroner's inquest he stopped at Stickrey's house. Got into conversation relrtive to fire »nd the sus- picions aguinst S.ickney. i Stickney said she would swear that [Edward was home all the evening until the fire wus discovered. Cross-exsmined --She said he was home votil after fire was discovered. Henry Derby-- Receipts on back of mortgage produced he beiieved to be in Stickney's hsud writing. Was coming from Ashburn wren fire was discovered. To Mr. Caw: ron--Wss stopping at Scwnshe, Myrtl-, ta let my wife out, when I beard the nlurui of fire. Drove to fire and overtook >:ickmey who went there with me. He suid * drive on Henry it is your father's buildings thet are on fire." Did not know 1hiit | have been oharged with the fire. Father bought forty acres for me and 60 fir my brother John. He thoughts the 900 bashels of grain in the barn snd thet 500 were saved. Stickoey worked bord at the fire to save things. Ches. Allem, coastable-- Went with Tupper and Rie'ly to arrest Stickney. Mr. Tupper asked about s grey cost. Mrs. Stickuey said there was none sbout the place. We found a grey cost (pro duced) henging in a stoop. She then ssid sue bad forgosten-thet. Tt was pot theirs, it was sn old coat belonging to Grandfather Stickoey. It wes not con- ocealed. Cross-exssmined-- Found the coat where everybody could see it. Elin Tupper--Was employed to look into the matter of the fire by Insurance Company. Came Gown sbout 19th of January. Went to Stickney's bouse on 25th of Janusry. I ushed Mrs. Stickney where was the grey coat she hud on when she was at Derby's window, snd came out st Hoyt's gate. She said ** you eant prove that it was » woman there. I then said there was a coat there snd I would have to search for it if is was not produced. She said there had been 1 0 such poss there since they were married. She afrerwards produced a grey smock. 'I seid that was not the ove I wanted. The grey cost produced was then found Langiog on a neil in what I thought wes the kitchen port of the house. Cross-exsmined--Came down to ex- amine into csuse of fire. Did vot come down to proceed ageinst Stickneys. Only did #0 efter hearing circumstances When I came down I went to Derby's and tried if I could sce a person by looking through the window on a dark night and found I could. Am peid $2 per day snd costs whether the prisoners are convicted or not. Francis Pike, Portmaster, Mynil:,-- Stickney was in my office at aboat half- pet eight oa Mondsy morning after the fire. At dylight there were no letters in the box, this was sometime between seven ond eight. After that I went to break- fast. About three minutes efter | came from breacfast, Mr. Stickney came into the shop. He remsioed there about ten the letter box. Mr, Stickney then : there is something in 'there. 1 seid "1 guess not." He said " there is." I then lifted the cover and found rhe letter. It was dircoted to George Derby. Myrtle 0:¢ hinge of the cover of th letter box wi broken off so that the cover of the box slipped down at one cormer snd a per- son standing by could sce into it. He en said he would go down to Un I. George's, meaning Mr. Derby's, sad if he (Mr. Derby,) considered his loss by the fire so great thet he ocot!! not meet bis payments on the furm be boucht from him, he would take is buek. I took the letter to Ms. Derby aboat ap bour after. I recognise the envelope and letter. Cross-examined--1 took this letter to Mr. Derby Leciuse it looked like ove or two others that had been dropped in the Post Office before. I sid to some one before delivering it thes [ believed it wy a * cevlish thiog." My brother had ove of these letters and young John Shearer got one. Can't tell how long time before 1 said it wes a devilish thing, beesuse of its resemblance to the other letters. Don't know that the writing was like the others, but it was addrcised with » pencil. That was the only resson why he though: it wos bad. Sometimes take le tcrs to per- cons, Malcolm McTaggart-- Wes a member of 8chool Bosrd with Stickney. Recog- viged a oe! sin receipt which he got from Stickoey, pod believed it to be in his writ ing. R. Lockbart, of the Ontario