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time, as his Excellency could entertain no objection, so far as he is concerned, to give publicity to the contents of the papers in question, and as it would be a somewhat harsh and unusual measure to refuse to persous accused of crime, materials which, with however little reason, they may consider as essential to their defence, his Excellency was of opinion that on the whole it would not be improper for him to comply with your wishes. Previously to doing so, however, he thought it right to inquire whether any objection to this course would be made by the authorities of the United States, in order that, should such objections exist, he might weigh their force and validity before arriving ai a final decision. The answer of the United States' Consul at St. John to this interrogation was received yesterday, and his Excellency now directs me to transmit to you certified copies of the papers for which you have applied.
In doing so I am again instructed to repeat that his Excellency cannot admit of any doubt being cast upon his discretionary power to grant or to withhold, as he may deem proper, documents of the character now under consideration, nor allow to pass unquestioned a claim, the admission of which might, in his opinion, be fraught with inconvenience and possible danger to the public interests.
I have, &c. (Signed; S. L. TILLEY.
The Duke of Newcastle to Lieutenant-Governor Gordon.
Downing Street, February 17, 1864. WITH reference to your despatch of the 18th of January last, I have the honour to acquaint you that Her Majesty's Government consider that you exercised a wise discretion in allowing the accused persons in the case of the steamer “ Chesapeake" copies of the requisition and warrant to which you refer.
I have, &c. . (Signed) NEWCASTLE.
Government House, Halifax, Nova Scotia, January 21, 1864. I HAVE the honour to inform you that on Mondav the 11th instant an examination was held before his worship the Mayor of this city, into the charges against Drs. Almon and Smith and Mr. Keith, who were accused of having prevented the arrest of Wade by the police authorities, after his tradition by an American man-of-war.
As many misrepresentations on this subject have appeared in portions of the American Press, which are calculated, if uncontradicted, to produce some bad feeling towards this province on the part of the American public, I considered it my duty to direct the Attorney-General to attend and watch the proceedings of this examination, and also caused a reliable shorthand writer to be present by whom the evidence of the different witnesses on that occasion was carefully reported.
I have now the honour to transmit to your Lordsbip a copy of the Report of the Attorney-General, and also copies of the Phonographic Report of Mr. Bourinot, the shorthand writer above referred to.
* I have lost no time in transmitting these Reports to Lord Lyons, and herewith inclose to your Grace a copy of the covering despatch which I addressed to his Lordship on that occasion.
I have, &c. (Signed) HASTINGS DOYLE.
Inclosure 1 in No. 20.
Halifax, January 13, 1864. HAVING attended throughout the examination of the witnesses on the part of the Crown against Drs. Almon and Smith, and Mr. Keith, charged with having obstructed
the Extradition Treaty with the United States and the Act of Parliament for carrying it into effect, I am enabled to comply with the desire your Honour conveyed to me to furnish you with a summary of the result of the evidence.
The examinations occupied from 12 until half-past 7 o'clock. The witnesses examined for the prosecution were the City Marshal and three policemen ; the Sheriff of the County ; Lieutenant Reyne, of the 16th Regiment; and Myers Grey, Esq., a barrister of this city. The witnesses were examined on the part of the defendants, the proccedings in that respect Feing ex parte. The general result of the testimony was more certain and clear as to the leading facts than usual in cases of such a nature, and concerning these, as far this examination exhibits them, there cannot reasonably be mistake or apprehension, : Your order that no large or indiscriminate crowd should be admitted within the gates of the Queen's Wharf on the occasion in question was strictly carried out by Lieutenant Reyne, the officer in charge of the guard ; and the perspicuity of this officer's testimony made it manifest that he had been a careful observer of all that passed.
With the exception of the acting policeman, whose natural excitement on such an occasion may account for some exaggerations, the witnesses variously stated about thirty, forty, and fifty, as forming the whole number assembled, including persons in the Commissariat employment and in other public services.
. Of this assemblage, there appears to have been probably about eighteen on the slip when the men were landed, and it was here that the transactions took place. The rest seem to have been dispersed about the wharf and open space at its head, which together form an area, as you are aware, of no inconsiderable extent.
On the slip were the United States' naval officer, the High Sheriff of the county of Halifax, your aide-de-camp Captain Clerke, the Provincial Secretary, the Acting American Consul, Lieutenant Reyne, and some other officials, together with three or four policemen, so that the number of unofficial civilians on this spot was very trifling. .
