Chief Justice Powell, when on the Bench, had a humorous way occasionally, of indicating by a kind of quiet by-play, by a gentle shake of the head, a series of little nods, or movements of the eye or eyebrow, his estimate of an outre hypothesis or an ad captandum argument. This was now and then disconcerting to advocates anxious to figure, for the moment, in the eyes of a simple-minded jury, as oracles of extra authority.
Nights, likewise, there would be to be described, pa.s.sed by juries in the diminutive jury-room, either through perplexity fairly arising out of the evidence, or through the dogged obstinacy of an individual.
Once, as we have heard from a sufferer on the occasion, Colonel Duggan was the means of keeping a jury locked up for a night here, he being the sole dissentient on a particular point. That night, however, was converted into one of memorable festivity, our informant said, a tolerable supply of provisions and comforts having been conveyed in through the window, sent for from the homes of those of the jury who were residents of York. The recusant Colonel was refused a moment"s rest throughout the live-long night. During twelve long hours pranks and sounds were indulged in that would have puzzled a foreigner taking notes of Canadian Court House usages.
When 10 o"clock a.m. of the next day arrived, and the Court re-a.s.sembled, Colonel Duggan suddenly and obligingly effected the release of himself and his tormentors by consenting to make the necessary modification in his opinion.
Of one characteristic scene we have a record in the books of the Court itself. On the 12th of January, 1813, as a duly impanelled jury were retiring to their room to consider of their verdict, a remark was addressed to one of their number, namely, Samuel Jackson, by a certain Simeon Morton, who had been a witness for the defence: the remark, as the record notes, was in these words, to wit, "Mind your eye!" to which the said Jackson replied "Never fear!" The Crier of the Court, John Bazell, duly made affidavit of this illicit transaction. Accordingly, on the appearance in court of the jury, for the purpose of rendering their verdict, Mr. Baldwin, attorney for the prosecution, moved that the said Jackson be taken into custody: and the Judge gave order "that Samuel Jackson do immediately enter into recognizances, himself in 50, and two sureties in 25 each, for his appearance on the Sat.u.r.day following at the Office of the Clerk of the Peace, which," as the record somewhat inelegantly adds, "he done." He duly appeared on the Sat.u.r.day indicated, and, pleading ignorance, was discharged.
In the Court House in 1822 was tried a curious case in respect of a horse claimed by two parties, Major Heward, of York, and General Wadsworth, commandant of the United States Garrison at Fort Niagara.
Major Heward had reared a sorrel colt on his farm east of the Don; and when it was three years old it was stolen. Nothing came of the offer of reward for its recovery until a twelvemonth after the theft, when a young horse was brought by a stranger to Major Heward, at York, and instantly recognized by him as his lost property. Some of the major"s neighbours likewise had no doubt of the ident.i.ty of the animal, which, moreover, when taken to the farm entered of his own accord the stable, and the stall, the missing colt used to occupy, and, when let out into the adjoining pasture, greeted in a friendly way a former mate, and ran to drink at the customary watering place. Shortly after, two citizens of the United States, Kelsey and Bond, make their appearance at York and claim the horse which they find on Major Heward"s farm, as the property of General Wadsworth, commandant at Fort Niagara. Kelsey swore that he had reared the animal; that he had docked him with his own hands when only a few hours old; and that he had sold him about a year ago to General Wadsworth. Bond also swore positively that this was the horse which Kelsey had reared, and that he himself had broken him in, prior to the sale to General Wadsworth. It was alleged by these persons that a man named Docksteader had stolen the horse from General Wadsworth at Fort Niagara and had conveyed him across to the Canadian side.
In consequence of the positive evidence of these two men the jury gave their verdict in favour of General Wadsworth"s claim, with damages to the amount of 50. It was nevertheless generally held that Kelsey and Bond"s minute narrative of the colt"s early history was a fiction; and that Docksteader, the man who transferred the animal from the United States side of the river to Canadian soil, had also had something to do with the transfer of the same animal from Canada to the United States a twelvemonth previously.
The subject of this story survived to the year 1851, and was recognized and known among all old inhabitants as "Major Heward"s famous horse Toby."
