The Story of Louis Riel: the Rebel Chief Part 18

I thank the glorious General Middleton for his testimony that I possess my mental faculties. I felt that G.o.d was blessing me when those words were p.r.o.nounced. I was in Beauport Asylum; Dr. Roy over there knows it, but I thank the Crown for destroying his testimony. I was in the Lunatic Asylum at Longue Pointe, near Montreal, also; and would like to see my old friends, Dr. Lachapelle and Dr. Howard, who treated me so charitably. Even if I am to die, I will have the satisfaction of knowing that I will not be regarded by all men as an insane person.

TO THE COURT.--"Your honour and gentlemen of the jury, my reputation, my life, my liberty, are in your hands, and are at your discretion. I am so confident in your high sense of duty that I have no anxiety as to the verdict. My calmness does not arise from the presumption that you will acquit me. Although you are only half a jury, only a shred of that proud old British const.i.tution, I respect you. I can only trust, Judge and gentlemen, that good and practical results will arise from your judgment conscientiously rendered. I would call your attention to one or two points. The first is that the House of Commons, Senate and Ministry, which make the laws, do not respect the interests of the North-West. My second point is that the North-West Council has the defect of its parent. There are practically no elections, and it is a sham legislature."

Then, as if wandering from his subject, Riel broke forth and said:

"I was ready at Batoche; I fired and wounded your soldiers.

Bear in mind, is my crime, committed in self-defence, so enormous? Oh, Jesus Christ! help me, for they are trying to tear me into pieces. Jurors, if you support the plea of insanity, otherwise acquit me all the same. Console yourselves with the reflection that you will be doing justice to one who has suffered for fifteen years, to my family, and to the North-West."

Riel concluded as follows, his language containing a strange admixture of the words applied to him by the medical experts, which he ingeniously turned against the Government:

"Your honours and gentlemen of the jury:--I am taking the circ.u.mstances of my trial as they are. The only thing to which I would respectfully call your attention before you retire to deliberate is the irresponsibility of the Government. It is a fact that the Government possesses an absolute lack of responsibility, an insanity complicated with a.n.a.lysis. A monster of irresponsible, insane government, and its little North-West council, had made up their minds to answer my pet.i.tions by surrounding me, and by suddenly attempting to jump at me and my people in the fertile valley of the Saskatchewan. You are perfectly justified in declaring that having my reason and sound mind, I acted reasonably and in self-defence, while the Government, my aggressor, being irresponsible, and consequently insane, cannot but have acted madly and wrong; and if high treason there is, it must be on its side, not on my part."

At the conclusion of Riel's lengthy address, MR. CHRISTOPHER ROBINSON, Q.C., closed the case for the Crown in a powerful speech, which went far to counteract the sympathetic effect produced by Riel's disconnected but eloquent oration. Mr. Robinson pointed out that no evidence was produced to show that the prisoner had not committed the acts he was charged with. From the evidence it was quite clear the prisoner was neither a patriot nor a lunatic.

If prisoner was not responsible for the rebellion, who was? The speaker went over the evidence and showed that Riel's acts were not those of a lunatic, but well considered in all their bearings, and the deliberate acts of a particularly sound mind. The evidence as to Riel's confinement in an asylum nine years ago was not satisfactory. Why was he sent there under an a.s.sumed name? Why was the record of his case not produced along with the other papers, and a statement of his condition when leaving the asylum? Medical men were not always the best judges of insanity. Taking up the evidence against the prisoner, Mr. Robinson went over it in detail, and said no mercy should be shown one who had committed such acts. He pictured the terrible results if Riel had succeeded in his effort to rouse the Indians, The reason the prisoners Poundmaker and Big Bear had not been put in the witness box, was that they could not be asked to give evidence that would incriminate themselves.

MR. JUSTICE RICHARDSON then read over the evidence to the jury, after which the court adjourned.

THIRD DAY'S PROCEEDINGS.

[Footnote: This abstract of the final day's proceedings we take from the Toronto _Mail_.]

