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The Brussels Post, 1885-4-3, Page 1ii 3fewe VOL. XII. pouaspopsterszorra Heron Spring Assizes. Thio court was opened .at Godeoioh on Monday afternoon of last week, by Chief Justice Cameron, Mr,Lount, Q,C., appear. ing for the Crown acmes. Tho grand jury were sworn in, George McKibben, of Wing - ham, being chosen foreman. His Lordohip addressed the grand jury on the classes of cases entered In the calendar, expr000ing regret' et ito length. Plis definitions of tho offences were remarkably (dear and timid. Indeed it may be said without reflection on previons judges sitting there, that no hotter address to a grand jury has over been de- livered. The lust case on the list was ono of libel, and in explaining this his Lordship took occasion to refer et some length to a recent article in the fort Rope Gnide, re - fleeting severely on hie judicial cheraeter. Tho first ensu called watt Irwiii vs. Mar- shall ET AL. An action for ncui.delivery of a quantity of barley. This rase was tried with a jury, who found that the defendants agreed as in tho pil'fs, statement of claim, and failed to tans aid pay for tho barley as Ow pill% has alleged, and they asoess the plff's damages by reason thereof at $doe, H.ie .Lordship diroctod that judgment be 01ltereet accordingly with costs• An appli- cation fur imm(,liate Execution was refusod. Court then adjourned. SECOND DAT. Court evened. at :te o'clock, pursuant to adj., i n id et. 1•.Irnat ve. Aikeuh 111 00 .u.. - 2111 action for negligence in werkiag a tln'e8hing 11111,1111w. Jury retired at 0:40 pan., and ralurn,s1 at 8:322, staling were tumble to :wise', and lilt 111, d lop ilf.cbtu•t;rd thein t ort then adjol 111 d for 112(ley. 11(111.11:. 1'Ie• (rine] jut') ed baa 11110 with toe Schee Mg bills 1 c12 vs. jelly Loon, an r1.].e true bill t�u(:en vs. 101.1. Mllory, lel 1.11 of yr, and litre prettily, o—true bill to each. 911, en vs. James Bailee latevny —true hilt. hit's, 11 ve. Junta Thema, .11itclr:ll, erim- itmllfLnl- trite bill. 1lie 0,011111 v s. .1,1121 Loran --(1 reed jury cuter hd., r, um with a true 1,111 again8t the prie,,t:et for 1np0. priaener 0.1 ruratgncd and p:radl•d eat guilty. 'I Ile Queen lb. 3I. li. 11(11nry—Pria"neC ;oat erraign1il told p. Elided nut guilty to ir.dicluent fer felony. i, . 11. Mallory (principal) end Th 0. E. ISays (.urety) en- ter, .1 ietu their cern rl.oc guimalce for 9409 ere 111het pril.nerwill appear tit the pres. rnl a:.isu aid stand his trio] upon the in- dictternt to which he heti now pleaded not guilty, and not depart the court without leev , of the court. Wright va. Jackson --action fur trespass. His Is rdehip delivered the fallowing judg- mrut :—Un the evidence it appeal to on that the road idlow lute in question was, at the time this aetlun woe brought, the pro- perty of Joseph Whitehead, which, since the ermrnenctment of this action lio ]las conveyed to the defendant Francis Mao - deltoid. I em of opinion the provision in the deed from Whitehead to the plaintiff'o father was an exoeptien of the two rods mentioned 44herein and constituting the alleged way or allowance for road, and not merely the re8ervetion of the right of way, I therefore direst the jury to 111111 1012 the plff. $1 damages, as I think the defendants Ja0116011 anti Holwee were net acting under the authority or command of anyone at 11)0 time the trespass was committed, who bud a riobt to authorize the act, anti there is no evidence of an exolueivu possession in tho plaintiff for the period of ton years, so ae 10 10\1. him a statutory title, but ho had, at tho time of the alleged trespass, the actual (1000(00101 01111 was entitled to maintain 110011,80 against wrung -doers which, 1 GUM:, the defendants an a matter of suint law, were. They were, however, acting in the et Border cf n right which the owner of