The three men to be given up were landed in irons. This was a cause of just offence to the public; it was an unnecessary continuance and exhibition of the force which the rendition of the men acknowledged to have been illegal; and to the men, especially to the two citizens against whom no complaint existed, and who had suffered already over two days of rigorous confinement in irons, it was a needless prolongation of the wrong and indignity under which they had suffered.
This circumstance had excited a good deal of indignation in the city when it came to be known, but the evidence did not show that in the first instance, among the bystanders on the occasion, any ebullition of feeling from this or any other cause was made apparent.
The Sheriff, before he accepted the transfer of the men, required the removal of the handcuffs; these were taken off by the American officer on the slip. Wade was the first released, and remained standing beside his fellow-prisoners while their irons were being taken off. The Sheriff then informed the three men that they were free.
; About this time a boat with two men was proceeding from the dock of the fishmarket, the next adjoining to the North Dock of the Queen's Wharf, rowing, as was stated by some of the witnesses, and not contradicted by any, towards the stream in the direction that would lead the fisherman homeward. Dr. Almon stepped to the edge of the slip and hailed this boat, beckoning to the men to come in; they did not hear or did not heed the first call, but in compliance with a second, changed their course and pulled into the slip, when. Dr. Almon told Wade, who still stood unmolested on the slip, to get into the boat; he did so without any obstruction from any one, and the fisherman pushed off. The boat with Wade and the two fishermen on board had proceeded a short distance from the slip, when the policeman Hutt, to whom the warrant had been entrusted, rushed down to the water's edge, called aloud to bring back the boat and presented a pistol towards the men in the boat, threatening to fire if they did not return. He said he used the Queen's name and intimated that he held a warrant, but the other testimony did not corroborate this statement.
It is not clear whether or not Dr. Almon offered any obstruction, passive or direct, to Hutt as he rushed down the slip. It seems probable that he then called to the boatmen to push on, but it is certain that when the pistol was presented he interfered. Some of the witnesses say he threw up the constable's hand in which he held the pistol, others that he pulled it down; a struggle however immediately followed, in which Dr. Almon was in actual, or in the view of the spectators in apparent, danger from the direction of the pistot in the constable's hand. At this stage Dr. Smith interfered, seized the policeman's arm, and endeavoured to wrest the pistol from him or avert its aim from Dr. Almon, and Mr. Keith's interference followed with the same object, .
Meanwhile the fishermen who had paused and backed a little at the policeman's command and threat, were urged by Dr. Almon to proceed, which, after some hesitation, they did ; and before the other policemen could reach them they had rounded the wharf, and being skilful and vigorous oarsmen were quickly hid from sight by the wharves and vessels, and no doubt were soon beyond the city limits and the authority of the Mayor's warrant and the policemen's authority.
There was nothing in the evidence to indicale concert between the fishermen and Dr. Almon, and nothing to raise the suspicion of concert between him and Dr. Smith or Mr. Keith or any other of the bystanders. Beyond a cheer from the end of the wharf at the boat was moving past, and contradictory cries to the boat, while hesitating near the slip some to go on and others not to go on-there was no interference, except by the three persons accused, and of two of them, Dr. Smith and Mr. Keith, taking the evidence of most reliable witnesses, their interference was limited to the rescuing of Dr. Almon froni apparent imminent danger, in which he was placed, from the pistol of the constable. Other questions arose, as whether the Policeman Hutt could be known by any distinguishing badges. He had not on the usual hat or cap, and his uniform coat was concealed by an overcoat buttoned to the throat, leaving no insignia of office apparent beyond a button or two of the collar in front, but to a person not immediately in front of him, or at any distance, or not observing closely, he would not have been recognised as a constable. Again, the policeman swore he held the warrant in his left hand all the time, but no other witness testified to seeing it, and that was easily accounted for, because he showed how he held it; that is to say, doubled, and with his hand closed over it. These might bave been important inquiries as regards the constable had any man in the boat been shot; as regards Dr. Almon, they were not important, as he knew Hutt's official character, and had seen the warrant.
The delay in arresting Wade the moment he was released was accounted for by the Sheriff's having told Hutt, when he informed him he had a warrant, not to interfere till bis (the Sheriff's) duty had been completed, and to give a little interval. On the whole of the evidence it seemed that the policemen were secure of the arrest, as Wade should come up the slip, and were surprised and thrown off their guard by his retreat in the opposite direction, and as far as could be discovered from the evidence, his escape resulted from means that casually offered at an opportune moment. .
