The Story of Louis Riel: the Rebel Chief Part 16

Killed at Poundmaker's Reserve:--

Private Arthur Dobbs, Battleford Rifles; Bugler Foulks, School of Infantry; Corporals Laurie and Sleight, and Trumpeter Burke, Mounted Police; Privates Rogers and Osgoode, Governor-General's Foot Guards; Teamster Winder, of Regina.

Wounded at Poundmaker's Reserve:--

Col-Sergt. Cooper, in the hip, Private G. Varey, in the shoulder, Private Lloyd, in the shoulder, and Private G.

Watts, in the thigh, Queen's Own Rifles. Lieut. Pelletier, in the thigh, Sergt. Gaffney, in the arm, Corporal Morton, in the groin, and Gunner Reynolds, in the arm, "B" Battery.

Sergt. Winters, in the face, Private McQuillan, in the side, Governor-General's Foot Guards. Sergt. Ward, in the shoulder, Mounted Police. Sergt.-Major s.p.a.ckman, in the arm, Bugler Gilbert, in the arm, Infantry School.

Killed at Batoche:--

Gunner Wm. Phillips, "A" Battery, Quebec; Private T, Moor, No. 3 company, Royal Grenadiers, Toronto; Capt.

John French, scout; Capt. Brown, scout; Lieut. Fitch, 10th Royal Grenadiers, shot through the heart; W. P.

Krippen, of Perth, a surveyor; Private Haidisty, 90th Winnipeg Battalion; Private Fraser, 90th Winnipeg Battalion.

Of the foregoing the last six were killed on Monday, the first on Sat.u.r.day, and Private Moor on Sunday.

Wounded at Batoche:--

Tenth Royal Grenadiers:--Major Dawson, slightly in the ankle, able to limp about; Capt. Manley slightly in the foot; Capt. Mason flesh wound in the thigh; Staff Sergt.

T. M. Mitch.e.l.l, slight wound in the eye; Private R. Cook in the arm; Private G. Barbour, slight scratch in the head; Private G. W, Quigley, flesh wound in the arm; Private J. Marshall in the calf; Private H. Wilson, slight wound across the back; Bugler, M. Vaughan, in the finger; Private Scovell, slight flesh wound; Private Stead, slight flesh wound; Private Cantwell.

The 90th Battalion:--Corp. Gillies, Sergt.-Major Watson, Private O. A. Wheeler, Private Young, Sergt. Jackes, Private M. Erickson, Private Kemp.

Surveyor Scouts:--Lieut Garden.

Capt. French's Scouts:--Trooper Cook.

"A" Battery:--Driver Jas. Stout, Gunner Fairbanks, Gunner Charpentier, Gunner Twohey.

Midland Battalion:--Lieut. Geo. Laidlaw, Lieut. h.e.l.liwell, Corp. h.e.l.liwell, Private Barton.

Meanwhile the campaign goes on, and we know not what tidings any day may bring forth. There is no use now in having long discussions as to whose shoulders should bear the responsibility of all the devastation, terror, misery and blood; the duty of the hour is to put an end to the Rebellion. Riel must be captured at any cost; so, too, must Dumont. Men so strongly a menace to public peace as Riel and his bad and fearless ally, Dumont, must not be given the opportunity again of covering the land with blood. There must be a pretty wholesome hanging in the North-West, and the gentlemen whom the authorities must give first attention to are the two villains just named, Poundmaker, Big Bear, Little Pine, Lucky Man, and those b.l.o.o.d.y wolves who perpetrated the butcheries at Frog Lake.

I have said that this is not the place to discuss at length the question of the Government's responsibility for this blood, and sorrow, and misery. Neither is it.

Yet one and all believe, though thousands will belie their convictions, that there has been a criminal mismanagement of these half-breed people by the authorities at Ottawa.