the land evidently intended to give tho do. fendallt, b'ranclo Mac•d, nand, but by over- sight in making tho cenveylulce, this road allowance Ives not conveyed, and tho plain- tiff knew that they were so acting. I thick 110 ie not Entitled to costs, and 00 direct judgment to be entered for plaiutifl for the 00111 of ono dollar without costs to either party, 1(11d this judgment is net to operate as au estoppel 0f title. If I ale wrung in bolding the deed to the plff's father did not except the two rods, but only amounted to a reserve tion of a right of way, then plain- tiff would, in my judgment, bo entitled to coats, end I snake this note of that in order that tho plaintiff may have tho benefit of it, should It be hereafter found my opinion is wrong. Tho Queen vs. <'1. Dalgetty and James Johnston—The grand jury came into court with "no bill" against the poisoners for larceny. The Queen vs. 1210100 Dailey--Pri601nar WWI arraigned on incllotment for felony, and pleaded "not guilty," 101. C. Cameron, moved on affidavit to postpone the trial, and Bis Lordship ordered tho trial to be traversed to the next sittings of the court of Oyer and Terminer fur tho county, 3wwee 10tilie (the prisoner) entered with his own recogmzanoe in the sum of 91,000. Henry Martin tend Theis, McLean entered Into recognizance of 9600 each as sureties that prisoner, 33310108 Bailey, should appear at the next court of Oyer and' Terminer for this county. Queen vs. Robert. McCullough, assault on Robert Taylor. This ease lasted from 2 o'olock until 9:40 p.m., and was watched with keen interred by a largo audience. Tho defence objected to their full number of jurors. Tho Crown counsel did not sum 111) et the conclusion of the evidence, bub His Lordahlp'e charge was very full and clear. neje*, returned a verdiot of com- mon assault at 11 p.111., when the court ad- journed. On Thrsd0y aftorlra0n Elie Lord. ohip 0ontonoed the prisoner to nix months in tho County Jail with hard labor, 120naT11 0AT, Court opened at the usual hour, the first case being The Queen 00. John Logan, rape. Prioon. or was not represented by counsel, and an 4 Pos'r. BRUSSELS, ONTARIO, FRIDAY, APRIL 3, 1886. application for a postponement until next assizes was refused by the 00111.1, 1118 Lord- ship holding the statements not sufiloiout to justify delay. The evidence was suffloi- 0nt to load the jury to return a verdiot of guilty in ab01111tteon 111illat06 after they bad retired, although the judgo'o charge might be said to lean somewhat in the prisoner's favor, Prisoner wee sentenced to seven years in the Penitentiary. The Ca00 of Queen vs, Hunter, Hauler' and Herbert, rape, bee been postponed until the nextassizes, owing to tho absence of tho girl upon whom the offence was com- mitted, Herbert hag been admitted to bail, A0 order hos been granted for hail an to Soules. Hunter remains in custody. 11, B, Mallory wart placed in the Book charged tvitn serving a document to enforce payment of a store debt, which purported to be a Division Court anmm0h18, which in fact it was 1101. ilia Lordship discharged the. 00x0 011 the ground that the document did not purport to be a process of Court, John 'P. Mitchell pleaded not guilty on the charge of criminal libel, but subse- quently withdraw that plea and pleaded guilty, the case having been virtually settled between the parties interosted. Ilia Lord- el,ip imposed a1 nominal fine of 96, and 1llitebell mu; discharged. 