Chapter 15

After the defeat of the police and civilians at Duck Lake, Riel and Dumont felt thoroughly confident of being able to deal with the forces which they were apprised the Canadian Government would send into the field against them. They held many long consultations together, and in every case it was Dumont who laid down the details of the military campaign. "These Canadian soldiers," he would say, "can not fight us here. We will entrench ourselves in positions against which they may fire cannon or gatling guns in vain. They are not used to bush-fighting, and will all the time expose themselves to our bullets. Besides, distances here are deceptive; and in their confusion they will make the wildest sort of shooting." It was decided that the rebel forces should make their main stand at an advantageous position, which Dumont had accidentally observed one day when he was out elk-stalking three years ago. This place, he assured his chief seemed to be intended by nature for a post of defence. It lay a short distance from Batoche's Crossing.

"But my idea is to engage them several times with portions of my force; gradually to fall back, and then fight at my final ground the battle which shall decide who is master in these territories, the half-breeds or the Canadian volunteers."

All this while General Middleton, with his brave fellows, had been making one of the most laborious marches recorded in modern wars. Perhaps the worst portion of the march was around the dismal reaches of Lake Superior. I take an extract from correspondence to the Toronto _Mail_. "But the most severe trial was last night's, in a march from Red Rock to Nepigon, a distance of only seven miles across the ice, yet it took nearly five hours to do it. After leaving the cars the battalion paraded in line. A couple of camp fires served to make the darkness visible. All the men were anxious to start, and when the word was given to march, it was greeted with cheers. It was impossible to march in fours, therefore an order was given for left turn, quick march. We turned, obedient to the order, but the march was anything but quick. Then into the solemn darkness of the pines and hemlock the column slowly moved. Each side being snow four feet deep, it was almost impossible to keep the track, and a misstep buried the unfortunate individual up to his neck. Then it began raining, and for three mortal hours there was a continuous down pour. The lake was reached at last, to the extreme pleasure of the corps. The wildness of the afternoon and the rain turned the snow into slush, at every step the men sank half a foot. All attempts to preserve distance were soon abandoned by the men, who clasped hands to prevent falling. The officers struggled on, arms linked, for the same purpose. Now and then men would drop in the ranks, the fact only being discovered by those in the rear stumbling over them. Some actually fell asleep as they marched. One brave fellow had plodded on without a murmur for three days. He had been suffering, but through the fear of being left behind in the hospital refrained from making his case known. He tramped half-way across last night's march reeling like a drunken man, but nature gave out at last, and with a groan he fell on the snow. There he lay, the pitiless rain beating on a boyish upturned face, until a passing sleigh stopped behind him. The driver, flashing his lantern in the upturned face, said he was dead. 'Not yet, old man,' was the reply of the youth, as he opened his eyes. 'I'm not even a candidate for the hospital yet.'"

The following description of the Great Salt Plains, as given by a _Globe_ correspondent, is also worth reproducing: "The Great Salt Plains open out like broad, dreary marsh or arm of the sea, from which the tide has gone out. For about thirty-five miles the trail stretches in a north-westerly course across this dismal expanse, and away to the south-west, as far as the eye can reach, nothing save marsh grass, flags, bullrushes, and occasionally clumps of marsh willows can be seen. North-east of the trail scattering bluffs of stunted grey willows cluster along the horizon, and at one point along the trail, about midway of the plain, is found a small, solitary clump of stoneberry bushes, not more than thirty yards long, five or six feet in width, and only three or four feet high." The objective point of Major-General Middleton's march was Batoche's Crossing, where Riel had several large pits sunk, and fortifications thrown up, for a grand and final encounter with our troops. The line of march lay sometimes along the Saskatchewan's banks, but more frequently through the open prairie. The position of the rebels prior to the battle was this: Dumont, with 250 half-breeds and Indians, had been retreating slowly before General Middleton's right column on the east bank of the river, their scouts keeping them informed of the General's movements. Dumont appears to have thought of waiting for the troops to attack him on Thursday night; at least that is the belief of the scouts, who saw some of his mounted men signalling to him all afternoon on Thursday. However that may be, he lay waiting for our men at the edge of a big _coulee_ near Fish Creek, early on Friday morning, his forces being snugly stowed away behind boulders, or concealed in the dense everglades of hazel, birch, and poplar. From day to day, almost from hour to hour, this veteran buffalo hunter had learned every tidings of the General's troops that keen observation made from clumps of bush along the prairie could give him. So when he learnt that the General himself, with his officers, were near at hand, his eyes fairly gleamed with enthusiasm.