Bank-- Tie lotter to Derby, the trustee receipt sod the Derby morizaze were handed to witoc:s to identify writing. Mr. C mer on object d that be wus not em expert. The Judge, however, ieceived hii evi dence. He thought all were' in seme hand writiog. On the examination, Mr, Cameron presented two pieces of writing to witn which be s3id he could not tell whether they were Written by the same person or not, but one' he Fecognized as Sti. pey's One of shesa, Mr. Cameron explained, was in the writing of Stickney and the other "hit of Myr. Pike, the previous wirn then presented o third, which he ay wes written by either of if other two. It was most like thot ides tified as Stickney's. Robt Fink -- Nork in blacksmith shop opposite Myrtle Post Cfice. Saw no one on onday worpiog go into Post Office until uiior Mr. Pike come back from break- fust when !ic ow Stickney go in. Cross ex ire d--8ome one mizht have frog od a letter in the box without my If Stickney bad told x t he fire' that she was bout the suie of the furm, but not ai udp " Croseesnvirned--She was expressing ber regr td at lesving the fare. Rot bin she wos sorry to leave the place. She sis 1 they were getting $500 more thaw r cxpeoted to get for the farm. M:. Catierou read the lekker and sub mitted that there was no evidence to con viet the prisoners, uy there was no motive shown or that eitier 0. the prisoners were pest the fire when it broke out. Mr. Patterson said the motive sugges: ed, was to get possession of | the place sgaein by rendering George Derby unabie op ytornt The Judge Leld there was po evidence against Mrs. Sickdey, znd she was at once disch ped, Fr the delende :-- Geo. Robson -- Hid been in the In- sursnce business sud accustomed to weit ing. Could not see woy similarity in the lester to Derby od Stickuey's receipe, R. Jones, Coroner Held inquest on thie fire at My. Stickney's requeis. Tuo t unt consider himeeil exéctly an xperr, Did not think letier to Derby was in Stickneys hand writing * Both witnteses were sharply eross ex- amived by Mt Patrerscn, with the resuit of leaving their evidence in about the aime conditign as that of Mr. L ckhart's, Mary Stickuey, daughter of prisouer-- Mother was out in the afiernoon, .nd my father went after her and both csme howe at five. My mothcr staid in all she even in, und my facher went to the Post Office for the papers about half-past six. Abous balf an bour :{icr, Mr. Briggs came in and eaid Geo, Derby's barn w.s en fire. David Brigze--Day after the fire | sug. gested to Mr. Srickoey, ssw veighbourly duty to Xr. Deby, that he should go ana offer to tuke the furm back, +f Mr. Derby could not pay for it. He said he dit not want the farm back, 8s he hud wanted to sell it for a long time and had m'.de a good vale. 1, however, pressed it upon him as a duty, snd he said he would thiok of ir. He was ab the fire, working hard 10 save the property. ke bad kno. n the prisoner from a boy and he always bore an ex.ell- ent character. N. W. Brows, R. T. Harrison, N. Bates, 8S. M. Thomas snd J. B. Bickell, Esq's., were called and gave sn excelient charactor to the prisoner. Mr. Cameron, for the prisoner, ssked if it wes possible for the Jury to conceive that 8 man of the prisoner's character could be guilty of the offence. No motive was shown, inasmuch as the evidence'show- od he bed made a good berguin and did oot went the farm back. He meade the offer at the suggestion of snother, as ap set of neighbourly kindness. Yet for the ect of kinduess, be is arraigned for » serious orime. Ile dwelt upon the letter and said there wad no meaning in it and uo objeot in connecting it with the prisoner, Mr, Patterson dweit -largely upon the identity of the letter with the hand writ- ing of the' prisocer. He submitted it with sckuowledged writings of the prisons or aud ssid if all were not written by the semo , Bo Writing could cver be identified. It wes true thas an exocellens character had been given to the prisoner, but then men of cxecellent chsracter some- times unfortunately fall, aud sll criminals make a beginniog some time. The Judge summed uj, dwelling lengthi- ly on the difficulty of identifying writin. He raid that if the Jury believed the let- fer was not written by the pr.coner, there was no evidenne sg.inst him. ~The Jury retired sad immedistcly re- turned with a verdiet of nod guilty. The verdiot was received with loud spplsuse by those present. FIFTH DAY--SATURDAY, * Queen vs. Sartain.