1lclnir vs, Wade --a se,lnction suit—wa( tried last fall, when the jury disagreed. It 01(e then tried without a jury, and the Judge enter,d t1 toreliet for 9100, which was eub001111entlytut aide. The jury at the p,0sent trial returned a verdict for plaintiff for 9100. The ease of Pollard 0s. Duman was tried on Friday. It was an action to recover damages by reason of negligence of defend- r111i 111 driving t .a it (d horses that wore , f u rlutaway ch tract r fr1011 the common Lit, by rcar:m of 0111011 the plaintiff alleges; they hemline unnwnageable, and ran away, The plaintiff wt 1 0111 ad of thein on the rend, riding nu 111)11'of Iteb-sleighs. The defendant's teem vertoelc 11iu1, end a mash 1:]l ensted, vomiting in injury to pleintlfl personally, al -a Lr :Elting one of pLuutalt'a horseslege, for w'lll(11 reason it was aftc:rw,tds 01211, '1 'do jury, after short con0ideration,returned a voral etfor plain- tiff for $71t. Yum1g vs, liegau ET .AL.—Foreclosure— Nen-jury. .1mignient rc,.rrvoll, The fellow-iu„ case0 stluld until next As- Fizes :---110Ll,.se11 vs. Mason ; Stnpheine vs. I+ala ; 111111.11111011 va. 8eymnur, and Blonuall 11:. Carter. ( t)CV"t'1I, IIIEETIN(i. The regular meeting of the village 1i; until `vas 1141 in the Council ('hnmbcr on 1lolnlay evening. All the members present, the Reeve in the chair. "Minutes of last meeting read and passed. The following Recounts were pre- sented — E. 1.. `\-ado, Ronald's costa in last suit, 9182 66 Rowell a: Hutclliueou, account of 31+81 for blanks 1 33 Coal fur stove in engine room, .. , , 0 10 11. Brown, 3 months rent for Its. Wallace, 6 00 3 months rent for Mrs, Wllliam0,6 00 13. Garry, wood for hire, Wallace,— 3 60 Thos, Redly, postage, lmying 10. It award, 1knc. 7 60 Mrs. Stacey, charity, 4 00 Mr's. Bert, charity, 3 00 Mrs. Williams, who di01cested her arm lately, charity, 3 00 Moved by W. II. ioorr, seconded by 117, F. 'V(nst000 that the above ac - comic sconics In' paid. Carried. The clerk reported „124.60 as re- ceipts for Hall rent for the months of February 221101 Marral. 11 communi- cation was lead cuncur:ning the Land Improvement .baud settlement with Morris. Atlee elocements asked by the department were fnrwardcd to them, The It1cve presented a, statement concerning the deficiency 0f Hall rats, last year, i1( winch tbo late Clerk au knot, ledges ti e amount stated in 0110 auditors' topurt to be 11$85,40 short of what the 1'cc1ip95 were, The Roevu stated ho (Cooper) would settle the amount early in April. By-law, No. 10 for 1885, dealing with shouting on the street, &o„ was reed three linnet and 1138811. J. 11. (trent was present aucl i:.d- dressed the 1.toa1v1 011 the opeuillg,' of Halliday street, half of which was opened last ,year. After 00usulting the village map end discussing the matter it was moved by W. F. Van - stone, seconded by W, 11. Kerr that the Reeve and Cottnoiljors Graham and Scott bo a committee to report on the subject at next meeting. Car, ried, Moved by W. F. Vaustono, second- ed by R. Graham that the auditors' report bo accepted and published. Carried, 1111e scraping of Tnruberry etroot was talked over and it was decided to let the whole job by tender. Council thou adjourned fur one month, A. dressed lamb 80 days old was sold to a Loddon butohor, that weighed 48 lbs. live weight and 80 lbs. when dressed, It was raised on the farm of T. 13. Hudson in Loudon Township. REBBE1LLION. The Police and Rebels have a Battle, Fort Carleton Burned. DATTLEF'ORD SURROUNDED BY INDIANS. Troops Efurrying 00 the aceln0 or Aetlon. The half-breed rebellion 101 the Northwest has assumed alarming proportions. A fight occurred a J)uek lake between Capt. Crozier's command (mounted police) and the rebels under ltiel in whioh ten volen• teens and two constables were Milled and eleven others wounded. The rebel losses are not known. Intense excitement prevails throughout the Northwest. The news created 11 sen Batton in Ottawa, where it was learned late in the afternoon, just before ue1, Orders were at once given for calling out the regular forces 1•tlttn01). e(1 tit Quebec, Iiiugeten and Toronto, as well as the Queen'.. Own 01:'1 Royal Grenadiers, 111 'Termite. li. ]f11110(y has already left Quebec. The men will bo sent over the Use ad(1 P21cili0 