« PreviousContinue »
Mr. Ritchie next examined the witness :
Q. When did you first perceive Mr. Keith and Dr. Smith ?-A, I cannot say. I do not remember seeing them before the scuffle. Dr. Almon first seized me, and aimost immediately after, Mr. Keith took hold of me. Some time after this scuffle I saw Dr. Smith; that was when I raised my head.
Q. Was your pistol presented in a dangerous way?-A. It was directed towards the boat.
(On being further pressed as to this point, he admitted that if it had gone off it might have shot any one of the men in the boat.)
Q. Was your conduct calculated to induce the beiief that you would use the pistol ?— A. If I spoke the truth, it would be of course thought that I would fire. I intended making the men believe I would do so.
Q. The same idea, I presume, would be conveyed to the bystanders on the wharf.A. Of course.
Q. Could you have told which of the three men would have been killed if it had gone off ?-A. It was not going off.
Q. Suppose it had gone off accidentally ?-A. But it was not going off accidentally.
Mr. Ritchie continued—If you had been intending to fire, you would not have been surprised at some bystander knocking down the pistol ?—A. I cannot tell.
Q. Who were the persons in the boat ?-A. Wade, Gallagher, and Holland.
Q. Were you aware if Gallagher and Holland knew you had a warrant ?-A. I cannot tell.
Mr. Roche-Whom did your pistol cover ?-A. No one, that I know of. I am not in the habit of using fire-arms rashly. It was a Colt; it was not self-cocked.
Hon. Attorney-General asked—What number of persons were within the inclosure ? -A. I cannot tell the exact number; perhaps a hundred. Some were on the slip, and others on the wharf.
To Mr. Ritchie,I was never stopped before on going down to the wharf. I cannot say if there was any special order on that day. • To Hon. Attorney-General—There were no persons outside when I went in.
To Dr. Almon–I cannot say if Wade had any trunk with him, or any bundle of clothes.
Dr. Almon-I only question the witness on this point, in order to show that if there was a robber anywhere, it was not Wade.
Witness, at the request of the Attorney-General, here described the mode in which he held the warrant. He held it quite closely folded in his hand.
· Examination of the City Marshal. James Cotter, City Marshal, was sworn and examined :
On the 19th December I had a warrant placed in my hands for the arrest of Braine, Wade, and others charged with murder and piracy. I placed it in the hands of Hutt, a member of the police force, with verbal instructions to be on the Queen's Wharf, for the purpose of arresting Wade, who was to be landed on that day at 1 o'clock. The Counsel for the American Consul, Mr. Morse, informed me that it would be about 1 o'clock, and that he would see me before that hour. He it was who handed me the warrant. I did not see Mr. Morse afterwards as he had promised. The first message I got was from Hutt to send a policeman down to the wharf to help him. I took policeman Hood with me to the wharf; I remained there a short time, when a boat from the American ship came and landed three prisoners in irons on the slip. I saw Hutt, Hood, and Burke (policemen), standing close to where the prisoners landed; also several gentlemen. There was a delay of four or five minutes after the landing referred to. I left the slip and went to the American Consul and his attorney, who were standing on the wharf. After communicating with them, I turned round and recognized one of the prisoners in the boat. I asked Mr. Gunnison who it was, and he replied it was Wade. I then ran down the slip. A number of gentlemen were standing on it, close to the water. I saw Hutt with a pistol in his hand, calling on the boat to return. I saw that the people in the boat were inclined to come back, and, in fact, they did back somewhat. If I had been in the Commissariat boat, moored at the wharf, I could have got into the flat in which Wade was. I left the slip and went on the wharf, thinking to find them in the same position ; but when I got to the Commissariat boat, they were out of my reach. I called out repeatedly for them to
• K 2 con
come back, but to no purpose. A number of voices from the wharf urged them to go on. I called upon the officer in charge of the American boat to bring it to the wharf; but my voice was drowned by others exclaiming, “ No, no ;” and the American did not come to me, but went away. As the boat left the wharf with Wade in it the crowd cheered them on. The pistol was given by myself to Hutt on the previous night. I had received intimation that a number of the men charged with murder and piracy had taken passage in a steamer lying at Stevens' Wharf, and I had reason to believe they were armed and would resist any attempt to arrest them. Under these circumstances I thought it necessary to arm the police. The warrant in question only extended to the precincts of the city. I had no means to pursue the men in the boat, which was pulled, I believe, by the best oarsmen on these shores.