--The charge was thas the prisoner Geo. J. Sartain, had pre- sented o letter on the 24th April last to Heory Gould, purpor:i:; to come from Bird, a Toronto butcher, recommending Sartain as a particuler friend, and asking Gould to render Sa:i2in any service in his power. Gould suspect-d him,and found out the fread. Sartain hed attempicd tose: a fraudulent draft negotiated 2 O--awa the day before, and it is anticipated thet be. e- sired to to get Gould to vouch for him at a Whitby beak to get it cishcd. He hed in other places gone wader other names. testified , | with a verdiet of guilty, The rt Worrco--Mre, Slickney told | ¢ he was a judge of writing, aituough hc did | | stick, whicii stopped Henry Bir) testified that the letter | duced wun pot written by him, Hud seen prisoner first time nbout a year ago; 'said he was going Kost and wsked me if | kuew any drovers in Whitdy ; mentioned Mr. G uld's name. He asked for vo intro- duction, nor did | give him authority to ure my name. | Crosp-evamined--Had ssid as Magie-- irate's examination thet I might have given prisoner authority 10: use my Dame. Often yive references to drovers. A. Hinds--8:iw him sbout my hotel with « man no ned Faneer Went with them to Dominion Bavk They precent d a dra. to manager; msnuger asked me if I knew prsouers, or would endorse | I v0id vo. [left bank wnd Vaveer after-- wards cee to hotel wed said bank would not 'cash drsit, but they knew Gould snd would return next 'day, end sll would be right. Mr. eron for the defe-ce submitted that ttere wes no ouse made out. He or- gued the form of indictment was wrong snd that po fraud had legally been shown. After an arguns ot the Judge decided that the indictment was inefficient, but thet jt wis tow late wi plead shis al .r the case h d been defended, [a refer: ce ts the other objection he decided :1as the the case shou.d be proceeded with FOR THE DEPENCL. C. Draper --Vaner ¢me 10 me with two drafts for $160 end $104, which were yenume. One of the drsfis were shed by t.- bank on my recommendation. Mr. Cameron migued that to : letter ~ thoug . fu. 2, was simply a le top of I~ troduction and would pot def-aud, The Jue charged tat the letter was capable of [.ing used t; defraud, mitho:q! in feet 18 1 2d vot done 5. He submitted the point whether frau? was intended, the jury. After u short absence the jury returned Tr Joner dischirged, but was immzd stely rea ed Ly a conse! London, for | ing a irandulent 2, for $1138 in i: city under the name i' George Herley. Queen ugainst John and Geo. Wi Tuey were charged with sn seu! Tio nl _kson, of EastWh. yooitheh read east'of Oshawa, Saturday, April 7:1, sud taki' from him » brow. mare. Is u '8 that Thousa Hiuk:on had cb the were from Gee. Wilson in a tru 2. The Wilsons claim first thut Geo. was pot sober und in a fit 8-02 at the tim: of he lo to make a b.-Lin, and eée- ondly, that George Wilson had ro right to wake such wu bargain, ines :.vch ss the mare belonged to hie futhey, end was net b . own property. In Hog the mare, thercfore, they olsim thet they were bt raking back their father's pro; 'rty, The « hud previously been brought befo-c W. H. Gibbs, A. Farewell, M. P. P., snd Jomes O. Guy, Eeqe., ss Magistrates, who had, after a lengthy trial, convicted m of on.y an wsssuit. and had ivflioted a fine on ¢rch prisoner of $15, snd costs mountizg to $10. Upon their arraignment, their counsel Mr. C mer un and L. English srgued that the care had boc dealt with by the Mag- istrutes, snd that it should pot be retried. Mr. Patterson forthe Crown aud J. E. Farewell for the prosecutor, rejoined that the Magistrates had not been prayed by the prosecutor to proceed summarily, sud they had pot dove so. After a lengthy argument the Judge de- cided the Mugistrutes should not have dealt summarily with the case and ordered it to be proceeded with. The witnesses called were :-- Tho's Hinkson.