railway. Nearly 80(1 nd- dl0o11a1 militja have Men beet Sint forard to the seen° of trouble. A ntes1ltge was received from Col. Irvine, to the effect that lio bad ar- rived at Carleton, The 1)12)1rsen did not mention ilio date of hie arrival. Capt. Crozier had gone t-.) Duck lake to secure ellpplie9 which were there, 11111 on his return was mot by 200 rebels, who eudeavclrect to 1urround the police. The robels fired the first shot. The pollee then opened fire, and the engagement beealue geeerul. Four methane and 000011 ('00100111e11 wore wounded. The constables killed are :—T. J. Gibson, J. P. Arnold. The oiviliane killed are :—Capt. Jona Merriton, Wm, Napier, James Blake ley, Robb. Middleton, 0. Elliott, D. blaoltenzie, 1). 111ePheil, A. Hewitt, Jos, Anderson, Alex. Fisher. Tho civilians wounded are :--Capt. Moore, A. McNab, \V. P. 10Iorlly and Alcx• ander Stewart. The pollee wounded are :—.I118pectur 0. Howe, Corporal Gilchrist, Constabloo Garrett., 8. F. Gordon, A. A. Smith, J. J. Moore and A. hiller. The civilians and police acted with great coolness under tt heavy fire Capt. Crozier with hie force )retreated in good order., and reached Carleton at the sumo time as Col. Irvine's troops got there• Supt. Egan of 111e 01111adilln Pacific had informed the G0verumout that a half-breed has heed captured while endeavoring to derail the train 0hich was conveying the men of the 00th west. This man had said Rein's force con 01stea of fifteen lin adred men, well. armed and having tine Ametican can - 11011 8. atn-110118. Stops 111111 been taken to forward 10009; Over the Canadian Pecifio north of lake Superior. 1 h nap was about seventy miles. Sleighing there 0118 good. Plenty of eleigh3 had been pro vidocl and the aura would bo earned through without ieterrupt1011. 11r. Caron fetid 500 men would at twee bo sent forward, of which num- ber 100 would bo from A battery, cid 100 from 13 battery. Geo. :Middleton was et Winnipeg, but would leave for 1 the west to -marrow morning. Definite (11f0r11ntt1111 a8 to the fight I at Duck lake on'Tlivredey last 1a to I hand as follows :—A parley 0218 process between Major Crozier mid Riot under a flag of truce; The half- breeds fired on the police; the latter answered. Twelve of Crozier's party were killed, \elide 47 of the rebels were either (tilled ne wonuded. Crozier, a few miles wee1ward and joined Col. Irvine. Next day, Friday, Col. Irvine de/greyed tho fort and the stores 111 it and with Crozier repaired to Prince Albert, the twain settlement in the locality, where he 10 vow posted. '.11110 only means a 00mm1211i0a1ton with him is by courier westward to Battle. ford and then by wire to Winnipeg. The situation it w ill therefore 11e meet is very serious : not that Irvine's command is in Clanger, but that it will require a large force to eubdu0 the rebels and bring in the ringleedors. The half-breeds are evidently bent on fighting: they must fight or submit. Itis to be hoped that Crozier did inflict severe punishment on the Matin in the battle at Duck lake for they appear to have anted most trencher. ously. So muoh for the situation there. NO. 39. Tho next matter is that of putting down the rebellion. Gen. Middleton is asking for largo reinforcements -- as molly as .2001) men. A8 far es we 0211 800 110 ought to look for as many men as p1e0ibil in the Province of Manitoba and the territory beyond. The difficulties in the way of transpor- tation Ontario militia (ire quite serious. Our men cannot bo in Win nipeg till the middle of next week. The next poinlconcerns theFoniaus. Where there is melte there is file. If the Fenians in the States are not now supporting and counselling Kiel they aro at least ready to take advant- age of any weakness in Canada's frontier. They would try to cross the Vermont frontier or the Ontario frontier, or over the boundary line in the Northwest. Besides thinking of putting down the rebellion the gov- ernment, we know, are 000090lled by reason of information in their Maude to pay attention to the defone11 of the country frau: Fenian invaeinn m 000(1 the active militia is taken orf to the Northwest. Winnipeg, March 80.