NBC – 1849.09.22 – Orange Riots – Grand Jury Presentments – #238 – F12220
The following document, addressed to the Foreman of the Grand Jury of the last August Court of Oyer and Terminer has been handed us for publication. Copies of the special and ordinary Presentments were, at the time forwarded by the Grand Jury to His Excellency the Lieutenant Governor.
The following document, addressed to the Foreman of the Grand Jury of the last August Court of Oyer and Terminer has been handed us for publication. Copies of the special and ordinary Presentments were, at the time forwarded by the Grand Jury to His Excellency the Lieutenant Governor.
Secretary’s Office, Fredericton, 15th Sept. 1849.
SIR. – I am directed by His Excellency the Lieutenant Governor to inform you that he has received a copy of Presentment, with reference to the Riots of the 12th July last, made by the Grand Jury at the late Session of the Court in the City of St. John. The Lieutenant Governor thinks it necessary to make some observations on this Presentment, which he is desirous should be brought under the notice of the Magistrates both of the City and of the County.
His Excellency feels great satisfaction at the sentiments contained in the following paragraphs of the Presentment. He only trusts that the Grand Jury may err as to the extent in which the public “interests are set aside and compromised” as secondary considerations.
“That this Jury consider it their duty to express their opinion that all party processions, “more particularly processions obnoxious to large numbers of respectable freeman and “freeholders in the City, are improper – tending, as they do, to keep alive and aggravate feelings “of animosity between men on account of differences of religious belief.
“That this country does not require the aid of public processions of secret societies, “composed of men dressed in fantastic uniforms or badges, in order to preserve the Protestant “Religion: but hat, on the contrary, this Jury are of opinion that such a procession as took place in “this City on the 12th July, is unnecessary, and the results are calculated to scandalize and injure “any good cause.
“That this Jury do also express their belief, that the continuance of these party feuds has a “serious tendency to interfere with the progress and general prosperity of the Country; and they “regret to express their opinion that questions regarding the public good are set aside and “compromised as secondary considerations and that the gratification of party feelings, arising “from difference of religious opinions and of “national descent, take precedence in questions “concerning the general welfare.”
The Lieutenant Governor further agrees in thinking that the peace of the City must be protected by the strong “arm of the Law, and by that alone.” He is of opinion that this result is best attained by arraignment and impartial trial of all persons breaking that peace, or contributing to a breach of it. He cannot for a moment doubt that the bills found and the verdicts delivered at the last session of the Court, were found and delivered according to the law, the evidence, and the oaths of the respective Juries. It is obvious that all power of prevention conferred on Magistrates must be paralyzed by the existence of a belief in the absence of impartial justice.
With regard to the conduct of the Magistrates complained of in the presentment, His Excellency sees no reason to doubt that His Worship the Mayor exerted himself so far as the time and circumstances would allow him, to prevent the procession, and to hinder the interruption of it in the public streets. It is certainly deeply to be lamented that more Magistrates did not accompany the Mayor when he made these efforts, as it was the duty of one and all, in their Magisterial capacity, to lend the readiest assistance in anticipating or putting down any disturbance.
It must not be forgotten, however, that such duty is not confined to Magistrates. The Mayor, as His Excellency is informed, called on many of the inhabitants to attend and be sworn in as Special Constables, but wholly without success in procuring any efficient force. Every case of refusal or neglect so to attend at a time when the public peace was threatened was in itself an offence against the Law on the part of each person called on to act, and the blame of a breach of the peace, consequent on the want of a sufficient number of Constables, falls on the persons so refusing or neglecting, at least as much as it does on any Magistrate not attending on the Mayor at the time.
It must be remembered that whilst on the one hand no persons have the right to obstruct the public thoroughfares, so on the other, all processions or assemblages, even for a legal object, if they tend directly to promote or provoke a breach of the peace, become such as to justify the interference of the Magistrates in stopping them. All persons whatsoever resisting the Magistrates under such circumstances in the exercise of their authority, must do so at their own peril.
null
NBC – 1849.08.25 – Orange Riots – Circuit Court – Grand Jury – #237 – F1
CIRCUIT COURT. – The trial of George McKelvey, Daniel Dunham, John Munford, and Squire Manks, for “illegally assembling,” having taken part in the Orange procession of 12th July last, was closed on Saturday evening, when the Jury acquitted all the parties.
