On his refusing to accede to the demand of the prisoner and the breeds with him, Riel said, "You had better do it quietly. If we succeed, I will pay you; if not, the Dominion Government will." I refused, said Walters, and they forced themselves in and took the arms. I was arrested shortly after. Riel said the movement was for the freedom of the people. The country, if they succeeded, was to be divided, giving a seventh to the half-breeds, a seventh to the Indians, a seventh to church and schools, the remainder to be Crown Lands. I was kept prisoner three days, being liberated by Riel. Riel said, G.o.d was with their people, and that if the whites ever struck a blow, a thunderbolt would destroy them. They took everything out of my store before morning, the prisoner superintending the removal of the goods.

HILLYARD MITCh.e.l.l sworn, was examined by Mr. Osler. He said--I am an Indian trader, have a store at Duck Lake; heard there was an intention by rebels to take my store.

I went to Fort Carlton and saw Major Crozier on the Thursday prior to the Duck Lake fight; saw prisoner on that Thursday at Batoche. Saw some people at the river armed. At the village I saw some English half-breed freighters who had been taken prisoners by Riel, and their freight also taken. Philip Garnot took me to the priest's house. I saw the prisoner there with Charles Nolin, Guardupuy and others. I think this was on the 19th of March. I told Riel that I had come to give some advice to the half-breeds. Riel said the Government had always answered their demands by sending more police. They were willing to fight 500 police. He said he had been trampled on and kept out of the country, and he would bring the Government and Sir Jonn Macdonald to their knees.

THOMAS E. JACKSON was next examined by Mr. Osler, and deposed that he was a druggist, at Prince Albert, and a brother of Wm. Henry Jackson, an insane prisoner of Riel's. Riel, witness testified, asked him to write to the eastern papers, placing a favourable construction on his (Riel's) actions. Riel had made an application to Government for $35,000 as indemnity for loss of property; he showed the greatest hatred to the English, and his motives were those of revenge for ill-treatment at the time of the Red River rebellion. Having questioned Riel's present motives and plans, witness was taken prisoner and placed in close confinement. Riel afterwards accused me of having advised an English half-breed to desert.

When Middleton was attacking Batoche, Riel came to witness and told him if Middleton killed any of their women and children he would ma.s.sacre the prisoners. He wrote a message to Middleton to that effect, and I carried it to the General. (The message was produced and identified by witness). I did not return to the rebel camp. Saw the prisoner armed once after the Fish Creek fight. Riel was in command at Batoche, Dumont being in immediate command of the men. I know prisoner's handwriting. (The original summons to Major Crozier to surrender, the letter to Crozier asking him to come and take away the dead after Duck Lake fight, a letter to "dear relatives" at Fort Qu'Appelle, a letter to the half-breeds and Indians about Battleford, a letter to Poundmaker, and other doc.u.ments were put in and identified by witness as being in Riel's handwriting).

Cross-examined by Mr. Fitzpatrick--The agitation was for provincial rights and their claims under the Manitoba treaty, and I was in sympathy with it. Riel was brought into the country by the French half-breeds. I attended a meeting at Prince Albert immediately after Riel's arrival in June, 1884. Riel said what they wanted was a const.i.tutional agitation, and if they could not accomplish their ends in five years they would take ten to do it.

Riel was their adviser; was not a member of the Executive Committee. Up to March last, from all I heard prisoner say or discovered otherwise, I believed Riel meant simply a const.i.tutional agitation, as was being carried on by the other settlers. Riel had told him the priests were opposed to him, and that they were all wrong. Heard Riel talk of dividing up the country to be bestowed on the half-breeds, Poles, Hungarians, Bavarians, etc. When I was Riel's prisoner I heard him talk of this division, which I thought meant a division of the proceeds of sale of lands in a scheme of immigration. This was altogether different from what he had all along proposed at the meetings. All the doc.u.ments Riel signed that I know of were signed "Exovide" (one of the flock). Riel explained that his new religion was a liberal form of Roman Catholicism, and that the Pope had no power in Canada.