I have been obliged to show that in the past, many of our French co-patriots bestowed a most astonishing and unjustifiable sympathy for Riel. I am glad to be able to say that in the present case, while censuring the Government for its indifference to the grievances of the half-breeds, they have no word of justification for the murderous apostle of tumult. Bishop Langevin, brother of the Hon the Minister of Public Works, issued a pastoral, in which there was no uncertain sound. He called upon the faithful sons of the country within his diocese to come forward and join hands against a cause of tumult, destruction and murder.

THE TRIAL AND EXECUTION OF LOUIS RIEL.

On the 20th of July the Court met, when Riel was formally arraigned, the clerk reading the long indictment. In reply to the interrogation whether the prisoner pled guilty to the charge of treason, his counsel rose and took exception to the jurisdiction of the Court. The plea entered by the defence was to the affect that the presiding stipendiary magistrate was incompetent to try a case involving the death penalty, and urged that Riel should be tried by one of the duly const.i.tuted courts in Ontario or in British Columbia. Mr. Christopher Robinson, Q.C., for the Crown, asked for an adjournment for eight days, to prepare a reply to the plea, which was granted. The Court then adjourned to the 28th instant.

On the re-opening of the Court, counsel expressed themselves ready to proceed. Only a few minutes were taken up in selecting a jury. Twelve persons were called, five of whom were peremptorily challenged by the defence, and one by the Crown. The remaining six were sworn in to try the prisoner at the bar. Their names are as follows: --H. J. Painter, E. Everett, E. J. Brooks, J. W.

Merryfield, H. Dean, and F. Crosgrove. During the selection of the jury, it is observed by a correspondent of _The Mail_, to whom we shall be indebted for the reports of the trial, in making the present abstract, "that Riel anxiously watched the face of every man as he was selected and sworn, as though he could read their inmost thoughts as they took the oath."

After reading the indictment to the jury, Mr. B. B. Osler, Q.C., opened the case for the Crown, in which he explained the nature of the charge against the prisoner, whose career he traced through the successive steps of the rebellion, and indicated the weight and character of the evidence to be brought against its wicked instigator and chief leader. The plea of the defence of the incompetence of the Court to try the case, was first answered by the learned counsel, who remarked, that the character, and composition of the Court, as well as the provision for the trial of capital offences by a jury of six men instead of twelve, were in harmony with the Dominion Law enacted for the Government of the Territories, and that the Dominion Parliament had the right, under the British North America Act, to make that law. "The absence of the Grand Jury was explained, on the ground that such juries were essentially county organizations, and were impossible in large districts with small and scattered populations." The same reason explained the limiting of the jury to half the usual number. It was also stated that the Crown deemed it unwise, if indeed it were not impossible, to issue a Special Commission for the trial of the prisoner.

Mr. Osler proceeding said, that Riel not only aided and abetted the illegal acts of the rebels, but directed these acts.

"The testimony he claimed," says a writer in _The Ill.u.s.trated War News_, "was abundantly sufficient to bring home to the prisoner his guilt in the charges against him. He (Mr. Osler) read the doc.u.ment in Riel's handwriting to Crozier, in which Riel threatened a war of extermination against the whites, and traced the prisoner's conduct afterwards to show that he had tried to carry out that threat. It was no constructive treason that was sought to be proved, but treason involving the shedding of brave men's blood. The accused had been led on, not by the desire to aid his friends in a lawful agitation for redress of a grievance, but by his inordinate vanity and desire for power and wealth."

"The first overt act of treason was committed," continued Mr. Osler, "when the French half-breeds were requested by Riel to bring their arms with them to a meeting to be held at Batoche on March 3rd. This indicated that the prisoner intended to resort to violence. On the 18th instant they find him (Riel) sending out armed men and taking prisoners, including Mr. Lash, the Indian agent of the St. Lament region, and others, also looting the stores at and near Batoche, stopping freighters and appropriating their freight. A few days later the French half-breeds were under arms, and were joined by the Indians of the neighbourhood, who were incited to rise by the prisoner. On the 21st inst. Major Crozier did all he could to get the armed men to disperse, but directed by Riel, they refused to do so, and taking their orders from him, they continued in rebellion. He held a doc.u.ment in his hands, in the prisoner's handwriting," added Mr.