The court resumed its sittings on the morning of the 1st of August, at the usual hour, and Col. Richardson continued his charge to the jury He read all the princ.i.p.al evidence, commenting thereon, and finally charged the jury to do their duty without fear or favour.

THE VERDICT.

When the jury returned with the verdict at 3.15 p.m., after exactly one hour's deliberation, the prisoner, who had been on his knees in the dock praying incessantly, rose and stood facing the six men who came in bearing for him the message of life or death.

The CLERK of the Court, amid a silence so intense that, like the darkness of Egypt, it could be felt, asked if the gentlemen of the jury had agreed upon their verdict?

MR. COSGROVE, the foreman, answered in a low tone, but heard distinctly in the general hush, "We have!"

The CLERK then asked: "Is the prisoner guilty or not guilty?"

Everyone but the prisoner seemed anxious. He alone of all those present, eager to hear the message of fate, was calm.

The Foreman replied: "Guilty, with a recommendation to mercy!"

Riel smiled as if the sentence in no way affected him, and bowed gracefully to the jury.

THE PRISONER'S SPEECH.

COL. RICHARDSON asked the prisoner if he had anything to say why the sentence of the Court should not be pa.s.sed upon him?

RIEL replied: Yes, your honour. Then he began, in a low, calm voice to detail the story of the half-breeds in Manitoba, and spoke at length of the rebellion of '69.

He said that if he had to die for what had taken place, it would be a consolation to his wife and to his friends to know that he had not died in vain. In years to come people will look at Manitoba and say that Riel helped the dwellers of those fertile plains to obtain the benefits they now enjoy. He said it would be an easy thing for him to make an incendiary speech, but he would refrain.

He said that G.o.d had given him a mission to perform, and if suffering was part of that mission, he bowed respectfully to the Divine will, and he was ready to accept the task, even if the end should be death. Like David, he had suffered, but he lacked two years of the time that David suffered. The prisoner then went into the history of the Red River rebellion at great length. He claimed that he had ruled the country for two months for the Government, and his only reward was a sentence of exile. The troubles in the Saskatchewan, he said, were but a continuation of the troubles of the Red River, and the breeds feel that they are being robbed by the Government, which has failed to carry out the treaty promises that had been made to them. The breeds sustained their rights in '69 by arms, and the people of Manitoba are enjoying the results to-day. The people of Saskatchewan only followed the same precedent, and he trusted that the same results would follow. He then spoke at great length of the part played by Sir John Macdonald, Sir George Cartier, and Bishop Tache in the Red River rebellion. The money that had been given to him and to Lepine on leaving the country had been accepted, he said, as part of what was justly their due. The whites were gradually crowding out the Indians and the Metis, and what was more natural and just than for them to take up arms in defence of their rights? He justified his claims to $35,000 by saying that it was offered to him to keep out of the country for three years.

The English const.i.tution, he said, had been perfected for the happiness of the world, and his wish to have the representatives of the different nations here was to give people from the countries of the Old World an opportunity of enjoying the blessings G.o.d had given England. G.o.d had given England great glory, but she must work for that glory or it would surely pa.s.s away. The Roman Empire was four hundred years in declining from its proud pre-eminence, and England would be in the same position; but before England faded away a grander England would be built up in this immense country. His heart, while it beat, would not abandon the idea of having a new Ireland, a new Germany, a new France here; and the people of those countries would enjoy liberties under the British const.i.tution which they did not obtain at home. If he must die for his principles, if the brave men who were with him must die, he hoped the French-Canadians would come and help the people to get back what was being unjustly wrenched from them. Peace had always been uppermost in his thoughts, and it was to save the country from being deluged with blood later on that they strove for their rights now. He concluded by objecting to the jury and the decision of the Court, and asked that he be not tried for the alleged offences of this season, but that his whole career be put on trial, and the jury asked to give a decision as to whether his life and acts have in any way benefited the country or not.

THE SENTENCE.

Mr. CHRISTOPHER ROBINSON moved for the sentence of the Court.