--Oa Saturday, Tih April, was driving along the road towaids Oshawd, about four or half past, in a cov- ered buggy with my wife snd child, when I was overtaken by tle prisoners iding oo Loisebuck. John Wilson struck the mare I wis driving on the nose ywith a her. He then dismounted and ran to the side of the bug- uy cn which my wile was siting, and +truck the whedl with the stick and suid, "1 have got you vow." | was rising wheu he flourished the club over me and suid it I stirred he would knock my brains out, My wite w.s w.ch lughtened, cs pecially u« she was enciente, and urged me to sit sul, or they would kill me. | believed he would have killed me 1# | had wot out. George 100k the horseout of the buugy and stripped the harness ff. John thea took the herre snd went towsrds Oshawa, and Ge ree went ea-t, Cross-examined ty Mr. Cameron--It ws ncar Mr. Bowers's. Did noteee Mr. Bowers and his man standing by antil of ter they had got the horse out of the bug ey. Got the mare in » trade wi h George Wilson. Gave a span of horses snd $20 in exchange. Dont know the value of the horees I trad. d. Hac been offired 875 for one, snd considered her worth $80 The other wus worta £35 or $45. Traded on Tuceday before. The two horses and money was brought back s night or two af er, vnd the money given to my girl. 1 was in bed. ¥ound the horses in the yard vest mornig. Mr. Wilson, the father, of fered me $20 to trude back and settle the matter. He offered the money on behalf of Geerge. Had a revolver with me when they took the horse. Don's think I tried to wet at the revolver. When he was going »way, John Wilson said he could do more with » jeok knife than I could with a revolver. Summoned Bowers es a witness before the Magistrates, but" did nut examine him, nor bef.re the (rand Jury. i My wife was before the Magistrates and gove evidence. Had tried since 10 get the mare with a constable ; never been at Wil. son's ot night. Hat prodaced is cot mine. John Barbeuld had worked for me. Never told Birbauld to steal a wheelbarrow. Did s:¢ os wheelborrow on the road ride snd told him to put it on the wagon. Never bona pair of stockings for him snd prid 15 02n 8 for them, sad told him I had given $75 for them. Never was charged by Thomas or Wm. Cou :nt with opening his trunk ond tekicg money. Never had trouble with the Oshawa Station master. These sre all lies got up since the trade by the Wilsons:- Got one horse I tradid in Ootober lest in a trade with Mr. Gibb, Gave another hor: e for it. This was tice n ost valuable one. Got the other from Mr. Fowke, snd traded a horse. and cut- ter for it about a month befo .. 1 b.o't 11.0 case before Magistrates. Den's know whether the Wilsons were fined or not. Wanted the case sept up for i: Did nos ask Mag strates ta fine them. Cuiied a revolver bresuso Gio. Wii 1» icicatened ts kick the guts out of me. T' +s we bo tween the trade snd Snodey. C.c:ge had seid it wo.' be the deurest baz in | ever made if I did pot give the horse ba :k. | own four hor:es and nine or ten cattle. Have traded horses two or three ti: es, Traded with George Wilson at his place. I of- fered him the ¢):n and $5 for the mare. He wanted $20. I refused to give it at first, bat at last consen cl. This wes about five o'clock. He went with me home when I | id him the $20. Borrowed part of the money from my father. Mr. Wil- son went to my father to it settled. My father ed a ody Den's resoll. ot that they offered 40 lot me have the ML *| ue Gb ther hove to drive home, nor | could not be heard »s it was not relevens . .|Jecph Bow:s, Sen. wheth-r 1 wked them to let me have the mare-to go home, nod sad tha: «fierwards they might have her. Dida't soy when they came up that they might have the mare if thet wes sll they wanted. srw med by Mr. Patterson.--One of theta jerked the lines out of my hands. Mr. Cameron here argued that this ti: dence showed the mare was tuken under a aim of right, sud the prisoners should be discharged. The Judge would pot take upon himeelf to decide, agd said it must be submitted to the jury. J Por the defence, Mr. Cameron called Wilsons ove <k window. 