ns. It is to pass 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 passed 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 constituted, 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 constitutionality 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.
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