On Monday, Archibald Brown was tried for firing at the procession, and wounding R. McAndrew in the wrist: he was acquitted. The next trial was that of Thomas Knowles, one of the Orangemen in the procession, who had been indicted for the murder of Patrick Allan, one of the assailants in Dock-street. He was acquitted by the jury without leaving the box.
On Monday, John Haggerty was sentenced to twelve months imprisonment in the Provincial Penitentiary, for a felonious assault on His Worship the Mayor on the 12th July; and David Haggerty to six months imprisonment in the common goal, with hard labour, for an assault, the same day, on Alexander Boon.
James Gallagher, Hugh McGowan, John Magner and Michael Collins, who had been indicted for firing pistols and throwing stones at the procession, were ordered to appear at the next term.
On Tuesday, the Grand Jury handed in the subjoined Special Presentment, which, after having been read in open Court, was handed over by His Honor Judge Carter to the Hon. Her Majesty’s Attorney General, for the action of the Executive Government thereon.
All the business before the Court having been disposed of, its sittings were closed on Tuesday evening.
GRAND JURY ROOM,
St. John, N.B., Aug. 21, 1849.
The Grand Jury, now in session, bet to submit a Special Presentment to the Court, concerning the Riots which took place on the 12th July last.
That it was known to the Authorities prior to the 12th July that the Orangemen intended to walk in procession through the City.
That the Authorities were requested to interfere, and prevent such procession taking place, and were cautioned that should it be permitted, a breach of the peace was inevitable.
That our Chief Magistrate having reason to apprehend that such a procession would lead to a breach of the peace, consulted with the proper legal authorities, who advised him that the procession was not unlawful, and that he had no power to interfere to stop it.
That it does not appear that the Magistrates or Authorities took any measures to protect, or forbid the procession, or that they took the least precaution to prevent the apprehended breach of the peace.
That on the morning of the 12th July, it appears that the Chief Magistrate could find but two of his brother Magistrates willing to assist him in preventing or quelling the riot, and one of them was a gentleman from his years, not calculated for the emergency – and that it has been brought to the knowledge of this Jury that some declined their assistance, and that others went into the country, in the opinion of this Jury, to avoid being present on the occasion.
That it appears, that on the morning of the riot, the Chief Magistrate proceeded to the Police Office for assistance, and that there was no Policeman there – and that he could only procure the assistance of one policeman to go with him to the disturbed district.
That this Jury consider it incumbent on them to ask the Court to take such measures as will cause an immediate and rigid enquiry into the conduct of the Justices of the Peace of this City and County on that day.
That this Jury are of opinion, that if the Law does not give the authorities discretionary power to stop processions, or to interfere upon any occasion when they have the least apprehension of a disturbance of the peace and quiet of the City, that an amendment of the Law should be made as early as practicable.
That this Jury consider it their duty to express their opinion that all party processions, more particularly processions obnoxious to large numbers of respectable Freemen and Freeholders in this City, are improper – tending as they do, to keep alive and aggravate feelings of animosity between men on account of differences of religious belief.
That this Country does not require the aid of public processions, of Secret Societies, composed of men dressed in fantastic uniforms or badges, in order to preserve the Protestant Religion: but that on the contrary this Jury are of opinion, that such a procession as took place in this City on the 12th July, is necessary, and the results are calculated to scandalize and injure any good cause.
That this Jury do also express their belief that the continuance of these party feuds has a serious tendency to interfere with the progress and general prosperity of the Country: and they regret to have to express their opinion, that questions regarding the public good are set aside and compromised as secondary considerations – and that the gratification of party feeling, arising from difference of religious opinions, and of national descent, take precedence on questions concerning the general welfare.
That the peace of the City must be protected by the strong arm of the law, and by that alone; that no individual or individuals, beyond the pale of the authorities, should be allowed to resist the passage of any man or body of men, through the streets of the City – and that every attempt at mob law should be discountenanced and put down. The Riot at York Point might have been prevented had the authorities, with sufficient force, been early on the ground and dispersed the rioters.
The Grand July trust that the new Police Act, if vigorously and properly carried out, will do much to preserve the peace and quiet of the City.