1 went to the ca-e at issue, REBUTTA!. EVIDENCE. Hinkson. Know Joseph Bowers. Went to sce him with my son on Monday ; ask- ed him what had happened. He ssid ho had & job ha.f done for the Wilsons, but he would t ll the truth, te then said "John Wilson csme up snd struck the he dismounted and 'o.k the mare by the head; George came up sad Joba wees two or theee times with the elub so violently thas he thought he would smash it to pieecs. Wilson brandisbed the club over the heads in tho buggy, and threat H _kson opposite m out to see the (in, ohn Wilson rode in He then jum off his ho © snd took | to Hiok:on ¢:id, ** What do you | mere." Hinkson ssid, * well, if that is all,' suke her." John Wi'ion then procceded to uchiteh her. Some conver tion then took | pinoe between them in whiz Wilson got excited. Hinkson agein said, ** Take the ware,J ¢ 3k, snd be done with it." Mr. Hink- »00 complained of being «ft: ithout horse. | C orge Wiso ssid to J 2, *"let them have your horse." John Wilson said they wit take the best of the two. For some reason this offer we: : ' 1sed, and Hinkson 4, " Let we have the mare to drive home, and [ will gusrantee you shall have Fer 10 morrow morning." John Wilson ssid, ** You will never pull a live over this inre sguin, # long ss your name is Tom Hioken." Siow more conversation en- sued when Jobn Wilson got exoited Hel; +d to pick un the harness ; found the end of shall broke ; it was an old break. In tie conversation that took place, John Wilson said, ** Yeu ches'- 1 my brother, Tom, when he was drunk, and you know it." I was suppwoged by IHivkson to give cvidence before the magistrates, but | they did not eall me. Saw 20 one struck. | Jn Wilson struck the wheel, but no one | wes likely to be struck by the blow. Did i| not think a highway robbery was taking | Place. | Cross-cxamined. -- When John Wilson | hit tLe wheel, con't know what Wilson! ssid. I cw something was said. Never hesrd an oath the whole time. He struck a pretty hord blow. He was saying ssme- | thiog sbout the trade. Cun't eay what | were the words | used. The stick wes a ! bo - 2: stake of a sleigh about two feet | long. John Wilson had it when be rode up. I wondered at Hinkson giving up the ho: se 80 quietly. Thought i¥was his son- | ssience that wes troubling him for once. Saw Edward Austin that afternoon, and | to him the rame story «s | have told this' afternoon Never said ** I never saw sash hellish design as was on John. Wilsoa, ner that the club had been b:indished over: Hiokson's head. Am a teamster; work for m .-. Have done some work for Wilsons, but none since Christmas. Never! said that if Hiok on had attempted to rise he would have been in his c ffin, but | 811d the stick wes < "ough to put a men in' his coffin. The affair might have lasted a | quarter of an hour. | W. Bcnd.---Wsz at Bowers and the | affair; heard Hiokson say Wilson might take the horse. Up to that time no attempt | to strike had bec rede. Hesrd Hinkeon | say he wanted a borse to go home with. | Wilson said he micht have the hest herse he had, and oslled Bowers to witness that | he had offered the horse. °° Croes-exemined.-- Both Wilsons help d to tuke the horse out. When I came oat | of the house Joho Wilson was heldiog the mare. The other camo up and helped take her out of the buggy. - There wae some" jawing going on. John Wilson was nar Did not see Uinkson 1ry to ger out of the buggy votil after they had . left. Never told Stephens [ was not out "the hous. Seen John have the stick. He was swioging it around some when ke was wa king sbous the road, and when Le wa near | ¢ buzey. George White.--Sa# George Wilson on day of trade ot Brock's hotel, shout 12 o'clock. Wouid not sa; he wis druck or that be was sober. [le hud a horse und light wagon. He went trom there to Downiog's. He stumbled on getting into the wicon, This wes abeut one o'clock or a little after. ile had a quarrel at Brook's snd acted kind of foolish. Don't koow what he drank st Brook's, He dr.uk a glazs of cider at Di wning's. Ales. Guon.