—Thi+ city to•11ay is greatly excited over the ran - look in the Northwest 01 010011119 of the general upl'i8in,; of Indians re- ported to be imminent. A despatch from Qu'Appl'ile reuorie a11 outbreak of Indians in l+'ile hills il'oorce, Su miles north west of leort Qu'Appelie. Later. --The tollewing despatch is just received by it peettuue(1 Minn] 909 citizen : "Poit11o',•rd tin, 6(111 captured and ludialls have g 1 pus• 0063111(11 of every house. The iuhabi- rrnts escaped to the police barracks where they aro 1100 expecting an at• luck from the Indians, vvho are gath• trod on the south side of tho Cattle 1 ]ver. Tclegrapllio communication expected to COILS& at any moment." A large settlement of half-breeds in the vicinity of Oak Lake, 40 miles w01,t of Brandon, are leaving quietly They aro very much alarmed. Many families are now being sent to Win. nipeg for protection. People tiro organizing in every town and village of the Province end 010111- 0.ing far 1101110. In Winnipeg two regiments mere aro nearly fully or. ganized—enc under Lieut. Col. 1icctt now en route from Ottawa., the other under Col. W. Osborne Strath. Pears its to the 11n1f breeds 01141 in. diens of the province rinsing trouble has boon allayed by the clergy en. nauncjug (t pastoral from 1Iis 003200 the Archbishop cunusehiug them t0 peace. Upwards of six hundred her - 800 have bee11 sold in the city in the last few days, and th0y are still in demand. Teaun8 are employed for transport service 119 $5 9,1. ,lay. Deepatohe8 from Battleford aro very alarming. Iudian1 h .ve gather 0d 0t P0un.huak0r's 1008erve over 500 strung, and are now euaampe,l 1n sight of the town. They threaten to attack the barracks for safety. Every av(ti.ablo loan has beet en- rolled for service. The Iudian3 threaten to burst the town, laid ale expected to coils, to day to 1t p,.'t- 001Y with tits (Tont, 1)(:1111 ((121y Lr macre to 12101 a 11113' •.r tw,1, 1111•0i(1110 reports 118 to 0011(121.11 2011(1 (11(11111111 leaving ft.r swift Current St:Irlon woul,1 sea 01 thus to bo colltr.l,11eted, Turo11tn, 101ara11 80.—Never jn lin• history of Toronto has 111(1',' le en sec!) 1(110:tee , x0)tenlent all ,wit res then» wall this morning. Orders had been (riven for the troops to parade at 10 Welted; in heavy marching order, lint long before that 11,)ur people Bo- gan to assemble round the drill shed, and very shortly there was a densely packed crowd extending from the shed along West Market street to King. ()there took up positions on the eidewalkd on King street, and by 11 o'clock podostrainiem was impos- sible, except through a apace in the centre of the roadway, kept clear to allow the troops to pass. Every up- per window along King street was filled with ladies, and every other vantage ground was taken possession of by the sterner sox. At the Union ,depot about ten thousand people had assembled, and these being supplemented by crowds along the route, there must have been not less than 18,000 people whoiu the troops arrived. To describe the scene et this point if ould be itnpossible. Tho troops were cheered again and again, and their arms must have ached, so eager were those left behind to shako hands with them. Many an eye was dim with tears, and many a silent and fervent prayer was offered for the brave lads who have responded to their country's call. As the train slowly steamed out of the depot people grew wild with ex• citement, and cheer upon (:beer was 910011 and responded to by the troops. The cuutiegent c'mpriocss 500 men from tits Queen,' Own and Grenadiers, and 80 froth tee 10fanlry