Cross-examination :-To Dr. Almon-It would have been possible for me to have taken the warrant away from Hutt and given it to another, or to have served it myself. I saw you speaking to Hutt, then leave the wharf, and return a few minutes after. It might have been possible for me to have taken the warrant away from Hutt in the meantime; but I did not do so. I did not see the scuffle on the slip.
Dr. Almon—Can you wonder at the crowd cheering and sympathising with the escape, when they saw that two native-born Nova Scotians—the Henry's—free men the day before, were brought ashore in shackles, having been taken illegally from a British vessel in British waters, and confined secretly in an American man-of-war ?- A. As City Marshal I must lay aside all private feelings.
To Mr. Ritchie-The men in question came ashore in custody of an American officer. I cannot say who took off their manacles. I was instructed by Mr. Morse to arrest Wade immediately after he was freed by the Sheriff. I had no instructions whatever from anybody else. I knew immediately after Wade's escape that the Sheriff had told Hutt to give him (Wade) a few moments' respite. Hutt gave that as the reason why the arrest was not made immediately.
Mr. Roche-To give him breathing-time on British soil.
To Mr. Ritchie--The object was, I presume, to bring Wade before the Mayor. 1 cannot say if the ultimate object was to send him to the States. I presume it was the object of the American Consul and attorney to have given him over to the Americans, if liable under the Ashburton Treaty. Wade was in the exclusive custody of the American officer when I went down to arrest him. I saw him in irons after I received the warrant, and before it was attempted to execute it. I confess I would not have liked to have taken him with his shackles on; I would have taken them off before marching him to the station. I did not hear the Sheriff say that he was free.
Mr. Ritchie-Now let me ask you, as a Briton, would you consider it any crime for persons to say to Wade “Go on!” after he had had his shackles struck off, and he had been declared free by the highest officer in the county ?-A. I cannot answer such questions, for in answering them my feelings may influence my judgment.
Dr. Almon–Did you get any assistance from the American Consul when the constable Gardiner was murdered on board an American vessel ? - A. No.
Dr. Almon-I only ask this to show that American officials, in some cases, are not so anxious to carry out the ends of justice, and convict murderers.
To Hon. Attorney-General—I do not think there was anything like 100 persons on the wharf. Perhaps there were 50. Some belonged to the Commissariat Department.
Examination of Policeman Hood.
On the 19th ultimo I was ordered by the City Marshal to go the Queen's Wharf to assist Hutt in the arrest of one Wade. I went to the wharf, and after I had been there about fifteen minutes I saw a boat with the prisoner in it come to the wharf. The officer of the boat spoke to the Sheriff, and then three men, including Wade, were brought on to the slip. The Sheriff afterwards read a paper to them, and told them that they were free, and could go where they pleased. I saw Di, Almon wave his hand to a flat that was lying in the dock, and I heard him tell Wade to get into it. There was some noise, and I saw Hutt run down the slip and call upon the boat to come back. He did not name any person, but simply said, “Bring back that boat !” They did so for a short distance, and Dr. Almon called out, “Shove off, shove off !” He also told the American boat alongside not to interfere. Hutt called to the boat again, and drew his pistol. Dr. Almon thereupon seized hold of him from behind, knocking down the arm holding the pistol, and confining both arms to the side. (Witness here exemplified the process on a gentleman standing alongside.) A. Keith, Jun., then came and seized me by the right arm, to prevent me aiding Hutt. Dr. Smith also came up and interfered. By this time the boat got off amid the cries
him with his shackles one can that he was free, un would you consider
of the crowd. I was in the act of wrestling with Dr. Almon when Keith came up and seized me. Keith might have had hold of Hutt at the same time. The number of people on the slip prevented Wade being arrested. All were apparently under the control of Dr. Almon.