Osler, "which contained the terms on which Fort Carlton would be spared attack by the surrender and march out of Major Crozier and the mounted police. This doc.u.ment was never delivered, but was found with other papers in the rebel council chamber after the taking of Batoche. It was said in this notification to Crozier that the rebels would attack the police if they did not vacate Carlton, and would commence a war of extermination of the white race. This doc.u.ment was direct evidence of the treasonable intentions of the prisoner. Ten days previously Riel declared himself determined to rule or perish, and the declaration was followed by this demand. It would be said that, at last, when a clash of arms was imminent, Riel objected to forcible measures; but this doc.u.ment was a refutation of that a.s.sertion. At Duck Lake the prisoner had taken upon himself the responsibility of ordering his men to fire on the police. At Fish Creek, if Riel was not there, he directed the movement, and was therefore responsible. On the day of the fight he went back to Batoche to finish the rifle-pits. In the contest at Batoche the prisoner was seen bearing arms, and giving such directions as would show that he was the main mover.

His treatment of the prisoners, his letters to Middleton, and other doc.u.ments would show Riel's leadership. A letter found in Poundmaker's camp would show his deliberate intention of bringing on this country the calamity of an Indian war. All this would be proven, and it would be shown that the prisoner had not come here to aid his friends in the redress of grievances, but in order to use the half-breeds for his own selfish ends." Mr. Osler closed with a reference to the death and suffering which had been caused by the ambition of one man, and impressed upon the jury the grave responsibility they were charged with in bringing his crime home to the prisoner.

The first witness called by the Crown was DR. WILLOUGHBY, of SASKATOON. After having been sworn, witness said that the prisoner had stated to him that the Fort Garry trouble, when Scott had been shot, was nothing to what was going to take place. He said that the Indians only waited for him to strike the first blow to join him, and that he had the United States at his back. He seemed greatly excited, and said:--"It is time, doctor, that the breeds should a.s.sert their rights, and it will be well for those who have lived good lives." A party of armed men then drove up, and Riel said, pointing to them, "My people intend striking a blow for their rights. They have pet.i.tioned the Government over and over again, the only reply being an increase of the police force each time."

The Indians, he said, had arranged their plans, and when the first blow was struck they would be joined by the American Indians. They would issue a proclamation, and a.s.sert that the time had arrived for him to rule the country or perish in the attempt. He promised to divide the country into seven equal portions, one of which was to be the new Ireland of the new North-West. He said the rebellion of fifteen years ago was not a patch on what this would be.

THOS. McKAY, a loyal half-breed, was next called, who testified that he joined the Volunteer contingent from Prince Albert which formed part of Major Crozier's command at Duck Lake. Previous to that engagement he accompanied Mr. Hillyard Mitch.e.l.l in his mission to Batoche, where the rebels had their headquarters. His object in going to Batoche was to point cut to the French half-breeds the danger they were getting into in taking up arms. On arriving at the village he was met by an armed guard who conducted him, with Mr. Mitch.e.l.l, to the rebel council room, where he was introduced to Riel "as one of Her Majesty's soldiers." We here quote part of the examination, by Mr. Christopher Robinson, of this Witness.

Q.--Who introduced you to the prisoner?

A.--Mr. Mitch.e.l.l introduced me to Mr. Riel as one of Her Majesty's soldiers.

Q.--That is Mr. Hillyard Mitch.e.l.l?

A.--Yes. I shook hands with Mr. Riel and had a talk with him. I said, "There appears be great excitement here, Mr. Riel." He said, "No, there is no excitement at all; it was simply that the people were trying to redress their grievances, as they had asked repeatedly for their rights; that they had decided to make a demonstration."