"My men," he said, as he went from covert to covert, from bluff to bluff, "you know the work that lies before you; I need not repeat it to you. Do not expose yourself, and do not fire unless you have a tolerable target." Then he arranged a system of signals, chiefly low whistles and calls, by which the men would be able to know when to advance, retire, lie close, make a dash, or move from one part of the ground to another.

"They will at first fall into an ambush," he said, "then, my men, be nimble. In the panic there will be a rich harvest for you. Bring down the General if you can. Wherever an officer is in range, let him have a taste of your lead in preference to the privates." Then he lay close and watched, and listened, many times putting his ear to the ground. At last he gave an exclamation. It was in a whisper; but the silent rebels who lay there, mute as the husht trees around them, could well hear the words, "they come!"

Let me now briefly describe the position which the rebel had chosen for himself. About five miles from McIntosh's stand two bluffs, about five hundred yards apart, thickly wooded on the top. Between these bluffs is a level open prairie that extends backward about a thousand yards, across which there runs a deep ravine, thickly timbered at the bottom.

Now, on the morning of Friday, the twenty-fourth of April, General Middleton, who was still on the march to Batoche's, was riding with his staff, well in front. With him was Major Boulton's Horse, who acted as scouts. As they were passing the two bluffs named, suddenly the crack of musketry rang out upon the prairie. Major Boulton now perceived that he had fallen into an ambush. At the same time that deadly balls and buck-shot came whistling and cutting spitefully through the air, there arose from both bluffs the most diabolical yelling. For miles over the silent prairies could these murderous yells be heard. Nor were the rebel balls fired without effect. Captain Gardner fell bleeding upon the ground, and several of the men had also fallen.

General Middleton, who had been some little distance in the rear was speedily apprised of the surprise, and dashing on toward the rebels' hold he met Boulton's Horse retiring for reinforcements. Then "A" Battery, the 90th regiment, and "C" Company, Toronto, with enthusiastic cheering, began to cry out: "Show us the rebels!"

In a little while the firing became general, and our men struck out extending their formation as they neared the edge of the _coulee_, from which puffs of smoke were already curling up. Twenty of Dumont's men, with Winchesters, fired over a natural shelf or parapet protected by big boulders. The column was divided into two wings, the left consisting of "B" and "F" Companies of the 90th, with Boulton's mounted corps, and the right of the rest of the 90th, "A" Battery, and "C" School of Infantry. The left wing, "F" company leading, came under fire first. As the men were passing by him; Gen. Middleton shouted out:

"Men of the 90th, don't bend your heads; you will soon be there; go in, and I know you'll do your duty."

The men were bending down, partly to avoid the shots and partly because they were running over the uneven, scrubby ground. Colour-Sergeant Mitchell, of "F" company (one of the famous Wimbledon Mitchells), displayed great coolness, and afterwards did good execution with a rifle when the troops had entered the bush. "A," "C," and "D" Companies of the 90th, with "A" Battery and the School of Infantry, were on the right, the whole force forming a huge half-moon around the mouth of the _coulee_. The brush was densely thick, and as rain was falling, the smoke hung in clouds a few feet off the muzzles of the rifles.

Here the 90th lost heavily. Ferguson was the first to fall. The bandsmen came up and carried off the injured to the rear, where Dr. Whiteford and other surgeons had extemporized a small camp, the men being laid some on camp-stretchers and some on rude beds of branches and blankets. "E" company of the 90th, under Capt. Whitla, guarded the wounded and the ammunition. General Middleton appeared to be highly pleased with the bearing of the 90th as they pushed on, and repeatedly expressed his admiration. He seemed to think, however, that the men exposed themselves unnecessarily. When they got near the _coulee_ in skirmishing order, they fired while lying prostrate, but some of them either through nervousness or a desire to get nearer the unseen enemy, kept rising to their feet, and the moment they did so Dumont's men dropped them with bullets or buckshot. The rebels, on the other hand, kept low. They loaded, most of them having powder and shot bags below the edge of the ravine or behind the thicket, and then popped up for an instant and fired. They had not time to take aim except at the outset, when the troops were advancing.