Within the Court House on Richmond Street took place in 1818 the celebrated trial of a number of prisoners brought down from the Red River Settlement on charges of "high treason, murder, robbery, and conspiracy," as preferred against them by Lord Selkirk, the founder of the Settlement. When our neighbourhood was itself in fact nothing more than a collection of small isolated clearings, rough-hewn out of the wild, "the Selkirk Settlement" and the "North West" were household terms among us for remote regions in a condition of infinite savagery, in comparison with which we, as we prided ourselves, were denizens of a paradise of high refinement and civilization. Now that the Red River district has attained the dignity of a province and become a member of our Canadian Confederation, the trial referred to, arising out of the very birth-throes of Manitoba, has acquired a fresh interest.
The Earl of Selkirk, the fifth of that t.i.tle, was a n.o.bleman of enlightened and cultivated mind. He was the author of several literary productions esteemed in their day; amongst them, of a treatise on Emigration, which is spoken of by contemporaries as an exhaustive, standard work on the subject. For practically testing his theories, however, Lord Selkirk appears to have desired a field exclusively his own. Instead of directing his fellow-countrymen to one or other of the numerous prosperous settlements already in process of formation at easily accessible and very eligible spots along the St. Lawrence and the Lakes Ontario, Erie and Huron, he induced a considerable body of them to find their way to a point in the far interior of our northern continent, where civilization had as yet made no sensible inroad; to a locality so situated that if a colony could contrive to subsist there, it must apparently of necessity remain for a very long period dismally isolated.
In 1803, Bishop Macdonell asked him, what could have induced a man of his high rank and great fortune, possessing the esteem and confidence of the Government and of every public man in Britain, to embark in an enterprise so romantic; and the reply given was, that, in his opinion, the situation of Great Britain, and indeed of all Europe, was at that moment so very critical and eventful, that a man would like to have a more solid footing to stand upon, than anything that Europe could offer.
The tract of land secured by Lord Selkirk for emigration purposes was a part of the territory held by the Hudson"s Bay Company, and was approached from Europe not so readily by the St. Lawrence route as by Hudson"s Strait and Hudson"s Bay. The site of the actual settlement was half-a-mile north of the confluence of the a.s.siniboine and Red Rivers, streams that unitedly flow northward into Lake Winnipeg, which communicates directly at its northern extremity with Nelson River, whose outlet is at Port Nelson or Fort York on Hudson"s Bay. The population of the Settlement in the beginning of 1813 was 100. Mr. Miles Macdonell, formerly a captain in the Queen"s Rangers, appointed by the Hudson"s Bay Company first Governor of the District of a.s.siniboia, was made by the Earl of Selkirk superintendent of affairs at Kildonan. The rising village was called Kildonan, from the name of the parish in the county of Sutherland whence the majority of the settlers had emigrated.
The Montreal North West Company of Fur Traders was a rival of the Hudson"s Bay Company. Whilst the latter traded for the most part in the regions watered by the rivers flowing into Hudson"s Bay, the former claimed for their operations the area drained by the streams running into Lake Superior.
The North West Company of Montreal looked with no kindly eye on the settlement of Kildonan. An agricultural colony, in close proximity to their hunting grounds, seemed a dangerous innovation, tending to injure the local fur trade. Accordingly it was resolved to break up the infant colony. The Indians were told that they would a.s.suredly be made "poor and miserable" by the new-comers if they were allowed to proceed with their improvements; because these would cause the buffalo to disappear.
The colonists themselves were informed of the better prospects open to them in the Canadian settlements and were promised pecuniary help if they would decide to move. At the same time, the peril to which they were exposed from the alleged ill-will of the Indians was enlarged upon.
Moreover, attacks with fire-arms were made on the houses of the colonists, and acts of pillage committed. The result was that in 1815, the inhabitants of Kildonan dispersed, proceeding, some of them, in the direction of Canada, and some of them northwards, purposing to make their way to Port Nelson, and to find, if possible, a conveyance thence back to the sh.o.r.es of old Scotland. Those, however, who took the northern route proceeded only as far as the northern end of Lake Winnipeg, establishing themselves for a time at Jack River House. They were then induced to return to their former settlement, by Mr. Colin Robertson, an agent of the Hudson"s Bay Company, who a.s.sured them that a number of Highlanders were coming, via Hudson"s Bay, to take up land at Kildonan. This proved to be the fact; and, in 1816, the revived colony consisted of more than 200 persons. On annoyance being offered to the settlement by the North West Company"s agent, Mr. Duncan Cameron, who occupied a post called Fort Gibraltar, about half a mile off, Mr. Colin Robertson, with the aid of his Highlandmen, seized that establishment, and recovered two field-pieces and thirty stand of arms that had been taken from Kildonan the preceding year. Cameron himself was also made a prisoner. (Miles Macdonell, Governor of a.s.siniboia, had been captured by the said Cameron in the preceding year, and sent to Montreal.) A strong feeling was aroused among the half-breeds, far and near, who were in the interest of the North West Company. In the spring of 1816, Mr. Semple, the Governor of the Hudson"s Bay Company, appeared in person at the Red River, having been apprized of the growing troubles. During an angry conference on the 18th of June, with a band of seventy men, headed by Cuthbert, Grant, Lacerte, Fraser, Hoole, and Thomas McKay, half-breed employes of the North West Company, he was violently a.s.saulted; and in the melee he was killed, together with five of his officers and sixteen of his people. Out of these events sprang the memorable trials that took place in the York Court House in 1818.
