pened during the second week in October,
when he attempted to press one of the old charges against Collins. The
defendant appealed to Judge Sherwood, who occupied the bench,
representing that his counsel was not in Court, and that he had never
been arraigned. The Attorney-General replied that the absence of the
defendant's counsel was not the fault of the Crown, and that he had been
arraigned at the spring Assizes. The latter statement was denied by the
defendant, and upon referring to the Clerk of Assize it appeared that
there had been no arraignment. Next day the Attorney-General again
attempted to force on the trial, but as it was clear that the defendant
had not been arraigned the latter now claimed the right to traverse. As
this right was indisputable it was conceded by the Court, the result
being that the defendant was entitled to have the trial held over until
the next sittings, which would not take place until the following
spring. The Attorney-General, however, was entitled to demand that the
defendant should find security, and promptly urged his demand. Collins
knew that were he to find the required security it would embarrass him
in the conduct of his paper, and stated that he would prefer to be tried
at once rather than adopt such an alternative. He was accordingly tried,
and, though the prosecution was pressed against him with all the vigour
at the Attorney-General's command, he was acquitted by the jury.

But the Attorney-General was not the man to allow his prey to escape him
while any chance remained of securing a conviction. A fresh indictment
was laid against him for a personal libel upon the Attorney-General
himself. Collins, in reporting the trial which had just resulted in his
acquittal, had accused the Attorney-General of "open palpable
falsehood," and "native malignancy," and had referred to Judge Hagerman
as "our old customer." This report had been published at full length in
the _Freeman_, and it was the ground of the prosecution now instituted.
The defendant laboured under the same compulsion with regard to security
as before, and elected to stand his trial at once, which was precisely
what the Attorney-General desired. The indictment, which may still be
seen among the records at Osgoode Hall, was a truly formidable
instrument, and set out the offence with great prolixity. The trial took
place on Saturday, the 25th, before Mr. Justice Sherwood, who, in
charging the jury, inveighed against the de