The Father of British Canada: a Chronicle of Carleton by William (William Charles Henry) Wood
page 35 of 173 (20%)
page 35 of 173 (20%)
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gaol. Walker objected to bail on the plea that his life
would be in danger if they were allowed at large. He also sought to postpone the trial in order to punish the accused as much as possible, guilty or innocent. But William Hey, the chief justice, an able and upright man, would consent to postponement only on condition that bail should be allowed; so the trial proceeded. When the grand jury threw out the case against one of the prisoners Walker let loose such a flood of virulent abuse that moderate men were turned against him. In the end all the accused were honourably acquitted, while McGovoch, who was proved to have been a false witness from the first, was convicted of perjury. Carleton remained absolutely impartial all through, and even dismissed Colonel Irving and another member of the Council for heading a petition on behalf of the military prisoners. The Walker affair was an instance of a bad case in which the law at last worked well. But there were many others in which it did not. What with the _Coutume de Paris_, which is still quoted in the province of Quebec; the other complexities of the old French law; the doubtful meanings drawn from the capitulation, the treaty, the proclamation, and the various ordinances; the instinctive opposition between the French Canadians and the English-speaking civilians; and, finally, what with the portents of subversive change that were already beginning to overshadow all America,--what with all this and more, Carleton found himself faced with a problem which no man could have solved to the satisfaction of every one |
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