Think Riel wanted to exercise the power of the Pope himself. These expressions were made by Riel after the rebellious movement was begun.

GENERAL MIDDLETON was now called, and was examined by Mr. C. Robinson, Q.C. He testified that he was sent by the Minister of Militia to quell the outbreak on the Saskatchewan, and gave the well-known details of his encounter with the rebels at Fish Creek, and of his subsequent movement on Batoche. He testified to receiving two letters from Riel on the day of the capture of Batoche, in one of which Riel threatened to ma.s.sacre the prisoners in his possession if he (Middleton) fired upon the half-breed women and children. The letter was produced in Court, and identified by the General.

CAPT. GEO. H. YOUNG, of the Winnipeg Field Battery, deposed that he was present at Batoche as Brigade Major under the last witness, and was in the charge at the close. Witness was first in the rebel council chamber after the capture of the village, and found and took possession of the rebel archives. A number of doc.u.ments were produced, which witness recognised as those he had secured. After Riel's surrender he was given into witness's custody and taken to Regina.

MAJOR JARVIS, in command of the Winnipeg Field Battery during the campaign, and to whom the charge of the papers found at Batoche was confided, identified the papers produced in Court.

MAJOR CROZIER, of the N.-W. Mounted Police, was next sworn, and detailed the fact that he was met by an armed force of rebels at Duck Lake and fired upon, losing many of his command in killed and wounded. He testified that, subsequent to this engagement, a man named Sanderson brought him a letter from Riel asking him to come and remove his dead from the field.

CHARLES NOLIN was next called, and was examined by Mr.

Casgrain in French. The deposition of this witness we take from the Toronto _Globe_. Nolin deposed that he lived in St. Laurent and formerly in Manitoba. He knew when Riel came to this country in July, 1884. And met him many times. Riel showed him a book he had written in which he said he would destroy England, and also Rome and the Pope. Riel spoke to him of his plans in December, expressing his wish for money, a sum between ten and fifteen thousand dollars. Riel had no plan to get it, but he wanted to claim an indemnity from the Dominion Government; that they owed him $100,000. Riel told him he had had an interview with Father Andre, and at that time he was at open war with the clergy, but had made peace with Father Andre in order to gain his ends. Riel went into the church with Father Andre and other priests, and promised to do nothing against them, and Father Andre had promised to use his influence with the Government to secure an indemnity of $35,000. This was in the beginning of December, 1884, the agreement being made at St. Laurent.

Between December and February 14th, witness had taken part in seven meetings. Riel said if he could get the money from the Government he would go wherever the Government would send him--to the Province of Quebec or elsewhere. Otherwise, he said, before the gra.s.s was very long, they would see foreign armies in Canada. He would begin with subduing Manitoba, and afterwards turn against the North-West. Prisoner afterwards prepared to go to the United States, and told the people it would look well if they attempted to prevent him from going. Riel never had the intention of leaving the country, but wanted witness to get the people to tell him not to go. Witness was chairman of a meeting which was held, and brought the matter up. On the 2nd March a meeting was held at the settlement between Riel and Father Andre. There were seven or eight half-breeds there. Prisoner appeared to be very excited, and told Father Andre he must give him permission to proclaim a Provisional Government before 12 o'clock. On the 3rd March a meeting was held for the English half-breeds. About forty armed French-half-breeds came there. Riel spoke and said the police wanted to arrest him, but he had the real police. Witness spoke also at the meeting on the 5th of March. Riel afterwards told witness he had decided to take up arms and induce the people to take up arms for the glory of G.o.d, the good of the Church, and the saving of their souls. About twenty days before the prisoner took up arms witness broke entirely from him. On the 19th witness was made prisoner by four of Riel's men and taken to the church, where he found some half-breeds and Indians armed. That night he was taken before the council and was acquitted. Riel protested against the decision. Witness was condemned to death, and he was thus forced to join the rebels to save his life. The conditions of surrender to Crozier were put in his hands to be delivered to Crozier, but he did not deliver the letter. Riel was present at the Duck Lake fight, on the 26th March, and was one of the first to go out to meet the police, carrying a cross in his hands.