-- Saw Wilson on the day of the trade at Downing'+, drusk. Palwer | wanted him to drink. Wilson refused, said he had had encuch. Pilmer made him drink. When goi-g up to the bar he stumbled over a chair. He drank uficr that. Didn't consider him in a fit state to | trade horses, : | Cross examined. -- This wes about half pest twelve. Don's know what be drank. | had traded. ~ Valued test horse ot $60 last full or summ:r. It was then partially blind. Uunderstood since that if hed zooe totally blind. Don't know when is w.nt blind. Valued the other horse at $20. The mare Hinkson got was worth | from $150 to $180. Crocs exvmined.-- Valued the Hickson | horse at $60 in fall and the mare as from | $130 10 $180:in spring. Joha Wilson, Sew'r-- Am father of pris- | oners. 1 owned themare. George traded | without my knowledge or consent. [le | manages the farm on shares. I find the tesm. Did not suthorize Lim to make » trade. Was in Toronto as the time. I tried to get a warrant to get the mare beck. Wear to Mr. Hnkaon's, Sr., ond | iried to get it settled; koew that the two korses snd money had been returned fore I went to see Mz. Hinkeon. . words, I saw tte son and the geiker, snd offored them $20 mare beck without any more said 0 them that George was the trade was made. In the a Mr. Hio kson, Sr., met me in and a quarrel took place; after i agin offered the $20 to settle. Mr. Hinkson ssid be would not take less thas $30. This was on Saturday. Cross exsmined--Geurge traded a oolt of mine for this mare, Don's know whe- ther the colt was worth ss much as the marc or not. Did not authorise him to trade or try to gel the colt back, bus told him he had no right to trade. 1¢ was not by my dircctions that my sons took the mare. Undersiood that Georye sent the horses and the money. back next ing a'ier the trede. 's believe" George ever pot more than $1 oo the trade, but} $20 were sent back. Jumes Wilson My father owned the maze. Valued the mare at $1700r $180. The best of the two horses my brother got was worth $20, and the other was worth nothing. The Loree that was traded for the poorest one was 'sold for & pound of raising, Don't think my brother could have been cheated if te had been sober. Joan Barbsuld was cailed-- Mp. Patter: son objected to him. Mr. Cameron said be called him to impesch Thomas Hinek- son's credibility relative to the matter of bo ¢ 7 the headstall of shé mre snd spoke | sign <u John ened Thoms if he got up be would smash never saw wi ove with such hellisi de. ison had been. He also esid to my eon that if he. had sttempted coffin. John Wilson was very excited, 0 ' much s0.thaf\George csme up and seid: 'What's the use ? we have got the mare sod that's enough.' Oa the evening of "the . trade, my son csme up with George Wilson, sud ssked me to lend bim twelve dollars to give George Wilson on a trade. George Wilson gat in the weggon, Don's think he was drunk, as he turned round in ® pretty narrow plece. Mr. Wil- D. Hink«on--Am father of Thomas . mare on the head with the club, Then back to the bu;oy sod siruek the wheel front of Hin on's mare whioh ei ped. | his brains out. Bowers slso ssid thet be wit, Jock?" He ssid, "1 want the [to ves up he would have seen bim in his v son ame up on Saturday snd wanted to rettla iad offered $20 for George to trade baek. Cross examined -- Did not speak to Geo. Wilson when be came with my soa. Will swear positively that the horses were brought back the second night. Advised my son to. make a settlement, bat did vot advise him to take any amount. told me be would ot settle. My son told me be had scen George about the trade befo:e the horses were brought back. He said Geerge and James had offered him . $10 io trade back. Can't say why Bow. ers was not examined beforo the magis- trates. Did not know whether be had been previously examined on behalf of my son. My con told me sbout the taking of the mare, snd Bowers told the sime story. 