The New York herald., 1876-09-03
JUSTICE IN CANADA.
THE CASH OF TWO MURDERRRs WHO ESCAPED
BEFORE THK DAY OF EXECUTION AND WERE
RECAPTUEKD AFrEKwARD-A HEARING AND
REsENTENCE OF DEATH.

REsENTENCE OF DEATH.
TORONTO, Ont, Sept 2, 1876.
On the night OF tho 18th Of November las, Abel Nc
Donald, well to do farmer OF walpole township,
couaty OF Haldimand was driving homo from the city
OF Hamilton, where he had been and So load Of
grain. He passed through Caledonia village and that
was the last seen o. him alive. About hour after
and at point the road miles from that village
farmer was aroused by team stopping at his gate,
and, going out. he found McDonalds horses, and in
the bottom of the wagon box Mcdonald at the point Of
death The dying man was carried into the house,
where he expired in n short time There was wound
on the head and his pockets were empty, and both
murder and robbery suspected.
John and James William Young, unc!e and nephew,
were arrested and alter thorough investigation, con-
viccd OF murder and sentenced to be executed the
2ls OF last June They imprisoned in the county
jail at cohus from which, after attacking the keepers
and breaking their shackes, they escaped on May 2S
A WAVE OF INDIGNATION
passed over the province when this became known.
Early on the morning of July 81 the convics were cap
turcd BY strong detachment OF the Hamilton police
secretcd in barn four miles from that city and
in the immediate neghborhood o where the
foungs were born aud bred and where they
had many conucctons Along with them
two sisters named Barber who had pcrjurcd them
selves at The trial IN favor OF tho murdcrers The ugi-
tvcs had been III the locality Ter eight weeks, and had
ments attracted SUSPICION they might have escaped
detection. Their friends supplied them with clothing,
revolvers aud food and their plans TO cross INTO the
United States only aged Tor suca OF the clothes
TO be furnished Tor one OF them They were,
however,
CAPTURED BY THE POLICE,
John receiving ball in The arm before surrcnderng
Iney had determined to sell their lives dearly and had
covered the police several times with their pistols but
at the cntrea,y OF the girls des!stcd
By this time the date of execution had passed, and
the authorities were IN IA quandary how To proceed,
similar instance not being known TO Canadian courts
Recourse had to English precedens, and IL
discovered that the latest dated far back the
middle OF the last century. The practice adopted in
tDeso instances was followed, and application to
the Court OF Queens Bench wrls haDeas corpus
certiorar were issued rcturnable September =. Ac-
cordnsly tho prisoners brought before the Court
in this city to-day. Their counsel op)ected to the
jurisdiction OF the Court and to the sulciency OF the
wr,s Chief Justice Harrison ovcrrulcd the objection
and Justice Wilson concurrcd and Justice Morrison
pronounced sentence, which that the prisoners be
taken back Conuga ana there hanged the I'D OF
this mouth
THEIR TORONTO
largo crowds gathered at the stations to see them.
BESIDES being handcuilcd and manacied they
guarded by SIX coasabes and the Sheriff, and at the
law courts here large body of police was present.
The sentence or the Court is sustained by pubic
opinion, though 1t Is possible the sentence ol the
nephew, and younger prisoner, may be commutcd 10
life imprisonment Certain II Is the elder prisoner,
who, according to both their confessions, struck the
fatal blow, Will suffer the extreme penalty. While
niso been two three communications which were not,
however, sustained by either tho press the public,
ana since then the policy OF the Minister OF Jusiicc Is
not to interfere with the sentence OF tho courts.