I told him it was a very dangerous thing to resort to arms. He said he had been waiting fifteen long years and that they had been imposed upon, and it was time now, after they had waited patiently that their rights should be given, as the poor half-breeds had been imposed upon.

I disputed his wisdom and advised him to adopt different measures.

Q.--Did he speak of himself at all in the matter?

A.--He accused me of having neglected my people. He said if it was not for men like me their grievances would have been redressed long ago, that as no one took an interest in these people he had decided to take the lead in the matter.

Q.--Well?

A.--He accused me of neglecting them. I told him it was simply a matter of opinion, that I had certainly taken an interest in them, and my interest in the country was the same as theirs, and that I had advised them time and again, and that I had not neglected them. I also said that he had neglected them a long time if he took as deep an interest as he professed to. He became very excited, and got up and said, "You don't know what we are after--it is blood, blood; we want blood; it is a war of extermination. Everybody that is against us is to be driven out of the country." There were two curses in the country--the Government and the Hudson Bay Co. He further said the first blood they wanted was mine. There were some little dishes on the table, and he got hold of a spoon and said, "You have no blood, you are a traitor to your people, your blood is frozen, and all the little blood you have will be there in five minutes"--putting the spoon up to my face, and pointing to it. I said, "If you think you are benefiting your cause by taking my blood, you are quite welcome to it." He called his people and the committee, and wanted to put me on trial for my life, and Garnot got up and went to the table with a sheet of paper, and Gabriel Dumont took a chair on a syrup keg, and Riel called up the witnesses against me.

At this juncture Riel was called away to attend a committee meeting of the rebel government. Subsequently, by the mediation of Hillyard Mitch.e.l.l, Riel's wrath at McKay was placated, and he was allowed to return to Fort Carlton with his intercessor. Before leaving, Riel apologized to McKay for what he had said to him, and asked him to join the insurgents, which witness, of course, would not do, being a loyal half-breed and a volunteer in the ranks of the Prince Albert contingent with Crozier at Fort Carlton.

McKay then detailed the incidents of the disastrous engagement with the rebels at Duck Lake, and gave strong testimony to criminate Riel, which the counsel for the defence utterly failed to shake.

The next witness WAS JOHN ASTLEY, surveyor of PRINCE ALBERT, who was long prisoner of Riel's at Batoche, and the rebel chief's messenger on the day of the taking of the village by the loyal forces under Middleton. The witness gave a vivid description of his capture and imprisonment by Riel, and his subsequent release by the volunteers at Batoche. Riel acknowledged to him that he ordered his men in the name of the Almighty to fire at Duck Lake. He did not do so, however until, as he thought, the police had fired. Riel told him he must have another fight with the soldiers to secure better terms of surrender from Gen. Middleton.

SECOND DAY OF THE TRIAL.

The second day of the Riel trial brought out sufficient evidence to incriminate the prisoner, and to lead the Crown prosecutors to waive the calling of other witnesses.

During the proceedings the prisoner, it is reported, manifested more interest than he did on the first day of the trial, and his dark penetrating eye restlessly wandered from witness to counsel, and from bench to jury. "All day long a couple of medical men sat watching his actions, to discover, if possible, whether his mind was affected or not." His disagreement with his counsel towards the close of the day, caused an exciting break in the proceedings.

GEORGE KERR, of Kerr Brothers, BATOCHE, was the first witness sworn. He testified that on the 18th of March, Riel, with some fifty armed half-breeds, came to his store, and demanded, and obtained, all his guns and ammunition. His store was sacked, and later on he was himself taken prisoner, but was subsequently released.

Riel, he testified, directed the rebel movements in concert with Gabriel Dumont.

HARRY WALTERS, another storekeeper at BATOCHE, was then examined, and gave similar testimony as to the sacking of his store, and of Riel's demand for arms and ammunition.