Cross examined by Mr. Lemieux.--I have taken an active part in political affairs of the country. In 1869 I was in Manitoba. In 1884 Riel was living in Montana with his wife and children. I partic.i.p.ated in the movement to bring Riel here; believed Riel would be of advantage in obtaining redress of the grievances. The clergy had not taken part in the political movement, but had a.s.sisted them in obtaining their rights. They thought it was necessary to have Riel as a point to rally round. Delegates were sent to invite Riel to come, and he came with his wife and family. A const.i.tutional political movement was made, in which the half-breeds of all creeds took part, and the whites, though they were not active promoters, were sympathizers. Did not believe Riel ever wanted to return to Montana, although he spoke of it. After the Government refused to grant the indemnity to Riel witness did not believe he would be useful as a const.i.tutional leader. It was after the indemnity was refused that Riel spoke of going away. Witness denied that in 1869 he started an agitation with Riel, and then, as in the present case, abandoned him. He only went as far as was const.i.tutional. He had heard prisoner say he considered himself a prophet, and said he had inspiration in his liver and in every other part of his body. He wrote upon a piece of paper that he was inspired. He showed witness a book written with buffalo blood, which was a plan that after Riel had taken England and Canada, Quebec was to be given to the Prussians, Ontario to the Irish, and the North-West to be divided among the various nationalities of Europe, the Jews, Hungarians, and Bavarians included.

The rebel council had first condemned witness to death, and afterwards liberated him, and he accepted a position in the council in order to save his life. Witness said that whenever the word police was mentioned Riel became very excited, having heard that the Government had answered their pet.i.tions for redress by sending 500 extra police.

At this part of the cross-examination of Nolin, the proceedings were interrupted by an excited clamour of Riel, to be allowed to interrogate the prisoner, and to a.s.sist personally in the conduct of his case. This the Court could only allow with the consent of prisoner's counsel. His counsel objected, and urged that such a proceeding would prejudice their client's case; but Riel persisted, and the rest of the day was wasted in fruitless altercation, which neither the Court nor the counsel for the Crown could allay. The chief cause of Riel's excitement seemed to be the determination of his counsel to press the plea of insanity, a plea which, throughout the trial, Riel strongly objected to be urged on his behalf. The Court in the midst of the altercation, adjourned.

THIRD DAY OF THE TRIAL.

[Footnote: In preparing this abstract of the day's proceedings, the writer acknowledges to have drawn from the reports published in the Toronto _Globe_ and _Mail_, and the Montreal _Gazette_ And _Star_.]