Unquestionably the evidence afforded no ground for reports freely circulated that implicated the citizens at large, or any great number of them, in the prevention of Wade's arrest at the time in question, or that gave to the transaction the character of a general or overpowering riot.
No arrest having been made the case fell short of one of rescue, and the charge is confined to the obstruction of a police-officer in the discharge of his duty, and the aiding of one accused of a high criminal offence to escape from justice. Dr. Almon, after some extended remarks, pleaded not guilty, and relieved the parties charged with him from any complicity with his act. Dr. Smith stated that he went to the wharf purely from curiosity, and had only interfered when he believed his interference necessary to avert bloodshed. Mr. Keith's statement was to similar effect.
They are under recognizance with sureties to appear at the Supreme Court at its next sitting in April, and the witnesses are or will immediately be under recognizances to appear to give evidence.
I am, &c. (Signed) J. W. JOHNSTON.
Inclosure 2 in No. 20.
Major-General Doyle to Lord Lyons.
Government House, Halifax, Nova Scotia, January 20, 1864. IN consequence of the gross misrepresentations which have appeared in some of the American newspapers relative to what is termed by them “ the rescue of Wade by a Halifax mob,” and which appears to have caused so much bad feeling on the part of the American public towards this Province, I considered it my duty to desire the Attorney.. General to attend and watch the proceedings of the examination which took place a few days ago in the Mayor's Court, relative to the escape of Wade, and also caused a reliable shorthand writer to note the evidence given by the several witnesses. I have now the honour to transmit for your Lordship’s information a copy of the report which has reached me from the Attorney-General, and also copies of the phonographic report, by Mr. J. C.
Bourinot, the shorthand writer above referred to, by both of which documents your Lordship will perceive that the circumstances detailed in the Report of Lieutenant Reyne, the officer of the guard at Queen's Wharf on the occasion of the escape of Wade, which I had the honour to transmit to you with my journal of the 23rd ultimo, and which formed one of the inclosures, have been fully substantiated, and it has been clearly proved throughout, that instead of Wade having been rescued by a mob there were not in all forty persons on the Queen's Wharf, which is a large one, the civilians among them all of respectable position.
It is also clearly shown that no rescue ever took place, although there is no doubt the arrest of Wade was obstructed by Dr. Almon, Dr. Smith, and Mr. Keith; the first-named having called a boat which was proceeding in the stream, into which Wade jumped, and by which means heescaped. The two latter gentlemen appear to have been but slightly implicated, as they do not seem to have taken any part in the matter until after the struggle between. Dr. Almon and the constable, who was presenting the pistol at the boat, had commenced. It will also be observed that not a shadow of evidence proves that there was any concert or premeditation to obstruct the arrest of Wade.
The concluding paragraph of the printed evidence will show that Messrs. Almon, Keith, and Smith, have entered into a joint bond for 2001. each, with two securities in 1001. each for their appearance at the Supreme Court in April next.
This examination having been taken on oath will, I trust, prove to your Lordship and the American Government how grossly the real facts have been misrepresented by the generality of the American Press, and that I have done all in my power to vindicate the law. by taking the necessary steps to punish the alleged offenders of it.
I have, &c. (Sgned) HASTINGS DOYLE.
Inclosure 3 in No. 20.
THE WADE CASE
interfering with the Police in the discharge of their duty.
[Phonographic Report by J. G. Bourinot.] ON Monday, the 11th of January, Dr. Almon, Dr. Smith, and Mr. Alexander Keith, Jun., appeared before the Mayor to answer the charge of interfering with the police in the discharge of their duty on the 19th ultimo, on the Queen's Wharf in this city...,
His Worship the Mayor presided. Alderman Roche, being the police magistrate for the week, was on the Bench. The Hon. Attorney-General was also present to oversee proceedings. J. W. Ritchie, Esq., Q.C., appeared on behalf of the accused.
In the commencement of the proceedings, his Worship stated that it was not usual to conduct such examinations in open Court. He did so in the present instance because he conceived the ends of justice would not suffer; but he wished it to be understood that this must not be drawn into a precedent. The examination of witnesses was then proceeded with.
Evidence of Policeman Hutt.