1 have not confounded the two stories told. William Stephens --Bond told me on + Tuesday or Wednesday that he looked out of the window, and was never out of the : house. Cross exsmined-- Thos. Hiokson ried my daughter. n- William Wade--Was present when the - trade was made. llinkson first offered $5 to boot. then $20. Some banteriog took place; but Wilson stuck out for the $20, whieh was sgreed on. snd six o'clock. Would not say Wil- Wilson would not take less . This wes betw. cn fivesad son was drusk or sober, but there - was nothing to Jead me to think he was wins For tl 15 a Somple: T. 3 Si drusk. Wils'n milked u cow before he - 4 wend with Hiokson for the bot, Hinkson had not all the money with him. Cross-exsmined--No one else was in the house but Wilson, Hinkson snd my- self. Trade was going on before I gos there. Mr. Wil-on, Sr., saw ane and ssked me if George had been drinking. I ssid I don't think be was. Did not ssy be looked queef. = Thoughs Hinkson was getting the best of the trade. Don't thiok the horse Hinckson had with him was worth more than £20. Did not see - anything to drink in Wileon'sibouee. The judge in his charge' dwelt upon the aggravated character of the robbery. . He explained the diff rence between lar- ceny and robbery which implies violence. The principal charge wes stealing. pointed out that if property ie taken under the claim of right it is not stealing. He held that there was no evidence to show that George was Crunk when the bargain wz: made, rather the evidence is the other way. The qu :tion was first, whose pro- jerty the mare was then, whether George bad aoything to meke the trade. they had not to go so far as to prove it to be their property, for it was enouzh to ' show that they had an honest belief thet George had been defranded so much ss to invalidate the bargain to free them from the charge of felony. This was the prino- cipal question. The judge charged strong- ly against ti'e prironers on the eount of a2 ult. He suid the horse was tsken away discreditably, snd ssid Hiokson cou d not have been convioied if he bad shot Wilsons while they were duing it. Jury returned a verdict after an absence | of three quartzrs of sn hour of guilty on the secon 1 count of aggravated assault. The Judge ssked if this was to be the end of the action or was there to be a eivil euit for the »: sult. Mr. Farewell said the prosecutor would not enter a civil sotion for the asssult. The Judge said he intended in that case to award cosls to i prosecutor. 3 - The judge in addrcesing the prisoners . | ssid the Jury was quite right in se- upon the serious nature of the . He regretted he could not settle the eivil rights, He then sentenced thet each should pay a five of $25 each, and a totsl of $38 ocste of ion, ond lass of tor's time. In addition it wes ue- retuod that they sbould not seek to re- cover the fine inflicted by the magistrates. This ended the eri Judge dismissed the Jurfmen. He ro- mained over co Monday snd beard or two eivil cases of no: speeis) in the others having left ever 10 next court.) PRESENTMENT, The Grand Jury of our Sovereign the Queen, in snd for the County of On- in our hands, thus ensbling ue to " determine the several cases with due beration and us little delay ss possible. A special care of hardship bes under our notice, which, it is desrable, should pot be repeated in the instance of 8 7000 having been committed and kept » time in prison on the warrsnt -of & coroner oherging the unfortunate persed with murder without having taken pro- proper mea the Grand J sgommitted, or indeed any violenes to the person of the deceased at oll. = Such negli- genoe on the part of those haviag power over the personal liberty of their fellow sabjésts should not pase without being brought hefore your Lordships notice. In accordance with youe Lordship's di- visited the gaol, snd inepected the prison sccommodstion, and have plaasure in stad: iog that we find there the utmost regerd oners that circumstances admit of, sad the general management sppears to be that could be desired. All of which is respeetfully submitted. GEQ. CURRIE, Foreman, May ad, 1672. | He + J. W. Fowke.--Know horses Hinkson quitting you in the first count and eonviet- ing you on the second. He then dwelt | side ond the -. Tr measures to asocrisin or shew 10 ; thet os murder hed bees * rection, and the usual custom, we beve 10 cleanliness sod the comfort of the prit: Sul