The Riel trial was resumed at Regina, on the morning of July 30th, by MR. GREEN SHIELDS' addressing the jury for the defence. The Court-room was again filled to its utmost capacity. After referring to the difficulty counsel had met, in the prisoner's endeavour to obstruct their conduct of the case, Mr. Greenshields dwelt upon the history of the Indians and half-breeds in the North-West Territories, pointing out their rights to the soil. In this Court they had a different procedure from that in other parts of the Dominion, and while not desiring to be understood that the prisoner would not receive as fair a trial as the machinery provided made possible, he questioned whether a jury of six men, nominated by the presiding magistrate, was sufficient to satisfy the demands of Magna Charta,--the great bulwark of the rights and liberties of all British subjects. He believed any of the older Provinces would rebel against such an encroachment on their rights, and he did not see why such a condition of things should obtain here. For years the half-breeds had been making futile efforts to obtain their rights. All these efforts had been met by rebuffs, or had received no attention whatever from the Federal Government, and those very rights for which the half-breeds were supplicating and pet.i.tioning were being handed over to railway corporations, colonization companies, and like concerns. He would not say that the action of the Government justified armed rebellion--the shedding of blood--but it left in these poor people those smouldering fires of discontent that were so easily fanned into rebellion by a madman such as Riel. The prisoner had been invited by the half-breeds to come among them from a foreign country to a.s.sist them in making a proper representation of their grievances to the Government. They were unlettered and required an active sympathizer, with education sufficient to properly conduct the agitation. Riel was the man they chose, and there was no evidence to show that when Riel came to this country he came with any intention of inciting the people to armed rebellion. His work was begun and carried on up till January in a perfectly const.i.tutional manner. After that time, as the jury had seen in the cross-examination of the witnesses for the prosecution, no effort was made by the defence to deny that overt acts of treason had been committed in the presence of the prisoner; but evidence would be brought to show that at the time these acts were countenanced by the prisoner, he was of unsound mind and not responsible for what he did. The peculiar disease of the prisoner was called by men learned in diseases of the mind, "megalomania." This species of mental disease developed two delusions--one the desire for and belief that the patient could obtain great power in political matters to rule or govern, another his desire to found a great church. That the prisoner was possessed of these delusions, the evidence abundantly proved. The jury might consider, with some grounds for the belief, that the evidence of Charles Nolin, who swore that the prisoner was willing to leave the country if he obtained from the Government a gratuity of $35,000, was inconsistent with the real existence of such a monomania as the prisoner was afflicted with. But not one isolated portion, but the whole, of Nolin's evidence should be considered. Other portions of his testimony, for instance, prisoner's opinions on religious matters, and his intention to divide up the country between various foreign nationalities, were conclusive proof of the prisoner's insanity. This was a great State trial, the speaker said, and he warned the jury to throw aside the influence of heated public opinion, as it was expressed at present. There were many people executed for having taken part in the rebellion of 1837, and it was questionable if there could be found anyone now who would justify those executions. The beat of private feeling had died away, and the jury should be careful that no hasty conclusion in this case should leave posterity a chance to say that their verdict had been a wrong one. They should, if possible, look at the case with the calmness of the historian, throwing aside all preconceived notions of the case that interfered with the evidence given in the Court, and build up their verdict on the testimony brought out here. In the course of his remarks, Mr. Greenshields said, that he accused no Government in particular for neglecting the claims of the breeds; but if the authorities had paid attention to the pet.i.tions which had been addressed to them, the rebellion would never have occurred. He paid a glowing tribute to the volunteers, who left their private occupations and came from all parts of the Dominion to suppress the outbreak.

At the conclusion of Mr. Greenshield's address, FATHER ANDRE, Superior of the Oblat Fathers in the district of Carlton, was called for the defence. He said he had been intimately a.s.sociated with the breeds for a quarter of a century. Riel had been induced to come to this country by the settlers to a.s.sist them. The witness had a thorough knowledge of what was going on amongst the settlers. He had no knowledge of pet.i.tions having been sent to the Government during the agitation; but he had himself indirectly communicated with the Government last December, with the object of getting the prisoner out of the country.

The pretensions or claims of the breeds changed frequently.

After Riel's arrival the Government had been notified three or four times of what was transpiring. The Government had promised to take the matter into consideration. The Government had replied to one pet.i.tion by telegram, conceding the old survey. This was an important concession.

At Batoche three scrips had been issued, and at Duck Lake forty were given. The witness never liked talking with the prisoner on religion or politics. On these subjects Riel's language frightened the witness, who considered him undoubtedly crazy on these subjects, while on all other points he was sane enough. Once, at a meeting of priests, the advisability of allowing such a man to perform religious duties was discussed, and it was unanimously agreed that the man was insane. The discussion of religious or political subjects with him was like dangling a red flag in front of a bull.

PHILIP GARNEAU, of Batoche, but at present a prisoner in Regina gaol, was now sworn and deposed as follows:--I saw Riel at Batoche last fall; had seen him several times before January. During the trouble I talked with him at my house on religious matters. He said the spirit of Elias, the prophet, was in him. He wanted the people to believe that. He often said the Spirit of G.o.d told him to do this or that. During his stay at my house Riel prayed aloud all night; never heard such prayers before; prisoner must have made them up. He could not stand to be contradicted, and was very irritable. Heard him declare he was representing St. Peter. Heard him talking of the country being divided into seven Provinces, and he was going to bring in seven different nationalities to occupy them. I did not believe he would succeed in that. He expected the a.s.sistance of the Jews and other nationalities, to whom he was going to award a Province each for their aid. Riel said he was sure to succeed, it was a divine mission, and G.o.d was the chief of the movement; only met him once before the trouble. I thought the man was crazy.