The Grand Jury earnestly desire to thank His Honor Judge Carter, for the able and lucid Charge which he delivered at the opening of the present Court.
Respectfully submitted.
JOHN SEARS, Foreman.
NBC – 1849.08.18 – Orange Riots – Circuit Court – #236 – F12220
Circuit Court. – The civil docket having been nearly got through with, the criminal calendar was taken up on Monday last, when two cases of Misdemeanor, for concealing the birth of illegitimate children, were tried, and the prisoners in both instances acquitted, from the insufficiency of the evidence. On Wednesday, John Haggerty, Joseph Corkery and Charles Hegan, were tried for a felonious assault upon His Worship the Mayor, on the 12th of July. Haggerty was found guilty, the others were acquitted. On Thursday, two men named Dawson and M’Neil, were tried upon a charge of arson, and acquitted. On the same day, Daniel Hagerty was convicted of an assault upon Alexander Boon, on the 12th July. Daniel Driscoll, Patrick Kearney, and Jeremiah M’Carthy, who were indicted as being implicated in the attack on Mr. Boon’s waggon, were acquitted. Yesterday the Court was engaged in the trial of George McKelvey, John Munford, Daniel Dunham, and Squire Manks, for illegal assembly, having taken part in the Orange procession on the 12th, of July.
NBC – 1849.07.28 – Orange Riots – Criminal Charges – #235 – F12220Since our last publication, the examining Magistrates have committed and bound over a further number of persons, who are said to be implicated in the late riots. Joshua Corkery and Jeremiah McCarthy, have given bail to appear for trial, for a riot. Driscoll, Donovan, and Carney, committed for feloniously assaulting Foster, and James Gallagher for shooting at the procession, have been admitted to Bail by order of the Chief Justice. Joseph Coram, of Carleton, and George Anderson, of Fredericton, holding high offices in the Orange Institution, and who headed the procession on the day of the disturbances, stand committed for trial, for abetting the death of Patrick Allen, and they will probably be bailed out to-day. A number of the leading Orangemen are under arrest, and undergoing examination. The Coroner’s Jury, on the body of Richard Foster, returned a verdict of Wilful Murder against Peter Sullivan, who has not been apprehended, and who, with several others of whom the Police are in search, are supposed to have absconded. The trials of all these parties will come on at the Court of Oyer and Terminer, to be opened on the 7th of August next.
NBC – 1849.07.21 – Orange Riots – Criminal Charges – #234 – F12220
THE LATE RIOTS. – The investigation into the circumstances connected with the riots of the 12th instant, has been pursued, during the past week, under the direction of Wm. Bayard, Esq. Coroner, and of D. Ansley, B. L. Peters, W. H. Needham, George A. Lockhart, and Robert Payne, Esquires, examining Justices, assisted by Mr. Wheeler, Clerk of the Peace. We understand, that the information which these enquiries have already elicited, tends to implicate a large number of persons, identified as being directly engaged in the outrages. John Haggerty and David Haggerty, charged as rioters, have been bound in [recognizances] to appear for trial; Chas. Heagan and Owen Sullivan, as rioters, and for assaulting the Mayor, (the latter with a knife) have been committed for trial; Archibald Brown stands committed for trial for feloniously shooting with intent to kill; Charles Sweeny for striking the Mayor with a brick; Patrick Corney, Daniel Driscoll, Jeremiah McCarthy, and James Donovan, for shooting into the crowd and throwing bricks, when several persons were killed, attacking Boon’s waggon, and committing other acts of violence, have been partially examined and remanded; Joseph Corkery, charged as an active ringleader, is in custody, and will be examined to-day. The Coroner’s Inquest upon the bodies of Delay and Allan, who were shot, have resulted, after a laborious and patient enquiry extending over eight days, in verdicts of wilful murder against some person or persons unknown; and in the case of Richard Foster, who died of wounds on Thursday, an inquest in now being held, and enquiries still in progress. Warrants have been issued and the police are in search of a number who were conspicuous in the bloody scenes, and we trust that no effort will be spared by the authorities to bring to justice all who can be shown to have participated in these brutal and murderous transactions. – The number of killed, positively ascertained by name, is three: Delay, Allan and Foster; and of the wounded, six.