North American. [volume] (Swanton, Vt.) 1839-1841, 1839-11-13

|
our witnesses, 10 intlmidate and deter
them from appearing in our behalf, his
false assertions cannot, by any sketch Of
charitable feeling, be attributed to q mere
LAPSE of mcmoy. The above statement,
made by John Lewis Grant and JOHN
Mcdonald, the only witnesses who have
attempted 10 impeach my character, hav-
ing been thus directly eonlradicted end
ulsproved, there remains Of record against
me but one assertion, made by Mr.. Me-
Donald. That assertion, unsupported, as
II Is, by tie testimony Of any other witt
ness would form no legal proof 10 suapori
an accusation Of this nature, even under
the very improbable supposition thai The
Court would feel disposed to give the
slightest cfedence to any portion Of Mr..
McDonald's evidence. !, therefore, await
with confidence. at your hands, Gentlemen
of the Court, that acquitial which will re-
store me 10 the arms OF an aged parent,
whose grey hairs may not, trust, 90
down in sorrow 10 the grave.
Comments Of Jean Marie Thiberi.
Gentlemen,
| am another OF the prisoners who have
been so decidedly marked out by Mr..
M'Donald, in his evidence, as having been
in arms during the whole time that he was
at Chateangay prisoner; yet, gentlemen,
strange 20 say, ! was, as have proved by
Pierre Rochon, a fugitive, and concealed
IN different parts Of the country, above the
village of ChateauRay, from the 9TH until
The 10th Of November. Ii is, however,
not astonishing, that Mr.. Donald's evil
dence should be SO fatty contfadicted res.
pecting myself, when il has been so posi-
lively set aside with regard 10 a fellow
prisoner, Ducharme, whom he distinctly
swore to have commanded the party which
proceeded 10 Lapigeonnierc on the 10Th;
although, at that very time, Ducharmc
was prisoner in the Montreal Jail.
must beg 10 be allowed, in order TO shew
the incredible character Of Mr.. M'Donald's
testimony, generally to weigh, even more
heavily than my ieow-prsoner has done,
upon that part Of his evidence; and, should
the court be of the same opinion as am,
IT must be compelled, in Justice TO the pri-
soners, IN the interests Of ruth, totally 10
reject the testimony of that witness, not
withstanding the apparent responsibility Of
his character.
You will recoect, gentlemen, that Mr.,
M'Donald calmly and coolly swoIe that
Ducharme was the one that came into the
room where he was imprisoned, and told
them that the Americans had taken Ma
pierville, ordering them, at the same time,
TO prepare to 90 ihither; that he was the
one who caused them 10 he tied two by
two, and put into carts. But, after having
ascertained that the abb was clearly
proved, he came before you again, and
stated that, owing to the hurry and coniu-
SION, and the number Of armed men, ne
might have been mistaken as 10 the person
referred 10 on that occasion. Gentlemen.
is not that too strange an absurdity 10 bs
Another individual, who comes
alone into the room, 10 relate an event Of
such Importance, who ties the witness,
who escorts him from Chateaugay 10 La.
plgeonnlere, TO be mistaken for the man
whom the witness declared he bad seen
during all the week, actively engaged, and
in the rebel ranks Gentlemen, Du-
charne'S is not face TO be mistaken Cor
another; his is not countensnce to be
easily forgotten. Mr.. M'Donald's desire
OF revenge for his own wrongs, can alone
explain his testimony. To that revenge,
Ducfarme and | were both To- be sac.i-
iced. According TO his statement we were
both drilling; we were both in arms al the
week; when, in fact { as il has been clearly
proved), the one was in prison, the other
in the woods. Thus, gentlemen,
the evidence of Mr.. M'Donald, regarding
me, being SET aside, las il must he by you
alp what remains against me!-Pierre
Reed proves that was one Of the band
that went to Caughnswaga; that | or
dered him to the Sault, and that was
armed with gun. Gentlemen, this is
false. Does this evidence sgree with that
of the two LoiseIles, both of whom proved
that, when trying TO avoid being forced 10
join the insurgents, ] was flying towards
my home, when arrested by one ViIlamme,
and forced by threats, even at the muzzle
OF gun, 10 go to the camp' Bruyere
also states that he saw me on the wsy to
the Saul, but unarmed. The evidence of
these witnesses, even though IL were not
81 contradictory as il is, would siiil, frunl
the circumstance OF their being sccomplices
10 the crime imputed 10 me, be insufficient
IN law TO convict me OF high treas on,
when unsupported, as il Is, By other iesli1
moDy. ], therefore, pray an scgullsl.
To he fonfiuAHd