Meanwhile the right wing had gone into action also. Two guns of "A" Battery, under Capt. Peters, dashed up at 10:40 o'clock, and at once opened on the _coulee_. A couple of old barns far back to the right were knocked into splinters at the outset, it being supposed that rebels were concealed there; and three haystacks were bowled over and subsequently set on fire by the shells or fuses. Attention was then centred on the ravine. At first, however, the battery's fire had no effect, as from the elevation on which the guns stood, the shot went whizzing over it. Dumont had sent thirty men to a small bluff, covered with boulder and scrub, within 450 yards of the battery, and these opened a sharp fire. The battery could not fire into this bluff without running the risk of killing some of the 90th, who had worked their way up towards the right of it. Several men of "A" were struck here. The rebels saw that their sharpshooters were causing confusion in this quarter, and about twenty of them ran clear from the back of the ravine past the fire of "C" and "D" companies to the bluff, and joined their comrades in a rattling fusillade on "A." Fortunately, only a few of them, had Winchesters. "A" moved forward a little, and soon got the measure of the ravine. The shrapnel screeched in the air, and burst right in among the brush and boulders, smashing the scraggy trees, and tearing up the moss that covered the ground in patches. The rebels at once saw that the game was up in this quarter, though they kept up a bold front and seldom stopped firing except when they were dodging back into new cover. In doing this they rarely exposed themselves, either creeping on all fours or else running a few yards in the shelter of the thicket and then throwing themselves flat on the ground again, bobbing up only when they raised their heads and elbows to fire.

The shrapnel was too much for them, and they began to bolt towards the other side of the ravine, where our left wing was peppering them. This move was the first symptom of weakness they had exhibited, and Gen. Middleton at once took advantage of it and ordered the whole force to close in upon them, his object apparently being to surround them. The rebel commander, however, was not to be caught in that way. Instead of bunching all his forces on the left away from the fire of the artillery, he sent only a portion of it there to keep our men busy while the rest filled off to the north, retiring slowly as our two wings closed on them. Dumont was evidently on the look-out for the appearance of Col. Montizambert's force from the other side of the river.

The general advance began at 11.45 a.m., Major Buchan of the 90th leading the right wing, and Major Boswell of the same corps the left. When the rebels saw this a number of them rushed forward on the left of the ravine, and the fighting for a time was carried on at close quarters, the enemy not being over sixty yards away. An old log hut and a number of barricades, formed by placing old trees and brushwood between the boulders, enabled them to make it exceedingly warm for our men for a time. At this point several of the 90th were wounded, and General Middleton himself had a narrow escape, a bullet going through his fur hat. Captains Wise and Doucet, of Montreal, the General's Aide-de-camps, were wounded about this time. "C" infantry behaved remarkably well all through, and bore the brunt of the general advance for some time, the buckshot from the rebels doing much damage. The rebel front was soon driven back, but neither here nor at any other time could the rebels' loss be ascertained. The Indians among them, who were armed with guns, appeared to devote themselves mainly to shooting the horses. A good many Indians were hit, and every time one of them was struck the others near him raised a loud shout, as if cheering. The troops pressed on gallantly, and the rebel fire slackened, and after a time died away, though now and then their front riflemen made a splurge, while the others made their way back. Captain Forrest, of the 90th, headed the advance at this point, Lieutenant Hugh J. Macdonald (son of Sir John Macdonald), of this company, who had done excellent service all day, kept well up with Forrest, the two being ahead of their men, and coming in for a fair share of attention from the retreating rebels. Macdonald was first reported as killed and then as wounded, but he was not injured, though struck on the shoulder by spent buckshot. Forrest's hat was shot off. At 12.50 the rebels were far out of range, going towards Batoche's, and the Battle of Fish Creek was practically over. [Footnote: I am chiefly indebted to the Toronto _Mail_ for the foregoing account of the battle.]