The Earl of Selkirk being desirous of witnessing the progress made by his emigrants at Red River, paid a visit to this continent in the autumn of 1815. On arriving at New York he heard of the dispersion at Kildonan, and the destruction of property there. He proceeded at once to Montreal and York to consult with the authorities. The news next reached him that his colony had been re-established, at least partially. He immediately despatched a trusty messenger, one Lagimoniere, with a.s.surances that he himself would speedily be with them, bringing proper means of protection. But Lagimoniere was waylaid and never reached his destination.
It happened, about this time, in consequence of the peace just established with the United States, that the De Meuron, Watteville and Glengarry Fencible Regiments were disbanded in the country. About eighty men of the De Meuron, with four of the late officers, twenty of the Watteville, and a few of the Glengarry, with one of their officers, agreed to accompany Lord Selkirk to the Red River. On reaching the Sault, the tidings met the party of the second dispersion of the colony, and of the slaughter of Governor Semple and his officers. The whole band at once pushed on to Fort William, where were a.s.sembled many of the partners of the North West Company, with Mr. McGillivray, their princ.i.p.al Agent. Here were also some of the persons who had been made prisoners at Kildonan.
Armed simply with a commission of a Justice of the Peace, Lord Selkirk then and there, at his encampment opposite Fort William across the Kaministigoia, issued his warrant for the arrest of Mr. McGillivray.
It is duly served and Mr. McGillivray submits. Two partners who came over with him as bail are also instantly arrested. The prisoners had been previously liberated and information was procured from them.
Warrants were then issued for the arrest of the remainder of the partners, who were found in the Fort. Some resistance was now offered.
The gate of the Fort was partially closed by force; but a party of twenty-five men instantly rushed up from the boats and cleared the way into the Fort. At the signal of a bugle-call more men came over from the encampment, and their approach put an end to the struggle. The arrests were then completed, and the remaining partners were marched down to the boats. "At the time this resistance to the warrant was attempted there were," our authority informs us, "about 200 Canadians, _i. e._, French, in the employment of the Company, in and about the Fort, together with 60 or 70 Iroquois Indians, also in the Company"s service."
The Earl of Selkirk was plainly a man not to be trifled with; a chief who, in the olden time, would have been equal to the roughest emergency.
The prisoners brought down from Fort William, and after the lapse of nearly two years placed at the Bar in the Old Court House of York, were arraigned as follows: "Paul Brown and F. F. Boucher, for the murder of Robert Semple, Esq., on the 18th of June, 1816; John Siveright, Alexander McKenzie, Hugh McGillis, John McDonald, John McLaughlin and Simon Fraser, as accessories to the same crime; Cooper and Bennerman, for taking, on the third of April, 1815, with force and arms, eight pieces of cannon and one howitzer, the property of the Right Hon.
Thomas, Earl of Selkirk, from his dwelling house, and putting in bodily fear of their lives certain persons found therein." The cannons were further described as being two of them bra.s.s field-pieces, two of them bra.s.s swivels, four of them iron swivels.--In each case the verdict was "not guilty."
The Judges were Chief Justice Powell, Mr. Justice Campbell, Mr. Justice Boulton, and a.s.sociate Justice W. Allan, Esq. The counsel for the Crown were Mr. Attorney-General Robinson and Mr. Solicitor-General Boulton.
The counsel for the prisoners were Samuel Sherwood, Livius P. Sherwood, and W. W. Baldwin, Esq.
The juries in the three trials were not quite identical. Those that served on one or other of them are as follows:--George Bond, Joseph Harrison, Wm. Harrison, Joseph Shepperd, Peter Lawrence, Joshua Leach, John McDougall, jun., Wm. Moore, Alexander Montgomery, Peter Whitney, Jonathan Hale, Michael Whitmore, Harbour Stimpson, John Wilson, John Hough, Richard Herring.