Mr. Roche-Do you believe that Dr. Almon can exercise such wonderful control over the citizens of Halifax? I don't.
Cross-examination :-To Mr. Ritchie-Dr. Almon appeared to be the chief among the crowd. I did not see him interfere until the pistol was presented at the boat. The Sheriff said the men were at liberty to go where they pleased.
Q. If the Sheriff told them to go where they pleased, was not that tantamount to a permission to go into the boat ?--A. (After hesitation) I suppose so; they were told to go where they liked.
Cross-examination continued-Dr. Almon, after the scuffle, only interfered by calling to the boat to go on. All the men on the slip appeared to be under Dr. Almon's control. My reasons for stating so are his action in calling for the boat and his interference with the policemen. I have no other reasons for believing that he was at the head of the crowd. Wade was taken prisoner, I believe, from on board the “ Chesapeake,” in Sambro Harbour, by a Federal man-of-war. Sambro is not in the United States, but in Nova Scotia.
Q. Do you know if the warrant under which he was arrested at Sambro was similar to that held by Hutt, namely, a pistol ?-A. I cannot say.
To Dr. Almon-I cannot say whether you know Wade from the Henrys. The whole of the men were released at once. I do not know them apart. You might have thought it was one of the Henrys in the boat.
Examination of Policeman Burke.
On the 19th ultimo I went to the Queen's Wharf, where I saw Hutt; I asked him what was the matter, and he replied that some prisoners were expected on shore from a vessel then lying in the stream. I waited until the arrival of the boat that contained them. The American officer in charge came on shore and spoke to the High Sheriff. The former then returned to the boat, and told the prisoners to come on the slip. They did so; and the Sheriff read a paper he held, and asked each of the prisoners his name. I then saw the American officer take off the shackles from each. I heard the Sheriff next say that they were free, or words to that effect. I next saw Dr. Almon shake hands with one of the men, -I don't know his name,-and whisper to Wade. Dr. Almon next beckoned to a boat that was apparently leaving the dock. The boat came alongside the slip, and the Doctor told Wade to get in, which he did. He also told them to move off, which was done. The next thing I saw was Hutt run down the slip, draw a revolver from his pocket and present it at the boat, or parties in it, calling out, at the same time, for them to bring it back. I don't recollect his exact words, but I think he said, “Bring back that boat !" S then saw Dr. Almon rush down and put his arms around Hutt's body; he said something to Hutt, but what it was I cannot tell. Whilst the Doctor had hold of Hutt, the men in the boat backed a short distance towards the slip, and then were desired to move on, which they did. I next saw Dr. Smith in the scuffle with Dr. Almon, Hutt, and Hood. I also saw Keith on the slip, but not in the scuffle. I then went on the wharf with the intention of jumping into the schooper alongside, and thence into the boat holding Wade; but the latter was too far off and I could do nothing. I saw it then pass the head of the Queen's Wharf. Wade laid down in the bottom of the boat a pair of extra boots he held in his hand and took up a couple of spare oars and helped the others in the escape. There were three pairs of paddles in all. I heard a great noise arising from people calling out, “Go on, go on !" Then I left the wharf, and coming outside saw a considerable crowd on Lower Water-street gathered around Dr. Almon and Hutt.
Cross-Examination :-Dr. Almon—I have stated everything as far as my memory serves me. I am positive there were three pairs of paddles in the boat that took off Wade. I am as confident of that as of any other statement that I have made.
Examination of the High Sheriff.
