—

it

ees

on ETRE lence, Ne ate So

: ibe

lite

aR, oats eR

THE EXAMINER.

SUPREME COURT. | THE QUEEN vs. THE HON. GEORGE COLES AND| ; OTHERS.

TRIAL CONCLUDED

THE HON. CHARLES YOUNG, Queen’s Counsel | ‘who had received a licence from the Lieutenant Gover- nor to act for the Traversers in this case)—then rose and My it please Your Lordship, and Gentlemen of the Jury, I appear as Counsel for the Hon. G. Coles, the Hon. W. Swabey, Edward Whelan, Esq., Mr. Walsh, and Mr. McMullen. Ina case of so much excitement as this it well becomes you to remember the solemn obligation of the oath that you have taken, and to divest your minds of all that you might have heard elsewhere. The duty of Jurors is most important, and I niust urge you to fulfil it, in its strictest sense. That duty will, in this case, be most easily performed; as I trust I will convince you before I have concluded, that the Crown Officers have signally failed in establishing a case against the Traversers. We all know where political bias would lead the mind when it is uncontrolled; but now, that you are solemnly sworn to give a verdict ac- cording to the evidence, I feel satisfied, that you will acquit your consciences, and do justice to my clients. This | firmly believe, because I am personally acquaint- ed with the most, if not all of you. It is justice that I require from your hands this day, and justice and right demand from you a verdict of acquittal. [wish you, gentlemen, to give sucha verdict as will satisfy your own minds, and enable you to look back with pleasure upon the part that you have been called upon to take in this extraordinary transaction—in this uncommon and singular prosecution. from the evidence that has been adduced, even on the part of the Crown, I would with confidence ask your verdict in favour of my clients ; but when you shall hear the testimony that shall this day be brought forward in the defence, | feel convinced that you will not have the shadow of the shade ofa doubt in acquitting my clients. [ will not for one mo- ment presume, that the flimsy evidence brought here against the Traversers will induce you to convict them. [ coincide with my learned friend, Mr. Lawson, in most of the statements that he has made, when addressing you, and [ would ask you to give them all the consider- ation that they justly merit. Now, let us for a moment inquire into the object of this Prosecution. I believe it has been instituted principally to crush Mr. Coles, and to crush him for what? Because he has had the courage and the hardihood to expose certain abuses that existed in the Government of this Colony! How great would be the rejoicing of a certain clique, if they could not! only crush him, but also drive him from the community ! But they will not—they cannot succeed, as your verdict this day will assuredly unfold to them. Even were it possible that you did convict them of this alleged Riot, still my hon. friend Mr. Coles, and my hon. and gallant friend Capt. Swabey, and the other Traversers would re- tire from this Court with their fair fame untarnished, and their reputation unspotted. No guilt of an intention to commit a breach of the peace could be personally attach- ed to them, and each will continue to hold his station in society, just the same as if this Prosecution had never taken place. My learned friend, the Solicitor General,

‘for such a purpose? None! It has hitherto been the ‘custom in this Island to chair the successful Candidate,

imarks of rejoicing—such as the playing of music, the

a

they help being present, I would ask? Was not Mr.'the kind—except ofthe foolish alarm of two or three

Coles the successful Candidate? And did not his f ee assemble for the purpose of doing him honor? Is there

any law to prevent Her Majesty’s subjects from meeting

and the chairing has always been attended with those

waving of banners and flags, the firing of guns or pistols, and the deafening cheers of the assembled multitude. All this is innocent in itself. But should the crowd go further, and by a premeditated plan, or preconcerted scheme, injure the property of their opponent, assault their persons, and excite terror and alarm throughout the community, they would then bring themselves within the pale of the law, and would deservedly be punished. No evidence of this kind, however, has been adduced, nor can be adduced against my clients, to shew that there was any preconcerted plan to commit a breach of the peace against any party, to asseult any person, or to In- jure the property of any individual. ‘The only assault that has been proved, and the only blood that has been spilt, is the slight scratch given to a fair lady’s delicate hand. And this, not even alleged to have been done by any of the Traversers. Where, then, is the terror and alarm, as alleged by this Indictment? My defence will not be as the learned Solicitor General asserts, that it is a mere election affair; but it will be onthe broad ground, that there was no RioT committed, no AFFRAY took place, and no assauxt perpetrated by my clients, even in the strictest and most comprehensive sense of these legal terms. Let us look at the facts, and apply the law to them, and them tothe law. [Here the learned Counsel entered at great length into the facts, and lucidly commented upon the law in relation to them —as laid down in Chitty, Russell, Roscoe and others. He then commented upon the evidence of Mr. Theophi- lus Chappell, the only Witness who attempted to prove premeditation.}] And, continued the learned Counsel, how feeble is his testimony to prove preconcert. His own acts shewed that he did not believe it. Letusturn to his evidence and to his actions. He says that from a conversation he had held with Matthew May two days previously, he believed his house would be assaulted. Mark! he does not attempt to connect May with any of the T'raversers. Now, are his actions such as would prove that he was alarmed? ‘The moment he hears the sound of music floating upon the evening breeze, he calls the females in the house to witness the joyous scene. They all repair to the front windows, and there look out at the procession as it passes along the street.