I am a policeman in the city of Halifax. On the 19th of December last, about twenty minutes to 1 o'clock, I had a warrant placed in my hands for the apprehension of George Wade. It was a general warrant, and comprised some fourteen names. I saw the Sheriff of the County, Mr. Sawyer, shortly after on the Queen's Wharf, and I told him that I had a warrant to arrest Wade. He told me not to be too quick, but to give the man two or three minutes. I met Dr. Almon before Wade was released, and he asked me what I was doing there. I made answer that I wanted to arrest Wade. He asked me if I had a warrant, and I replied I had. He inquired whose name was on it, and wished to see it. I took the warrant from my pocket, and showed him the signature. He looked at it an instant, and then said, “It is the Mayor's signature; it is a shame.” Some time after this the man Wade came ashore—the exact time I cannot tell. He came in an American boat and landed on the slip, about twenty feet from the capstan of the wharf, near the water's edge. He was then in irons, in charge of the officer of an American nan-of-war. There were two others, also in irons, in the same boat. All three were landed on the
slip, and I walked down a few steps to see which was Wade, for I did not know him. The slip is sixteen or fourteen feet wide, and will hold a good many people. I walked down and beard the Sheriff call out the name of “ George Wade." I then stepped back a few feet to receive the man when he was released, thinking he would come up the slip. I wished to let him come up a few steps without trying to arrest him. I think the Sheriff had a list of names in his hand ; his object in calling them out was to release them; I don't, however, know what he said to them. I then heard some one call out, “What man is that going into the boat?” I ran down the slip, and got through the crowd, which was considerable, as far as the water's edge, and saw Wade in a boat pulled by Gallagher and Holland, the aquatic champions. I had the warrant at this time in my left hand. I called out to the men in the boat to come back in the Queen's name. I called Gallagher by name. I was dressed as I am now, the buttons of my uniform showing above my overcoat in front. When I first called out I had nothing in my right hand. The crowd the while was singing out for the boat to go on. I put the warrant in my pocket, unbuttoned my coat, and drew a revolver which I had in a belt around my waist, Sometimes, as a policeman, I wear firearms.
alderman Roche observed—I am a magistrate, but I was not aware that the police usually go armed.
Witness continued–The revolver which I drew from its leather case was loaded with powder and bullet. S am sure I loaded it myself. I presented it at the boat. I told Gallagher if he did not come back I would fire at him. I do not know whether it was his boat or not not, but he was pulling. They next backed the boat to me on the slip. Dr. Almon then seized hold of me by the arm. Mr. Keith also took hold of me and tried to screw the pistol out of my hand. I bent downwards, trying to wrest the pistol from Dr. Almon and Mr. Keith, and when I rose up I found Dr. Smith had also hold of me. During the time they held me the crowd was huzzaing. It was not then my intention to fire. During the whole affair my overcoat was open, and they must have known that I was a policeman. Dr. Almon is gentleman enough not to deny that he knew I was. They held me perhaps five minutes altogether; I cannot tell the exact time. When I succeeded in looking up I could not see the boat. It had managed to get off. I then came up the wharf and went to the police office.
Cross-examination : Dr. Almon then examined the witness.
Q. Under whose directions where you at the Queen's wharf ?- A. Under the Marshal's.
Q. You had no conversation whatever with the Consul (Mr. Gnnnison) on the wharf. -A. None whatever.
Q. Was it Mr. Gunnison that exclaimed, “That's Wade getting into the boat ?”— A. I cannot say.
Q. How long were you to refrain from arresting him when released ?-A. The Sheriff's direction to me were, not to be in a hurry, but to give Wade two or three minutes. That will account for the man getting into the boat before I tried to arrest him.
Mr. Roche-Do you recognize Mr. Gunnison as an American Consul ?--A. I believe he was acting as Consul.
Mr. Roche-I understood he was a minister of a congregation in Halifax.
Dr. Almon continued—How far was the boat from the place where you were standing ? -A. About a boat's length.
Q. Did you see Wade get into the boat?-A. I was standing behind the crowd and could not see him.
Q. When did you take the writ out of your pocket ?-I had it in my left hand, folded up, all the time.
Q. Did anybody see it in your hand ?-A. I cannot say.
Q. What would you say if twenty or thirty persons who were present would swear you did not say so ?-A. I cannot help it.
Q. Did you notice any strangers on the wharf ? A. I spoke to one Southerner, half an hour before ; one Major Summers. I cannot say if there were any others there.
Q. On your going down on the wharf, did the sentry, not knowing you, try to stop you?- A. He did; my coat was just as it is now. He did not know I was a constable at first. I turned my front towards him, and when he saw my buttons and number he let me go on. The sentry was along the sidewalk a piece when he asked me to stop. He looked at me an instant, and then said, you can go on.
Q. Were you in fun when you presented the pistol ?-A. I was.