During the battle, many instances of the greatest bravery are recorded. Private Ainsworth, of the 90th, was seen to leap upon the shoulders of a savage, who, in company with another, had endeavoured to cross the flat land and get shelter, wresting his gun and felling him to the earth with the butt of it, then securing the rifle firing at and killing the other Indian. While doing this, he was exposed to the fire of a score of guns, getting riddled with buck-shot and being struck with bullets. But the greatest daring and bravery were exhibited by Watson, of the Toronto School of Infantry. Finding it impossible to dislodge the enemy, he rushed headlong for the ambuscaded half-breeds, followed by a score of his comrades whom it was impossible to control. The war-cries of the Indians, the huzzas of the troops, and the rattle of musketry fairly echoed for miles, as evidenced by the statements of the west side contingent upon arriving on the scene. Watson paid the penalty of his daring by death, while the narrow escape of many others were remarkable. The utmost bravery all the while was displayed by our troops. When a man fell his comrade would pause for a moment, and say:

"I hope you are not badly hurt," and then again look out for the enemy. Some of the men who received only slight wounds were anxious to remain in the fight, but their officers insisted that they should be taken to the rear, and attended to by the surgeons. Upon couches made of boughs, and covered with blankets, the brave young fellows were placed; and many of them submitted to probings and painful management of wounds without making a murmur. They seemed not to be concerned for themselves, but went on all the while enquiring as to how it was "going with the boys."

General Middleton, himself a veteran soldier, expressed as I have already stated, his admiration for the bravery of all the men who were engaged. There was no bolting, even in the face of heavy fire; no shrinking, although _one man in every eight_ had been struck by the enemy's shot or bullets. Major Boulton had many narrow escapes, while he was standing for a moment, a hail of buckshot came whistling by his ear, burying itself into his horse, which was killed instantly. The Scouts, known as Boulton's Horse, under this brave officer, bore very gallantly their portion of the battle's brunt. Half-breads and Indians had orders from their leaders to shoot down horses as well as men; and Dumont frequently said, that the mounted men were the only ones of the force of the enemy for which he cared anything. Several of the horses were shot, and many of the men were riddled with buck-shot, but they bravely stood their ground. In the night, when the weary were sleeping after the hard day's work, dusky forms could be seen by the light of the moon, creeping stealthily towards where slept the gallant Scouts. The Guard heard a crackle, and turning, perceived three pairs of eyes gleaming with ferocity in the shadow of a clump of poplars.

"Qui vive?" he cried, and raised his rifle; but before he could take aim, three shots rang out through the still night, and he fell dead, pierced by as many bullets. There was a general alarm through the camp, but no eye could detect the form of a Rebel. They were safe among the shadows in the ravine. In the few moments of silent horror that ensued after the commission of the murder, three diabolical yells sounded from the ravine, and far over the moon-lit prairies. Then divers voices were heard in the bluffs, and down in the gorge. These came from Dumont's men, who jeered, and cried that they hoped the soldiers enjoyed the pastime of watching their dead.

On the following day, the bodies of the brave young fellows who had fallen, after being decently, and decorously disposed in death, were brought to the graves hollowed out in this far-away wilderness by the hands of old comrades. It was a very sad spectacle indeed. The death of brave soldiers is always mournful to contemplate; but war is the _trade_ of regulars, and they expect death, and burials in distant sod. But war is not the trade of our volunteer soldiers. They are mere young fellows, of various pursuits of life, and death and burial away from home lose nothing of their sorrowful surroundings, because the taking off has been at the hands of rebel murderers. General Middleton conducted the ceremonies; and here upon the wide, husht prairie, which will soon deck the graves with flowers, they were laid away. The brave young fellows who faced the Rebels' shot and ball without failing, faltered now, and many of them wept copious tears.

On the following day, General Middleton began to make ready for his march toward Batoche's, where the Rebels' stronghold is located. Meanwhile the following sick and wounded have been left at the hospital at dark's Crossing, under the care of Dr. Orton: Captain Clark; Privates Hislop, Harris, Stovel, Matthews, Code Jarvis, Canniff, Lethbridge, Kemp, Bruce; Captain Gardner; Privates Perrin, King, Dunn, McDonald, Cummings, Jones, R. Jones, Wilson, Morrison, Woodman, Imrie, Asseline, Lailor; Sergeant Mawhinney, Private Wainwright.