On the 19th ultimo I received from the Government a commissiom to receive from Captain Cleary, of the United States' Navy, three men who were prisoners on board an American vessel of war, and said to be British subjects. I also received letters of instruction, naming the hour and place of landing, and desiring me, as soon as I had received the
men, to notify them that they were free. On that day about 1 o'clock, I went to the Queen's Wharf, and whilst waiting there for the boat to arrive, Hutt came up and asked me if I thought it would come, it being then past the hour named. I replied in the affirmative, and then he said, After you have done with them I have a warrant to arrest one. I observed that he had better not do anything until I had done with them,—that he had better wait a few minutes. A short time after that the boat came to the slip, and an officer stepped ashore and spoke to the Deputy Consul, Rev. Mr. Gunnison. I then made known to the officer that I was the person appointed to receive the prisoners. He thereupon directed the men to step on the slip. They were in irons. I asked to have them removed, which was done. I asked each man his name, and compared it with those on the document I held. I then said to them, “You are at liberty to go where you please,” or words to that effect. Whilst the officers were in the act of striking off the irons, I discovered a flat coming from the fish-market slip over to that of the Queen's Wharf. Immediately on the men being released I observed some commotion among the people on the slip ; some persons were in the act of urging one of the men to get into the boat referred to. At that moment Hutt came running down the slip, and a noise rose from persons calling out, some for the boat to go on, and others that it should stop. Hutt then rushed as far as he could on the slip-into the water, I think,-and a struggle occurred between himself and others standing by. He had a pistol in his hand at the time, presented at the boat, and was calling out, “ Bring back that boat.” The persons struggling with him knocked his hand up into the air, as it seemed to me. There was a good deal of noise at that time in consequence of persons calling out. The boat then pulled out and I soon lost sight of her.
Cross-examination :-To Hon. Attorney-General—There were about forty persons at first on the wharf, but at 1 o'clock several went away, and I am sure there were not more than thirty present at any time afterwards. These included Commissariat officers and other employés. I understood the sentry had directions not to allow everybody to come into the yard. It was very low water at the time. I saw nothing to lead me to believe there was any preconcerted design to aid the prisoners.
To Mr. Ritchie-I saw the pistol, after being presented, knocked up. The presentation of the pistol evidently gave rise to the scuffle. I did not see any writ. Hutt had on a light coat, buttoned up close, but I saw his number. Any one behind could not tell he was a policeman. I imagined the scuffle arose from a desire to prevent mischief arising from the pistol.
To Dr. Almon–There could not have been more than two pairs of paddles in the boat in question.
To Hon. Attorney-General-Dr. Almon, Dr. Smith, Mr. Keith, Mr. Pilsbury, Mr. Oxley, the Solicitor-General, the Provincial Secretary, and others—about a dozen, perhaps, in all—were on the slip.
To Dr. Almon—The crowd on the slip did not appear under the direction of any one.
Examination of Lieutenant Reyne. Lieutenant Reyne, 16th Regiment, was next sworn, and testified: I was in charge of the main guard on the 19th December. I was sent for by the Major-General Commanding, who told me there would be three persons landed that day from an American man-of-war that I was not to interfere with them in any way. At the same time he gave me written instructions, that I was not to allow any person to come on the Queen's Wharf unless he was respectably dressed, that I was to take care that the High Sheriff, American Vice-Consul, City authorities, and persons holding warrants got in. About half-past one, an American man-of-war boat came alongside the slip, in which were three men bandcuffed. A conversation ensued between the officer and Vice-Consul. The High Sheriff next said something to the officer, and the men were then told to come ashore. The man who escaped was the first liberated. He saw the other two liberated, and, during all this time, no attempt was made to apprehend him. Wade then walked quietly down to the water's edge, and got into a boat which was going from the market wharf into the stream. Who called the boat to the north slip I do not know. When the boat had got nine or ten yards from the slip, a civilian rushed down by the water; he had on a drab-coloured coat, and a wide-awake hat-it was impossible for any one to tell he was a policeman. When he got down to the water's edge, he called out, “ Bring back that boat!” At the same time, he drew a pistol from his person, and pointed it at the men in the boat, when a civilian, whom I did not know at the time, threw up the arm holding the pistol. A slight scuffle immediately ensued. The pistol was then pointed in the face of the person who was interfering with the supposed policeman—the latter holding it over his shoulder. Then Dr. Smith ran down and seized the right arm of the supposed policeman; the boatmen were, at this time, hesitating whether to come back or go on. I was then told by Captain Clark, Aide-de-camp,
to go and fetch my guard down. I did so, but found it was not wanted. The boat was then nowhere to be seen.