Cross-examined by Mr. Robinson--I followed Riel solely because he forced me with armed men. He had great influence over the half-breeds, who listened to and followed his advice,

FATHER FOURMAND sworn, examined by Mr. Lemieux in French--I am a priest of St. Laurent; went there in 1875. Have had conversations with Riel since the time of the rebellion.

Often conversed with him on political and religious subjects. I was present at the meeting of priests at which Riel's sanity was questioned. I knew the facts upon which the question arose. Before the rebellion Riel was a polite and pleasant man to me. When he was not contradicted about political affairs he was quiet, but when opposed he was violent. As soon as the rebellion commenced he lost all control of himself, and threatened to burn all the churches. He believed there was only one G.o.d; that Christ the Son was not G.o.d, neither was the Holy Ghost, and in consequence the Virgin Mary was not the mother of G.o.d, but of the Son of G.o.d. He changed the song beginning "Hail Mary, mother of G.o.d," to "Hail Mary, mother of the Son of G.o.d." He denied the real presence of G.o.d in the Host, it was a man of six feet.

Riel said he was going to Quebec, France and Italy, and would overthrow the Pope and choose a Pope or appoint himself. We finally concluded there was no other way of explaining his conduct than that he was insane. Noticed a great change in prisoner as the agitation progressed.

When the fathers opposed him he attacked them. Witness was brought before the rebel council by the prisoner, to give an account of his conduct. He called me a little tiger, being very excited. Never showed me a book of his prophecies written in buffalo blood, although I heard of it.

Cross-examined by Mr. Casgrain--Most of the half-breeds followed Riel in his religious views; some opposed them.

The prisoner was relatively sane before the rebellion.

The prisoner proclaimed the rebellion on March 18th. I promised to occupy a position of neutrality towards the provisional Government. He could better explain prisoner's conduct on the ground of insanity than that of great criminality. Witness naturally had a strong friendship towards the prisoner.

The afternoon was devoted to expert testimony respecting the prisoner's sanity.

MEDICAL TESTIMONY.

DR. ROY, of the Beauport Asylum, Quebec, said the prisoner was an inmate of that inst.i.tution for nineteen months.

He was discharged in January, 1878. He suffered from ambitious mania. One of the distinguishing characteristics of that form of insanity is that, so long as the particular hobby is not touched, the patient appears perfectly sane.

From what he heard the witnesses say, and from the prisoner's actions yesterday, he had no hesitation in p.r.o.nouncing the man insane, and he believed him not to be responsible for his acts.

DR. CLARKE, of Toronto, was the next witness. He said he was the Superintendent of the Toronto Lunatic Asylum. He has had nine or ten years' experience in treating lunatics.

He examined the prisoner twice yesterday and once this morning. From what evidence he had heard and from his own examination, provided the witnesses told the truth and the prisoner was not malingering, there was no doubt of his being insane.

Cross-examined by Mr. Osler--It is impossible for any man to say that a person like Riel, who is sharp and well-educated, is either insane or sane. He (the witness) would require to have him under his notice for months to form an opinion. The man's actions are consistent with fraud. Thinks he knows the difference between right and wrong, subject to his delusion.

DR. WALLACE was next called. He said he was Superintendent of the Insane Asylum at Hamilton. He had listened to the evidence in this case. He saw the prisoner alone for half an hour. He has formed the opinion that there is no indication of insanity about him. He thinks the prisoner knows the difference between right and wrong. The person suffering from megalomania often imagines he is a king, divinely inspired, has the world at his feet--supreme egotism in fact. It is one of the complications of paralytic insanity.

DR. JUKES, of the Mounted Police, would not say the prisoner was not insane. He had seen him daily since May, and noticed no traces of insanity.

The Court adjourned at five o'clock.

RIEL'S ADDRESS TO THE JURY.