The Earl of Selkirk was not present at the trials. He had proceeded to New York, on his way to Great Britain. He probably antic.i.p.ated the verdicts that were rendered. The North-West Company influence in Upper and Lower Canada was very strong.
At a subsequent Court of Oyer and Terminer held at York, a true bill against the Earl and nineteen others was found by the Grand Jury, for "conspiracy to ruin the trade of the North-West Company." Mr. Wm. Smith, Under-Sheriff of the Western District, obtained a verdict of 500 damages for having been seized and confined by the said Earl when endeavouring to serve a warrant on him in Fort William; and Daniel McKenzie, a retired partner of the North-West Company, obtained a verdict of 1,500 damages for alleged false imprisonment by the Earl in the same Fort.--Two years later, namely, in 1820, Lord Selkirk died at Pau, in the South of France.
[Ill.u.s.tration]
[Ill.u.s.tration]
XXI.
QUEEN STREET--FROM YONGE STREET TO COLLEGE AVENUE.--DIGRESSION SOUTHWARD AT BAY STREET; OSGOODE HALL; DIGRESSION NORTHWARD AT THE AVENUE.
Leaving now the site of our ancient Court House, the spot at which we arrive in our tour is one of very peculiar interest. It is the intersection at right angles of the two great military ways carved out through the primitive forest of Western Canada by order of its first Governor. Dundas Street and Yonge Street were laid down in the first MS.
maps of the country as highways destined to traverse the land in all future time, as nearly as practicable in right lines, the one from east to west, the other from south to north. They were denominated "streets,"
because their idea was taken from the famous ancient ways, still in several instances called "streets," which the Romans, when masters of primitive Britain, constructed for military purposes. To this day it is no unpleasant occupation for the visitor who has leisure, to track out the lines of these ancient roads across England. We ourselves once made a pilgrimage expressly for the purpose of viewing the intersection of Iknield Street and Watling Street, in the centre of Dunstable, and from our actual knowledge of what Canada was when its Yonge Street and Dundas Street were first hewn out, we realized all the more vividly the condition of central England when the Roman road-makers first began their work there.
Dundas Street has its name from the Right Hon. Henry Dundas, Secretary of State for the Colonies in 1794. In that year Governor Simcoe wrote as follows to Mr. Dundas:--"Dundas Street, the road proposed from Burlington Bay to the River Thames, half of which is completed, will connect by an internal communication the Detroit and settlements at Niagara. It is intended," he says, "to be extended northerly to York by the troops, and in process of time by the respective settlers to Kingston and Montreal." In another despatch to the same statesman he says:--"I have directed the surveyor, early in the next spring to ascertain the precise distance of the several routes which I have done myself the honour of detailing to you, and hope to complete the Military Street or Road the ensuing autumn." In a MS. map of about the same date Dundas Street is laid down from Detroit to the Pointe au Bodet, the terminus on the St. Lawrence of the old boundary line between Upper and Lower Canada. From the Rouge River it is sketched as running somewhat further back than the line of the present Kingston Road; and after leaving Kingston it is drawn as though it was expected to follow the water-shed between the Ottawa and the St. Lawrence. A road is sketched, running from the Pointe au Bodet to the Ottawa, and this Road is struck at an acute angle by Dundas Street.
A ma.n.u.script note appears on the map, "The Dundas Street is laid out from Oxford to the Bay of Quinte; it is nearly finished from Oxford to Burlington Bay."
In 1799 the _Constellation_, a paper published at Niagara, informs its readers, under the date of Friday, August 2nd, in that year, that "the wilderness from York to the Bay of Quinte is 120 miles; a road of this distance through it," it then says, "is contracted out by Government to Mr. Danforth, to be cut and completed by the first of July next; and which, when completed, will open a communication round the Lake by land from this town [Niagara] with the Bay, Kingston, &c. Hitherto," the _Constellation_ continues, "in the season of winter our intercourse with that part of the province has been almost totally interrupted. Mr.
Danforth has already made forty miles of excellent road," the editor encourages his patrons by observing, "and procured men to the number sufficient for doing the whole extent by the setting in of winter. It would be desirable also," Mr. Tiffany suggests, "were a little labour expended in bridging the streams between Burlington Bay and York; indeed the whole country," it is sweepingly declared, "affords room for amendment in this respect."