So soon as it has disappeared, he hastened to put on his

nervous women. So that the learned Sol, Genera}’s grand flourish of trumpets dwindles down,by his own evi- dence, into a tiny and very feeble note. The Traverserg are all exceedingly sorry that any damage, however trifling, should have been committed, and we wil] bri witnesses who will clearly prove that they endeavuured to prevent it, and to discover the perpetrators, learned friend, the Sol. General, then proceeds to indj- vidualise the Traversers, and he says, that Mr. Co] from his position, must have had the power to stop these violent proceedings, and that Captain Swabey, asa Me- gistrate, should have interfered. Let us again look at the facts. [Here the learned gentleman describeg mj- nutely, the order of procession, the manner in which jt was conducted, the triumphal Car drawn by men, con. tinually moving in the darkness of the night, the Tra. versers not knowing that a pane of glass was broken until they heard McGill’s, that they then remo

that persons in the crowd cried “it is not your party, Mr. Coles, it is done by others to bring disgrace u you ;” that Mr. Coles exerted himself to preserve order, that Captain Swabey cried out, ‘shame! shame ! !"—-that the other Traversers manifested their disapprobation, that the crowd were displeased and tried to discover the delinquents, and that no second assault was made upon any house, that Mr. Coles endeavoured to induce his friends to take him home, and that he was over-ruled.] And, continued Mr. Young, they held Mr. Coles in such admiration, that they could not bring their minds to part with him—fulfiling the language of the poet, when he exclaimed—

“When kindred minds do meet, How fast the hours fly on apace, And rush into oblivion—ne’er to be recalled, But e’er te be remembered.”

I would here call your attention to one circumstance: Some of the witnesses who are now politically opposed to Mr. Coles, have testified that in his former election, they were his warm supporters. Why this change in their opinion! From whence does it proceed? Is it because Mr. Coles has become a friend to the people, and has put himself in opposition to a party who have carried on the Government of this Island for their own aggrandisement, and not for the benefit of the country ? This is merely another instance of the evanescence of popular favor. A man may be on the imountain-top to- day applauded and beloved ; and to-morrow may be in the valley, despised and disliked. Such is man, ever changeable as the wind, and no reliance can ever be placed upon him.

clothes, and runs up towards Mr. Coles’ residence—the; That as to his gallant friend Capt. Swabey, he had

very scene of action. Is this the conduct of a man ter-/ Maintained too high a character in fighting for his coun- rified and alarmed? Mrs. Reid, his sister, who lives in try during the Peninsular war; in conducting himse]f as the house with him, has testified, that although he told/4n active Magistrate in this community, and as a private

has exercised great candor, and I willingly give him credit for it, and freely admit that I expected nothing less from him. He stated to you that this was a re-| markable case—remarkable! from the high neg and respectability of the parties arraigned. It is remark-| able indeed! And a case which shall be known only to’ have been prosecuted in the Courts of Prince Edward | Island. Such a case, so trifling in its character, so) flimsy in its nature, I will venture to say, has never been’ brought before any of Her Majesty’s Courts either in| Great Britain or in any other of Her Majesty’s Colonies. | Such a case will only be found to have been tried in the’ Records of the Supreme Court of Prince Edward Island. But [ blame not the Crown Officers—they are only’ acting in the discharge of their duty. I blame a body | of men who dared, on such flimsy evidence as has been adduced, to place the Traversers on their trial for such | a grave and serious charge as that for which they stand indicted. Enough of this, however, for the present. | These matters will, probably, be mooted and ainply dis-| cussed in another place, where a remedy can only be! applied. When we read of Elections taking place in| England, far more serious disturbances are there depict-| ed than can be pretended to have occurred here. Brick- | bat after brick-bat has been hurled, broken head after.

