o carry out their work of death. Shall we make our
laws to please, or to restrain and punish such men?
"Not the least ignominious feature of the trial was the failure
of the jury to convict upon the clearest evidence. Their
disagreement was rebuked by Judge Lynch, and later by the
prisoners themselves pleading guilty. The murderous assault and
the terrorizing of the jury furnish all the evidence that is
requisite to justify the demand for prohibition."
The _Witness_ of March 16th contained the following, giving the
opinions of certain local papers respecting the decisions of the court
in this trial:
"The Huntingdon _Gleaner_, referring to the sentence of a month's
imprisonment passed on the defendants in the Smith assault case,
says: 'This is a most inadequate punishment. Had Kelly put more
force into the first blow he struck with his piece of lead pipe,
Smith would assuredly have been killed. The liquor men, who were
the authors of the foul deed, should have been sent to the
penitentiary.'
"Referring to the disgraceful conduct of the jurors in
disagreeing, despite Kelly's confession, the Waterloo
_Advertiser_ says: 'The jury might, at least, have brought in the
verdict of a Western jury that tried a man for assault with
intent to kill. After being out two minutes the jury filed into
court, and the foreman said: "May it please the court, we, the
jury, find that the prisoner is not guilty of hitting with intent
to kill, but simply to paralyze, and he done it." The trial has
been an expensive one to the Crown, and its inglorious ending
will hardly satisfy the public that the ends of justice have been
served and the law vindicated.'"
The following appeared as an editorial in the _Witness_ of March 27th:
"We have received many very strong expressions with regard to the
failure of justice in the matter of the cold-blooded and cowardly
attempt on the life of Mr. W. W. Smith, the President of the
Brome County Alliance. A leading citizen of the district proposes
a public demonstration to denounce the jury and judge for this
failure. As for the judge, as we said at the time, we cannot see
that he can be blamed much for the lightness of the sentence upon
a verdict for only common assault. So far as can be gathered from
the conduct of their representa
|