The following is a list of the killed and wounded from the outbreak of the Rebellion to the close of Colonel Otter's engagement with Pound maker, Big Bear and other Indian bands:--

Killed at Prince Albert:--

Constable T. G. Gibson; Constable G. P. Arnold; Constable Garrett; Capt. John Morton; W. Napier; C. Page; James Blakey; J. Napier Elliott; Robert Middleton; D. Mackenzie; D. McPhail; Charles Newitt; Joseph Anderson; Alexander Fisher.

Wounded at Prince Albert:--

Capt. Moore; A. MacNab; Alex. Stewart; Inspector J. Howe; Corporal Gilchrist; S. F. Gordon; A. W. Smith; J. J. Moore; A. Miller.

Killed at Frog Lake:--

T. T. Quinn, Indian Agent at Frog Lake; Father Fafard; Father Marchand; John Delaney, Farm Inspector; J. A. Gowanlock; Mrs. Gowanlock; Charles Gouin; William Gilchrist; Two Lay Brothers; John Williscraft; James K. Simpson, and two Hudson Bay men made prisoners, and probably murdered by Frog Lake Indians.

Killed at Fort Pitt:--

Constable Cowan, N. W. M. P.

Wounded at Fort Pitt:--

Constable Lonsley, N. W. M. P

Killed at Fish Creek:--

Lieut. Swinford, 90th; Private Hutchinson, No. 1 Company, 90th; Private Ferguson, No. 1 Company, 90th; Private Ennis, No. 4 Company, 90th; Gunner Demanolly, "A" Battery; Arthur Watson, School of Infantry; D'Arcy Baker, Mounted Infantry; Gunner Cook, "A" Battery; Wheeler, 90th; Ainsworth, "A" Battery,

Wounded at Fish Creek:--

Capt. Clarke, 90th; Capt. Wise, A. D. C.; Lieut. Doucett, A.D.C; Lieut. Bruce, M. I.; Capt. Gardner, M. I.; Private C. F. King, M. I.; Private H. P. Porin, M. I.; Private J. Langford, M. I.; Gunner Asseline, "A" Battery; Gunner Emeye, "A" Battery; Bombardier Taylor, "A" Battery; Sergeant-Major Mawhinney, "A" Battery; Driver Harrison; Private H. P. Wilson; Private E. Mannsell; Private Walter Woodman; Private R. H. Dunn, School of Infantry; Private H. Jones, School of Infantry; Private R. Jones, School of Infantry; Col.-Sergt. Cummings, School of Infantry; Corporal Lethbridge, 90th; Private Kemp; Corporal Code; Private Hartop; Private Blackwood; Private Canniff; Private W. W. Matthews; Private Lovell; Private Cane, 10th Royals; Private Wheeeling, 10th Royals, knee dislocated; Private Hislop, 90th; Private Chambers, 90th; Corporal Thecker, 90th; Private Bouchette, 90th; Private Swan 90th; Corporal Brown.

Killed at Battleford:--

Frank Smart, shot on picket.

Killed by Indians:--

John Walkinshaw and Albert Harkness.

Killings and Woundings elsewhere:--

Sergeant Snyder, injured by explosion at Peterboro; Lieut. Morrow, accidentally shot; Private Moberley, broken arm; Kelsey, Midland Battalion, jumped from train, probably lost; G. H. Douglass, injured by fall from horse; Marwich, Halifax Battalion, died from exposure, a member of the 9th (Quebec) Battalion, died from exposure; Farm Instructor Payne; Barnez Fremont, rancher, Achille Blois, 9th Quebec, died from fever.

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 Spackman, 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 Saturday, 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. Mitchell, 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. Helliwell, Corp. Helliwell, 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 bloody 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 constituted 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 Illustrated War News_, "was abundantly sufficient to bring home to the prisoner his guilt in the charges against him. He (Mr. Osler) read the document 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 document 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 document 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 document 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 document was a refutation of that assertion. 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 documents 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 assert 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 petitioned 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 assert 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 Mitchell 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. Mitchell, 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. Mitchell introduced me to Mr. Riel as one of Her Majesty's soldiers.