It is plain from this extract that if the men of the present generation would have a just conception of what was the condition of the region round Lake Ontario seventy years ago, they must pay a visit to the head of Lake Superior and perform the journey by the Dawson road and the rest of the newly-opened route from Fort William to Winnipeg.
The _Gazette_ of December 14, 1799, was able to speak approvingly of the road to the eastward. "The road from this town (York) to the Midland District is," it says, "completed as far as the Township of Hope, about sixty miles, so that sleighs, waggons, &c., may travel it with safety.
The report which has been made to the Government by the gentlemen appointed to inspect the work is," the _Gazette_ then proceeds to say, "highly favourable to Mr. Danforth, the undertaker; and less imperfections could not be pointed out in so extensive a work. The remaining part," it is added, "will be accomplished by the first of July next." The road to which these various extracts refer, is still known as the Danforth Road. It runs somewhat to the north of the present Kingston Road, entering it by the town line at the "Four Mile Tree."
Yonge Street, which we purpose duly to perambulate hereafter, has its name from Sir George Yonge, a member of the Imperial Government in the reign of George III. He was of a distinguished Devonshire family, and a personal friend of Governor Simcoe"s.
The first grantee of the park-lot which we next pa.s.s in our progress westward was Dr. Macaulay, an army surgeon attached successively to the 33rd Regiment and the famous Queen"s Rangers. His sons, Sir James Macaulay, first Chief Justice of the Common Pleas, and Colonel John Simcoe Macaulay, a distinguished officer of Engineers, are well remembered. Those who have personal recollections of Dr. Macaulay speak of him in terms of great respect. The southern portion of this property was at an early period laid out in streets and small lots. The collection of houses that here began to spring up was known as Macaulay Town, and was long considered as bearing the relation to York that Yorkville does to Toronto now. So late as 1833 Walton, in his Street Guide and Register, speaks of Macaulay Town as extending from Yonge Street to Osgoode Hall.
James Street retains the Christian name of Dr. Macaulay. Teraulay Street led up to the site of his residence, Teraulay Cottage, which after having been moved from its original position in connection with the laying out of Trinity Square off Yonge Street, was destroyed by fire in 1848. The northern portion of Macaulay Town was bounded by Macaulay Lane, described by Walton as "fronting the fields." This is Louisa Street.
Of the memorable possessor of the property on the south side of Queen Street, opposite Macaulay Town, Mr. Jesse Ketchum, we shall have occasion to speak hereafter, when we pa.s.s his place of abode in our proposed journey through Yonge Street. The existing Free Kirk place of worship, known as Knox Church, stands on land given by Mr. Ketchum, and on a site previously occupied by a long oblong red brick chapel which looked towards what is now Richmond Street, and in which a son-in-law of his, Mr. Harris, officiated to a congregation of United Synod Presbyterians. The donor was probably unconscious of the remarkable excellence of this particular position as a site for a conspicuous architectural object. The spire that towers up from this now central spot is seen with peculiarly good effect as one approaches Toronto by the thoroughfare of Queen Street whether from the east or from the west.
_Digression Southward at Bay Street._
Old inhabitants say that Bay Street, where we are now arrived, was at the first in fact "Bear Street," and that it was popularly so called from a noted chase given to a bear out of the adjoining wood on the north, which, to escape from its pursuers, made for the water along this route. Mr. Justice Boulton"s two horses, Bonaparte and Jefferson, were once seen, we are told, to attack a monster of this species that intruded on their pasture on the Grange property a little to the west.
They are described as plunging at the animal with their fore feet. In 1809, a straggler from the forest of the same species was killed in George Street by Lieut. Fawcett, of the 100th regiment, who cleft the creature"s head open with his sword. This Lieut. Fawcett was afterwards Lieut.-Col. of the 100th, and was severely wounded in the war of 1812.
Bay street, as we pa.s.s it, recalls one of the early breweries of York.
We have already in another place briefly spoken of Shaw"s and Hugill"s.
At the second north-west corner southward, beer of good repute in the town and neighbourhood was manufactured by Mr. John Doel up to 1847, when his brewery was accidentally burnt. Mr. Doel"s name is a.s.sociated with the early post-office traditions of York. For a number of years he undertook and faithfully accomplished the delivery with his own hands of all the correspondence of the place that was in those days thus distributed. His presence at a door in the olden time was often a matter of considerable interest.