Judge RICHARDSON then said: "Louis Riel, you are charged with treason. You let loose the flood gates of rapine and bloodshed, and brought ruin and death to many families, who, if let alone, were in comfort and a fair way of affluence. For what you did you have been given a fair and impartial trial. Your remarks are no excuse for your acts. You committed acts that the law demands an account for at your hands. The jury coupled with their verdict a recommendation to mercy. I can hold out no prospect for you, and I would recommend you to make your peace with G.o.d. For me, only one duty and a painful one to perform remains. It is to pa.s.s sentence upon you. If your life is spared, no one will feel more gratified than myself, but I can hold out no hope. The sentence of this Court upon you, Louis Riel, is that you be taken to the guard-room of the Mounted Police of Regina, whence you came, and kept there until September the eighteenth, and from thence to the place of execution, there to be hanged by the neck until dead, and may the Lord have mercy upon your soul!"

Riel never moved a muscle, but, bowing to the Court, said:--"Is that on Friday, your Honour?"

He was then taken from the Court-room, and a few minutes after was driven back, under strong escort, to the guard-room,

AN APPEAL.

After sentence had been pa.s.sed upon Riel, Mr. Fitzgerald, one of prisoner's counsel, gave notice of appeal for a new trial to the Court of Queen's Bench, Manitoba. The appeal case was heard at Winnipeg on the 3rd and 4th days of September before Chief Justice Wallbridge and Mr.

Justice T. W. Taylor.

M. LEMIEUX, chief counsel for Riel, raised the old issue as to informality of the trial before the Stipendiary Magistrate at Regina, and contended that the magistrate was incompetent to try the case.

Mr. FITZPATRICK followed. He held that the Treason-Felony Act was one of Imperial jurisdiction, and he questioned if it had delegated any power to the colonial authorities to legislate away any rights enjoyed by the subjects of the British Empire. He dwelt strongly upon the insanity question, and said the jury were convinced of the prisoner's lunacy, hence their recommendation to mercy.

Mr. EWART also strongly questioned the jurisdiction of the Court at Regina and cited several authorities in support of his argument.

Mr. ROBINSON, on behalf of the Crown, in an able address, strongly combated the idea that the Court at Regina was not legally const.i.tuted, and cited cases in support of his contention. He also dwelt at length on the insanity plea, showing the absurdity of the contention that Riel was insane.

Mr. Osler and Mr. Aikens followed on the same side, supplementing the arguments of the previous speaker as to the const.i.tutionality of the Court, and cited a number of authorities adverse to the insanity plea.

NEW TRIAL REFUSED.

At Winnipeg, on the 9th September, at a sitting of the full Court of the Queen's Bench of the Province of Manitoba, judgment was delivered in the appeal for a new trial for the prisoner Riel.

His Lords.h.i.+p Chief Justice Wallbridge first delivered judgment. He referred briefly to the facts brought before the Court and the statutes by which the stipendiary magistrates are appointed in the North-West and to the powers given them for the trial of the cases before them alone, and to the cases, including treason, which have to be tried before a magistrate with a justice of the peace and a jury of six. His Lords.h.i.+p held that the const.i.tutionality of the Court is established by the statutes pa.s.sed, which he cited. If the Act pa.s.sed by the Dominion Parliament was, as claimed by the defence, _ultra vires_, it was clearly confirmed by the Imperial Act subsequently pa.s.sed, which made the Dominion Act equal to an Imperial Act. The objections were to his mind purely technical and therefore not valid. His opinion therefore was that a new trial should be refused, and the conviction of the Superior Court was therefore confirmed.

Mr. Justice Taylor followed, dealing fully with the arguments brought forward by the prisoner's counsel. On the question of the delegation of the power to legislate given to the Dominion Parliament, he held that the Dominion Parliament has plenary powers on all subjects committed to it. He reviewed fully all the facts relating to the admission of Rupert's Land to the Dominion, and to the statutes pa.s.sed for the government of Rupert's Land and Manitoba when formed as a province. After a critical examination of the evidence in the case, he was unable to come to any other conclusion than that to which the jury had come. The evidence entirely fails to relieve the prisoner from responsibility for his acts. A new trial must be refused and the conviction must be confirmed.