At the outset, writes W. A. H., correspondent of the Montreal _Star_, Riel spoke in a quiet and low tone, many of his statements carrying home conviction to his hearers.

"At any rate," was the subsequent comment, "Riel speaks with the belief that he is right." Gradually as he proceeded and got fairly launched into his subject, his eyes sparkled, his body swayed to and fro as if strongly agitated, and his hands accomplished a series of wonderful gestures as he warmed up and spoke with impa.s.sioned eloquence. His hearers were spell-bound, and well they might, as each concluding a.s.sertion with terrible earnestness was uttered with the effect and force of a trumpet blast. That every soul in Court was impressed is not untrue, and many ladies were moved to tears. The following is an epitome of what he said:--

"Your Honour, and gentlemen of the jury--It would be an easy matter for me to-day, to play the _role_ of a lunatic, because the circ.u.mstances are such as to excite any ordinary man subject to natural excitement after what has transpired to-day. The natural excitement, or may I add anxiety, which my trial causes me is enough to justify me in acting in the manner of a demented man; but I hope, with the help of G.o.d, that I will maintain a calm exterior and act with the decorum that suits this honourable Court. You have, no doubt, seen by the papers produced by the Crown, that I was not a man disposed to think of G.o.d at the beginning. Gentlemen, I don't want to play the part of a lunatic.

"Oh, my G.o.d, help me through the grace and divine influence of Jesus. Oh, my G.o.d bless me, bless this Court, bless this jury, and bless my good lawyers, who at great sacrifice have came nearly 700 leagues to defend me.

Bless the lawyers for the Crown, for they have done what they considered their duty. G.o.d grant that fairness be shown. Oh, Jesus, change the curiosity of the ladies and others here to sanct.i.ty. The day of my birth I was helpless, and my mother was helpless. Somebody helped her. I lived, and although a man I am as helpless to-day as I was a babe on my mother's breast. But the North-West is also my mother: although the North-West is sick and confined, there is some one to take care of her. I am sure that my mother will not kill me after forty-years life. My mother cannot take my life. She will be indulgent and will forget.

"When I came here from Montana, in July, 1884, I found the Indians starving. The state of affairs was terrible.

The half-breeds were subsisting on the rotten pork of the Hudson Bay Company. This was the condition, this was the pride, of responsible Government! What did Louis Riel do? I did not equally forget the whites. I directed my attention to a.s.sist all cla.s.ses, irrespective of creed, colour or nationality. We have made pet.i.tions to the Canadian Government, asking them to relieve the state of affairs. We took time. Those who know me, know we took time with the object of uniting all cla.s.ses, even if I may speak it, all parties. Those who know me know I have suffered. I tried to come to an understanding with the authorities on different points. I believe I have done my duty. It was said that I was egotistical. A man cannot generalize himself unless he is imputed with the taint.

After the Canadian Government, through the honourable under-secretary of state, replied to my letter regarding the half-breeds, then, and not till then, did I look after my private affairs. A good deal can be said of the distribution of land. I don't know if my dignity would permit me to mention what you term my foreign policy, but if I was allowed to explain or question certain witnesses, those things would have looked different. My lawyers are good, but they don't understand the circ.u.mstances. Be it understood that I appreciate their services. Were I to go into details, I could safely say what Captain Young has told you regarding my mission, to bring about practical results. I have writings; my career, is perhaps nearly run, but after dissolution my spirit will still bring about practical results."

Striking his breast he added:

"No one need say that the North-West is not suffering.

The Saskatchewan was especially afflicted, but what have I done to bring about practical results? For ten years I have been aware that I had a mission to perform; now what encourages me is the fact that I still have a mission to perform. G.o.d is with me, He is in this dock, and G.o.d is with my lawyers, the same as he was with me in the battles of the Saskatchewan. I have not a.s.sumed my mission.

In Manitoba, to-day, I have a mission to perform. To-day I am forgotten by the Manitobans as dead. Did I not obtain for that province a const.i.tutional government notwithstanding the opposition of the Ottawa authorities? That was the cause of my banishment."