them the same day, what May had said, yet on the day of the procession, he had never mentioned the subject, nor expressed any apprehension. How different his conduct would have been had he thought his house would have been assau!ted, or that there was a precon- certed plan to commit a riot that evening? He would have kept the females in the back part of the house, he would have shewn no light in the front, and he would have remained quietly in his house, where he would have been safe ifa riot had been determined on. It is not by such paltry and unsupported testimony as this that my clients will be convicted by you of an intention to commit a riot. My Jearned friend, the Solicitor General, then gravely stated that if persons, however exalted their station, or however respectable their characters, allowed their feelings to get the better of their judgment. and to cause them to doan unlawful act, they should be punished. This is a doctrine to which [ most willingly subscribe, as the laws of the British Empire are impartial in their nature. They are for all conditions of men— they have been framed for the guidance of the rich as well as the {poor, and all are bound to obey them—from the Queen in Her Royal Palace, to the Peasant in his lowly cottage. This is one of the brightest glories of the British Empire, and never may it become dimmed ! The learned Solicitor General had thus far in his open- ing, treated the case with candor and moderation. He then indulged in one of those bursts of eloquence for which he is celebrated, and gave such a vivid, graphic and awful description of the violence that had been com- tmited by my clients, that if it had been so proven, we tight have thrown up our briefs, and thrown our clients into your arms, pleading mercy for them. He descanted upon breaking windows, as if scarcely a house in the town had been left with a whole pane of glass. House

broken head has taken place, window after window has after house, he said, was assaulted, window after window

been smashed, and yet you might search column after

column of the Newspapers in vain for the trial of the of stones wero thrown, and persons were

parties. With the Election, all has passed away. But. remember, I do not stand here to advocate violence—-. no! I deprecate such proceedings, and if] thought that,

these T'raversers were really guilty of riot, disturbance.

j

and tumult, I would be the last Member of this Bar to

advocate their cause. I think, however, you will find|

that they did all in their power to prevent injury, and to’ preserve the peace, and I believe that the parties who! instigated these proceedings against my clients, will find| themselves disappointed by the result of this trial. The! learned Solicitor General wonders that the Traversers, should have mixed themselves up in such an affair as this—that they had not a greater regard for their own | characters, than to be found thus associated. How could.

was broken. Doors, he said, were smashed in, showers put in great

bodily fear—and all in the dead stillness ofnight. Now

facts are stubborn things, and let us examine into them as proved. First as to the windows—three panes of glass were broken at Chappell’s, one pane, and two dis- figured at Duncan’s, one pane at my friend Mr. Welsh’s, one pane at my valiant friend, Mr. Davis’, and three panes at McGill’s—in all, nine panes of glass broken, and two disfigured. As to doors being smashed in, this is merely an imaginative touch of the learned Solicitor General, as no evidence has been brought to prove it. As to showers of stones heing thrown, only one witness proved to a volley, and on cross-examination, the volle dwindled down to five or six; and as to persons being put in bodily fear, there was no evidence of anything of

gentleman since he entered it, to have it sullied by such trifling testimony as has been adduced against him. The learned Solicitor General even admits that his feel- ings would revolt at being a participator in such tumul- tuous proceedings. And no single act of violence nor of assault can be brought against any of the other Tra- versers. ‘The insignificant party that opposes Mr. Coles may try and try in vain to stain his reputation, and to brand him as a rioter. Had they succeeded in the elec- tion, and had Mr. Mccallum been chaired, and had the houses of Mr. Coles, Captain Swabey or that of the Examiner been assaulted, there would have been no prosecution against them instituted—no, Mr. Coles and his party would despise such a measure. They consider these to be the acts of little minds, and worthy of the contempt of upright persons. I feel that my clients have an honest Jury to try their cause, and it is with a firm reliance that we will expect you to give us justice. 'The great mass of the community are looking with anxiety for the result of this day’s proceedings, and public opi- nion is excited, as this crowded Court House weil test- fies. But you are not to be bound by public opinion— you are to go by the evidence, and I can with confidence ask you for a verdict of “ Not Guilty” for each and all of my clients.

[Here the learned Counsel entered at large into the evidence that would be brought for the defence, and said that Mr. Mooney would address them on his own behalf, and he hoped they would hear him patiently, and give his statements that consideration that they deserved. He then wound up his address, which was nearly two hours in length, by an appeal to them on behalf of his clients, which appeal was not made in vain, as the verdict fully testifies. |

R. MOONEY, ESQ. next rose and spoke to the following effect:—May it please your Lordship and Gentlemen of the Jury—My innocence of the crime of which I am accused is so clear, according to the dic- tates of my conscience, that I felt it unnecessary to em- ploy counsel to conduct my defence. I am now, gentle- men, more than forty years of age, and I can honestly boast that during the whole of that time I have never been obliged to appeal] to a Jury for a vindication of my character. Peace has been my motto, and peace my practice through life. Too early and too deeply I imbibed the principle, to forget or disregard it now—a principle alike applicable to politics as to morals, name- ly, that he who commits a crime gives strength to his enemies. I have always not only been peaceably dis-

Y |} posed myself, but I have upon all occasions used my utmost endeavours to prevent a disturbance of the peace by others; and this prosecution is the reward that is

; 7 - gewite danas