Q.--That is Mr. Hillyard Mitchell?

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 Mitchell, 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. On his refusing to accede to the demand of the prisoner and the breeds with him, Riel said, "You had better do it quietly. If we succeed, I will pay you; if not, the Dominion Government will." I refused, said Walters, and they forced themselves in and took the arms. I was arrested shortly after. Riel said the movement was for the freedom of the people. The country, if they succeeded, was to be divided, giving a seventh to the half-breeds, a seventh to the Indians, a seventh to church and schools, the remainder to be Crown Lands. I was kept prisoner three days, being liberated by Riel. Riel said, God was with their people, and that if the whites ever struck a blow, a thunderbolt would destroy them. They took everything out of my store before morning, the prisoner superintending the removal of the goods.

HILLYARD MITCHELL sworn, was examined by Mr. Osler. He said--I am an Indian trader, have a store at Duck Lake; heard there was an intention by rebels to take my store. I went to Fort Carlton and saw Major Crozier on the Thursday prior to the Duck Lake fight; saw prisoner on that Thursday at Batoche. Saw some people at the river armed. At the village I saw some English half-breed freighters who had been taken prisoners by Riel, and their freight also taken. Philip Garnot took me to the priest's house. I saw the prisoner there with Charles Nolin, Guardupuy and others. I think this was on the 19th of March. I told Riel that I had come to give some advice to the half-breeds. Riel said the Government had always answered their demands by sending more police. They were willing to fight 500 police. He said he had been trampled on and kept out of the country, and he would bring the Government and Sir Jonn Macdonald to their knees.

THOMAS E. JACKSON was next examined by Mr. Osler, and deposed that he was a druggist, at Prince Albert, and a brother of Wm. Henry Jackson, an insane prisoner of Riel's. Riel, witness testified, asked him to write to the eastern papers, placing a favourable construction on his (Riel's) actions. Riel had made an application to Government for $35,000 as indemnity for loss of property; he showed the greatest hatred to the English, and his motives were those of revenge for ill-treatment at the time of the Red River rebellion. Having questioned Riel's present motives and plans, witness was taken prisoner and placed in close confinement. Riel afterwards accused me of having advised an English half-breed to desert. When Middleton was attacking Batoche, Riel came to witness and told him if Middleton killed any of their women and children he would massacre the prisoners. He wrote a message to Middleton to that effect, and I carried it to the General. (The message was produced and identified by witness). I did not return to the rebel camp. Saw the prisoner armed once after the Fish Creek fight. Riel was in command at Batoche, Dumont being in immediate command of the men. I know prisoner's handwriting. (The original summons to Major Crozier to surrender, the letter to Crozier asking him to come and take away the dead after Duck Lake fight, a letter to "dear relatives" at Fort Qu'Appelle, a letter to the half-breeds and Indians about Battleford, a letter to Poundmaker, and other documents were put in and identified by witness as being in Riel's handwriting).

Cross-examined by Mr. Fitzpatrick--The agitation was for provincial rights and their claims under the Manitoba treaty, and I was in sympathy with it. Riel was brought into the country by the French half-breeds. I attended a meeting at Prince Albert immediately after Riel's arrival in June, 1884. Riel said what they wanted was a constitutional agitation, and if they could not accomplish their ends in five years they would take ten to do it. Riel was their adviser; was not a member of the Executive Committee. Up to March last, from all I heard prisoner say or discovered otherwise, I believed Riel meant simply a constitutional agitation, as was being carried on by the other settlers. Riel had told him the priests were opposed to him, and that they were all wrong. Heard Riel talk of dividing up the country to be bestowed on the half-breeds, Poles, Hungarians, Bavarians, etc. When I was Riel's prisoner I heard him talk of this division, which I thought meant a division of the proceeds of sale of lands in a scheme of immigration. This was altogether different from what he had all along proposed at the meetings. All the documents Riel signed that I know of were signed "Exovide" (one of the flock). Riel explained that his new religion was a liberal form of Roman Catholicism, and that the Pope had no power in Canada. Think Riel wanted to exercise the power of the Pope himself. These expressions were made by Riel after the rebellious movement was begun.