**** Cross-examination : Hon. Attorney-General—I refused to let in a good many persons upon the wharf, not more than thirty civilians were present; about fourteen were on the slip; they included the Sheriff, Captain Clark, the Solicitor-General, Myers, Gray, &c. No disorderly conduct was displayed. There was no appearance of a preconcerted design to interfere with the arrest. The boat appeared to be going down the harbour before it was called.
To Mr. Ritchie I thought the person who interfered with the supposed policeman would have been shot, if it had not been for Dr. Smith. I was surprised the pistol did not go off during the scuffle. I saw no sign of a warrant in Hutt's possession; neither did I know that he had one.
Examination of W. Myers Gray.
W. Myers Gray was sworn and testified :--I was on the Queen's Wharf on thc 19th instant. I saw a boat come to the slip, having on board three men in handcuffs. I walked up to the top of the slip to where Mr. Reyne was standing; as also, Hutt and another policeman. The officer came on shore and was met by the Rev. Mr. Gunnison. The Sheriff, Dr. Tupper, and Mr. Henry (Solicitor-General), were standing below me on the slip at the time. I believe Mr. Gunnison introduced the officer to the Sheriff, who produced some papers. Several persons then moved down the slip to where the Sheriff was standing, and Captain Clark, Aide-de-camp, suggested to Mr. Reyne the propriety of telling the sentry to keep the people back. About this time, the prisoners landed on the slip. I went around the head of the slip, and down the side of the wharf, as I could not see very well in my previous position. I saw the handcuffs taken off, and heard the Sheriff tell the men, “You are free.” There was a boat, about this time, going out towards the harbour from the fish-market slip, two men in her. I heard some one call out as the officer was going down to his own boat, “ Look here, I wish to speak to you," and the American officer turned round, thinking, as I did too, that he was the person addressed. I saw a gentleman pass the officer and hail the boat that was going out. It came in, then, and backed up to the slip. The person just referred to went down and spoke to the men in it; the American boat was then pushed off, and whilst watching her, I lost what immediately transpired. The next thing I saw was one of the prisoners holding a pair of extra boots in his hand, and stepping into the boat. It had pushed off, and was about twenty or thirty feet from the slip, when I saw Hutt running down, his left hand being apparently under his coat. He called out, “Bring back that boat.” I then heard some one say, “Go on, my man.” The policeman presented a pistol at the boat, and some one then struck up his arm. He immediately threw his arm over his shoulder, as if intending to fire at the person behind him. I saw another person come down and catch hold of Hutt's hand. The pistol was pointing in every direction during the struggle it looked very nasty in my own face at one time. I then went to the head of the wharf, and found the boat was going down the harbour.
Cross-examination :--Hon. Attorney-General--I don't think there were more than thirty or forty persons on the wharf, including Commissariat officers. The class of persons present were highly respectable. There was no sign whatever of disorderly conduct. The only trouble was the scuffle arising from the presentation of the pistol. I do not think there was any premeditated design to prevent the arrest.
To Mr. Ritchie-The boat was going out of the dock when she was hailed. I did not know there was any warrant; Hutt did not give any indication that he had one. It was impossible to tell, from looking at him, that he was a policeman.
Conclusion of Proceedings.
In reply to his Worship, the Hon. Attorney-General said he had no further evidence to offer. The Mayor then asked the accused if they had any statement to make, and added that they were not obliged to say anything ; that whatever they did say would be taken down in writing, and might be used against them at their trial.
Mr. Ritchie asked if the proceedings were to be conducted to a termination before his Worship. The Mayor replied that he was not now trying the case. This was an indictable offence, and the present investigation was merely preliminary. Mr. Ritchie contended that the Mayor had full authority for trying the case finally.
The Mayor.--I don't consider we have been trying the case at all. The summons was issued by me as a Justice of the Peace, not as a Police Magistrate, and I have been conducting the proceedings in accordance with the Act that regulates the duty of Justices in