School Corps: TABLE 0)8TAxe014, Readers of Tnr. Peer will find the follotvillg tables of distances 1188(01 at the present juncture. The di'e(113000 from Wiuuipeg to the main p eras of interest are given, and also those from Qu'Appello, where tile railway is left, along the trolls to the scene of present operations. The telegraph line rims from Qu'Appelle, through. ToUChwoad and Humboldt to Clerk's Crossing, and thence on to 13,1ttlefurd and Edmonton. From Clarkc'e Cru20ing a branch litre rune to Prince Alport, Trail diotauces—Qu'Appelle to t Fort Qu'Agpello 10 tiles,- Fort Qti'- Apvell1 to Tutte1woud dila 40, lenelvec1 ,1 Hills to 11uml:o'dt 81, L111121u-I (. to Carleton via GabrieI's (.. ,: ,i 1.' til, Humboldt to Cerletou ' 0I,2 R;+u °ir'e ('x1(.01119 till, 915)308 Al- b: -rt 10 1)so.u1111''1 C'1rueriug 411, PI1110(; 11b(rt t, (10110,11 49, Q'l'.1pp to (.1;1101“.'., (2,0 ..j1((( 190, (elu'A1'1, lir, to li..Ili, f,,rd 201, Clarke':. 0001,112] to Pelee.; Albert 141. Ulrtlncee from WVint ipr;4---Fort Ellice 1 711 (0111,0, rt (iu':ll.pelh0 litI7, Se, cm Ilj0, r bar reel. vbt fort l lliu0 897 Tuuclnt,,,, 1 111„ 872, Humboldt 1501, Fort C'nrlet'21 5:10, Battieford via Gabriel's (11118. 0113111ALP• 11111(1?n BILL 1(1' RIGHTS. The following ie the thill of rights' formulated by the lielf-breeds of Prince Albert eettlemTut at their meeting at tit. Laurent demonstra- tion to based : (1) The eubdl;isiuu lute provinces of the Northwest Territories ; (3) the half-breed, to receiver the sense grants and other advantages as the Mani- toba half-breeds ; (8) pateut, to he issued at mice to the colouiote j1( pusseeeiou ; (4) the bale 1(t' half a million acres of Duminiun laude, the proceeds to be applied to the estab- lishment in the half/breed settlement of schools, itoopitels, and s11ch like mstibuttous, and to the equipment of the poorer half•breeds with seed, grain trod implemouts ; (5) the reser- vation of a huudred to1nehipa of swamp land for distribution among trio children of half. breedi during the next one hundred and twenty years ; (8) a grant of at least one ,b0usand ((idiots for the mainteltauce of an in- stitution to be conducted by the nuns iu each half-breed settloelent ; tend (7) latter provisions for the support of the Indians. ST11.10 In7LLET6. ltiel e110111d 111(022 been bunged yeer0 1ngt, The. inluurectiou will militate sadly a131118t getting 1n at Nellie clop. Thorn: are about 10,(1110 111uu/n8 111 tl:e'1N"rl11tvest, lie.ath Bette, whose l.e lgite ere ori' at L •n(L,11, have been 11.11.4 Oso '1f IIusee'8 eons, in the peeeen f'1'. W. Gib„m, son of A. 1,.lribsou 1.1 Vrruxete; i$ curl)' (0i;h 11123 Perdu• to tel 0118. 113101 0110 01'411118 of the people 0f till) Northw,,.1 beta listened :u thio iusur- re0tia', wovl.i never have taken place. Per•oua from Bres els, who //eve v1, ]ted the Went and tv11u were ae.1u- ai'ted with the otato of affairs, ince, 11 oijnitted a ri1jn9 of the half-breeds and settlers too, it' the Laud regula- tions wore not emended. Tho very latest reports speak as fol- lows :—Battluful'd burned by the rebels. Perilous 1001atm of the 2301110n and e1ildren, Roil reinforced by bands of Indians, the Creta and Stoneys join the half. breeds. Relent- ed slaughter of Government employees confirmed. Still another victim add- ed to the list. The Government has no information to give the people, Major Bell, of the 13e11 .Farm, Manitoba, has arrived froln England, He reports Emigration p120000cts in Great Britain as most encouraging, and anticulates from his observations a large influx of welt1o•d0 farmers into the North-west this year. The anneal Easter fiat eatthl allow was held at Guelph last week. There was close onto 400 head of cattle offered, and most of them were disposed of, the Liguori figure being 570 ant the lowest 870. Thorn was a large number of buyers present 'tom all parte,