GENERAL MIDDLETON was now called, and was examined by Mr. C. Robinson, Q.C. He testified that he was sent by the Minister of Militia to quell the outbreak on the Saskatchewan, and gave the well-known details of his encounter with the rebels at Fish Creek, and of his subsequent movement on Batoche. He testified to receiving two letters from Riel on the day of the capture of Batoche, in one of which Riel threatened to massacre the prisoners in his possession if he (Middleton) fired upon the half-breed women and children. The letter was produced in Court, and identified by the General.

CAPT. GEO. H. YOUNG, of the Winnipeg Field Battery, deposed that he was present at Batoche as Brigade Major under the last witness, and was in the charge at the close. Witness was first in the rebel council chamber after the capture of the village, and found and took possession of the rebel archives. A number of documents were produced, which witness recognised as those he had secured. After Riel's surrender he was given into witness's custody and taken to Regina.

MAJOR JARVIS, in command of the Winnipeg Field Battery during the campaign, and to whom the charge of the papers found at Batoche was confided, identified the papers produced in Court.

MAJOR CROZIER, of the N.-W. Mounted Police, was next sworn, and detailed the fact that he was met by an armed force of rebels at Duck Lake and fired upon, losing many of his command in killed and wounded. He testified that, subsequent to this engagement, a man named Sanderson brought him a letter from Riel asking him to come and remove his dead from the field.

CHARLES NOLIN was next called, and was examined by Mr. Casgrain in French. The deposition of this witness we take from the Toronto _Globe_. Nolin deposed that he lived in St. Laurent and formerly in Manitoba. He knew when Riel came to this country in July, 1884. And met him many times. Riel showed him a book he had written in which he said he would destroy England, and also Rome and the Pope. Riel spoke to him of his plans in December, expressing his wish for money, a sum between ten and fifteen thousand dollars. Riel had no plan to get it, but he wanted to claim an indemnity from the Dominion Government; that they owed him $100,000. Riel told him he had had an interview with Father Andre, and at that time he was at open war with the clergy, but had made peace with Father Andre in order to gain his ends. Riel went into the church with Father Andre and other priests, and promised to do nothing against them, and Father Andre had promised to use his influence with the Government to secure an indemnity of $35,000. This was in the beginning of December, 1884, the agreement being made at St. Laurent. Between December and February 14th, witness had taken part in seven meetings. Riel said if he could get the money from the Government he would go wherever the Government would send him--to the Province of Quebec or elsewhere. Otherwise, he said, before the grass was very long, they would see foreign armies in Canada. He would begin with subduing Manitoba, and afterwards turn against the North-West. Prisoner afterwards prepared to go to the United States, and told the people it would look well if they attempted to prevent him from going. Riel never had the intention of leaving the country, but wanted witness to get the people to tell him not to go. Witness was chairman of a meeting which was held, and brought the matter up. On the 2nd March a meeting was held at the settlement between Riel and Father Andre. There were seven or eight half-breeds there. Prisoner appeared to be very excited, and told Father Andre he must give him permission to proclaim a Provisional Government before 12 o'clock. On the 3rd March a meeting was held for the English half-breeds. About forty armed French-half-breeds came there. Riel spoke and said the police wanted to arrest him, but he had the real police. Witness spoke also at the meeting on the 5th of March. Riel afterwards told witness he had decided to take up arms and induce the people to take up arms for the glory of God, the good of the Church, and the saving of their souls. About twenty days before the prisoner took up arms witness broke entirely from him. On the 19th witness was made prisoner by four of Riel's men and taken to the church, where he found some half-breeds and Indians armed. That night he was taken before the council and was acquitted. Riel protested against the decision. Witness was condemned to death, and he was thus forced to join the rebels to save his life. The conditions of surrender to Crozier were put in his hands to be delivered to Crozier, but he did not deliver the letter. Riel was present at the Duck Lake fight, on the 26th March, and was one of the first to go out to meet the police, carrying a cross in his hands.

