North American. [volume] (Swanton, Vt.) 1839-1841, 1839-10-16
sWANToN, VT. OCTOBER l6. 1899.

n
were preparing for the march, when il was
reported, 10 them that a SPY was in their
nelghborhood. They Immediately resov.
cd That he should not GO UNPUBLISHED, and
he met his just reward But the news
OF The defeat al ST. Charles soon spread
through Lacodie, and Mr.. Nicolas and
Others were obliged TO seek refuge 10 fight
He remained concealed I'LL the 10Th Jan.
following, on which day he was made pri-
soner by Mr.. McGilIvray, Justice of the
peace Of Henryville, who had CHANGED
to learn his place Of concealment. He
was taken to Montreal jail, charged
with the murder of the spy of which we
have just spoken. We have discussed the
question in Mr.. Daunais' Biography, (No.
II whetheri il was actual murder TO punish
spy according 10 the customs of all ma
tons, who comes within the precints of
camp to spy out the situation and force
OF the opposing army The laws Of al
nations are decidedly in favor Of inAictng
the most ignominious death on such cul-
prlts; & those who punished this spy with
death, acted in accordance with the known
usages of war.
When Lord Durham granted what he
called general amnesty, MIR. Nicolas with
several others was excepted from the bene-
tit Oft, because he had been unjustly accus--
ed oflHe murder Of the spy, Chartrand. His
trial took place at Montreal in the crimi-
nal Court on the 9Th and 18th of August,
1888. OF his personal appearance a
pamphlet now before Us says: " FRANCOIS
Nicolas is man about 40 years of age,
of stature above the middle size, very
stout, dressed in black, with blue stripes up.
on his pantaloons; he has whiskers and his
hair is a little greyish: his department
is noble and decent; his features denote
shrewdness and frmness: his manners
are easy but without any show. He lis
tens very attentively 10 the reading Of
the Indictment and to all that is said.
A very slight emotion of pity or in
dignation can be easily perceived on his
lips each time that the Clerk Of the -Court
pronounces the following words " melted
by The tastigation of the devil" an old
worn out and il-timed formula; and which
denotes the feuda origin oc the criminal
code by which we are now governed.
The Solicitor Generals object before the
petty jury was to establish (what was not
true that Mr.. Nicolas was the principal
in Chartrand's murder. Every one ac-
quainted with the prominent part this
martyr of liberty had taken 10 the support
and diffusion OF liberal principles, is not as
tonished to find that all the wrath and
persecution Of the ofice-hoders was con-
centrated on Mr.. Nicolas head. In his
speech the Solicitor General said that
a" nothing could justify Mr. Nicolas, that
he acted as a commanding officer, that he
had taken upon himself 10 give orders
which he had seen executed, and that
thereby he had caused the death of his
fellow creature" No measures, however
disgraceful, were neglected By his enemies
10 ensure lis condemnation. His life was
aimed at, and at whatever price, the gov
eminent officers were determined TO make a
bloody sacrifice of it on the scaffold. The
unhalowed zeal Of his enemies led them to
make witness of VIM. McGillvray, who
was one OF the very Grand Jury that found
a bill oil Indictment against him, and who
Of all Others, was most inveterate agains,
him, and most interested in his conviction.
Before proceeding any further, let US see
what was Mr.. Nicolas character in the
estimation of those who knew him during
many years. Mr.. Abraham Bechard, a
very wealthy and respectable farmer Of
Lacadie, gave his testimony as follows:
As 10 Mr.. Nicolas, he is generous man,
with an irTeproachable character" Dir.
Dersneau, Captain Of Militia, and very
much respected in the Parish of Ste. Mar
euerite de Bairfndie, spoke OF Mr. Nico-
las character in the following terms: