North American. [volume] (Swanton, Vt.) 1839-1841, 1840-09-02


Mf. Franklin lawyer of Quebec.
The following persons were sworn as
petty jurymen:
John BIackwood James Irvine.
John Crawford, James Orkney. =
John Painter, James N. Goddard.
David Munro, Henry Gull.
John Mure. Robert Murosb.
John Jones, George Symes.
The indictment brought against the
prisoner consisted Of two principal heads,
each Of which was supported by fourteen
overt acts. The FIRST accusation was for
having conspired the Kings death: the
second for having passed into the rank Of
the Kings enemies. The orert acts were
detailed as follows:
LIST. That the prisoner conceived the
project with divers unknown persons, Of
soliciting the Kings enemies to invade the
Province.
end. That he did solicit The Kings
enemies TO invade the Province.
Srd. That he did conspre with the
Kings enemies 10 excite rebellion in the
Province.
4h. That he did conspire with divers
unknown persons 10 aid and assist, aud TO
sed uce the Kings subjects in aiding and
assisting the enemies in an invasion of the
Province.
5th. That he excited and solicited sew
eral of the Kings subjects to join in the
premiditated rebellion and to assist the
enemy in the projected invasion.
9Th. That he excited and solicited divers
persons (who were not subjects) to levy
war against the King in the Province and
to assist the enemy 10 the intended inva-
sion.
7th. That for that purpose he did really
hire several persons.
9Th. That he projected with others to
introduce arms and munitions into the Pro-
vince.
9th. That he took information on
the disposition OF the Kings subjects to-
wards the government with the intention
OF making il known TO the enemy.
10th. That he made himself acquainted
with the force at Montreal, and also with
the means by which that city might be in
vested by the enemy, with the intention
to make it known 10 the enemies.
I1th. That having the information and
knowledge mentioned in the two last above
orert acts, he left the Province so as TO
communicate them TO the enemy.
18th. That he re-entered cIandestinely
the Province under the fictitious name Of
Jacob Felt.
18th. That he conceived the project OF
surprising the fortress and garrison Of One
bee, putting inhumanely to death the
Kings subjects, and Of delivering the city
into the hands Of the enemies.
18th That with this view and inten-
ton he entered into the city of Quebec
on the 10Th Of Nav last.
The Attorney General OF the Province
Mr.. Jonathan Sewell, who, Tor the great
services he had rendered the Colonial Adj
minlstraton in helping TO carry on this
foul, judicial murder, was afterwards crea-
ted Chief Justice Of the Province, made
an address to the petty jury, in which al
ter having extolled The immense blessings
OF the glorious constitution under which
the Canadians were then so happily living,
drew vivid and touching picture Of the
hideous crime Of High Treason, Of which
crime David McLsne, the prisoner a, the
bar, stood charged, in having tried TO de-
liver up the Province 10 The arms OF the
French Republic. To substaniiate The
accusations which were brought against the
accused, the Attorney General said thai
he had several witnesses among which