Cross examined by Mr. Lemieux.--I have taken an active part in political affairs of the country. In 1869 I was in Manitoba. In 1884 Riel was living in Montana with his wife and children. I participated in the movement to bring Riel here; believed Riel would be of advantage in obtaining redress of the grievances. The clergy had not taken part in the political movement, but had assisted them in obtaining their rights. They thought it was necessary to have Riel as a point to rally round. Delegates were sent to invite Riel to come, and he came with his wife and family. A constitutional political movement was made, in which the half-breeds of all creeds took part, and the whites, though they were not active promoters, were sympathizers. Did not believe Riel ever wanted to return to Montana, although he spoke of it. After the Government refused to grant the indemnity to Riel witness did not believe he would be useful as a constitutional leader. It was after the indemnity was refused that Riel spoke of going away. Witness denied that in 1869 he started an agitation with Riel, and then, as in the present case, abandoned him. He only went as far as was constitutional. He had heard prisoner say he considered himself a prophet, and said he had inspiration in his liver and in every other part of his body. He wrote upon a piece of paper that he was inspired. He showed witness a book written with buffalo blood, which was a plan that after Riel had taken England and Canada, Quebec was to be given to the Prussians, Ontario to the Irish, and the North-West to be divided among the various nationalities of Europe, the Jews, Hungarians, and Bavarians included. The rebel council had first condemned witness to death, and afterwards liberated him, and he accepted a position in the council in order to save his life. Witness said that whenever the word police was mentioned Riel became very excited, having heard that the Government had answered their petitions for redress by sending 500 extra police.

At this part of the cross-examination of Nolin, the proceedings were interrupted by an excited clamour of Riel, to be allowed to interrogate the prisoner, and to assist personally in the conduct of his case. This the Court could only allow with the consent of prisoner's counsel. His counsel objected, and urged that such a proceeding would prejudice their client's case; but Riel persisted, and the rest of the day was wasted in fruitless altercation, which neither the Court nor the counsel for the Crown could allay. The chief cause of Riel's excitement seemed to be the determination of his counsel to press the plea of insanity, a plea which, throughout the trial, Riel strongly objected to be urged on his behalf. The Court in the midst of the altercation, adjourned.

THIRD DAY OF THE TRIAL.

[Footnote: In preparing this abstract of the day's proceedings, the writer acknowledges to have drawn from the reports published in the Toronto _Globe_ and _Mail_, and the Montreal _Gazette_ And _Star_.]

The Riel trial was resumed at Regina, on the morning of July 30th, by MR. GREEN SHIELDS' addressing the jury for the defence. The Court-room was again filled to its utmost capacity. After referring to the difficulty counsel had met, in the prisoner's endeavour to obstruct their conduct of the case, Mr. Greenshields dwelt upon the history of the Indians and half-breeds in the North-West Territories, pointing out their rights to the soil. In this Court they had a different procedure from that in other parts of the Dominion, and while not desiring to be understood that the prisoner would not receive as fair a trial as the machinery provided made possible, he questioned whether a jury of six men, nominated by the presiding magistrate, was sufficient to satisfy the demands of Magna Charta,--the great bulwark of the rights and liberties of all British subjects. He believed any of the older Provinces would rebel against such an encroachment on their rights, and he did not see why such a condition of things should obtain here. For years the half-breeds had been making futile efforts to obtain their rights. All these efforts had been met by rebuffs, or had received no attention whatever from the Federal Government, and those very rights for which the half-breeds were supplicating and petitioning were being handed over to railway corporations, colonization companies, and like concerns. He would not say that the action of the Government justified armed rebellion--the shedding of blood--but it left in these poor people those smouldering fires of discontent that were so easily fanned into rebellion by a madman such as Riel. The prisoner had been invited by the half-breeds to come among them from a foreign country to assist them in making a proper representation of their grievances to the Government. They were unlettered and required an active sympathizer, with education sufficient to properly conduct the agitation. Riel was the man they chose, and there was no evidence to show that when Riel came to this country he came with any intention of inciting the people to armed rebellion. His work was begun and carried on up till January in a perfectly constitutional manner. After that time, as the jury had seen in the cross-examination of the witnesses for the prosecution, no effort was made by the defence to deny that overt acts of treason had been committed in the presence of the prisoner; but evidence would be brought to show that at the time these acts were countenanced by the prisoner, he was of unsound mind and not responsible for what he