The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-10-18
VICTORIOUS 0RANGENEN.
All the Montreal Prisoners
Discharged.
JUSTICE RAMSAYS CHARGE.
Nothing to Prove the Yellow
Men Criminal.
INSTRUCTIVE PROCEEDINGS
[pY TELEGRAPH TO THE urnALp.1

[DY TELEGRAPH TO THE HERALD.1
MONTREAL Oct. II, 1878.
SO great was the crowd of spectators attic Orange
mems trial all through the day that the police SQUAD
on duty experienced difficulty in kcepins
the people OF tho small space reserved
for the counsel and the privileged few I'm.
mediately in front OF His Honor Judge RAM
says desk. The defendants, 1vo in number, including
David Grant, the District Grand Master. accom-.
modated with seats near their counsel and watched
the proceedings with pathetic indifference. The
counsel for the prosecution were Edward Carter,
Queens Counsel. and Mr. Bernardo for the defence,
Mr.. Joseph Doutre, @. c., and Hon. Mr.. Abbott,
Q c. Tho witnesses called wore Major Edward
Bond, Colonel George Smith, Dunbar Brown, Hugh
Scott and Andrew McNally, all OF whom rclused to
answer those questions which tended to dvulgc the
OF the lodge, tor the reason that they could not
DO expected to criminatc themselves Tho evidence
OF tho for the prosecution altogether
failed to prove charge Of unlawful assembly and
tho case fell through
THE JUDGES CHARGE
Judge Ramsay IN directing the jury to acquis,
said the case Is ono arising out of the unfortunate
troubles OF tho 18th OF July. Tho indictment is un-
dor the common law which declares that when mon
assemble Win the intention Of obtaining object,
oven be It lawful one, by unlawful means, tho ass
scmbly shall be deemed unlawful IL was, In short
language, an indct mont Tor holding an unlawful
assembly. Had they proceeded 10 do nm unlawful
thing they would not have been indicted for holding
unlawful assembly, bu. for the action carried out
SO careful was tho law that IL prohibited not only
action but bics calculated TO provoHe breach
Of the peace. II stringent law but wise one.
Now in this there not titc OF evidence to
show that It was an unlawful meeting or that the
Orange Order IS an unlawful society. This is not
charged In tho Indictment has tnoro boen any
attempt TO prove They not feared as tho
perpetrators OF unlawful acts. but were exposed TO
the unlawful acts Of others Ill doing what as Tar a.
WI u
ORANGE PROFESSIONS NOT ILLEGAL.
Tho Orange procession Is ridiculous one, dressed
out in those trumperies which gve offence TO some
persons. IL without meaning and without object
But then II people objected 70 number Of persons ap-
pearng IN tho street arraycd IN tinscl and orange
ribbons, those who objected 10 such demonstration
not obliged to expose themselves to DO offended
and might remained at homo So Tar he
know an Orange procession was not illegal, though
it might DO indscreet. We are told that there
Mercer more moderately says two thousand I. Is to
be hoped that there are not moro than two thousand
Well wo must inquire, Was The act 81 the Orangomon
In assembling criminal actY nave spared no
trouble know this matter was to como up for
trial in studying tho case, and must toll you that u
was not q criminal act
THE MAYOR SUSTAINED. .a
The conduct OF the Mayor has been un necessarily
brought into the case, and as such Is the tho
Court may refer H. II may DO open to criticism Or
his right but his bounden duty 10 adopt any
means possible Tor tho maintenance OF peace.
as he did. There wase no occasion 90
doubt tho Mayors honesty and sincere purpose. II
he could dispense tho larger crowds, as he says
he could not he did well In dispensing tho smaller
one, and thus avoidinga collision between two SEQ
tons Of Her Majesty's subjects. Tho law did not
place exact limit to tho power OF q Mayor,
bu. he mad as much right to dispense those
people rs a common policeman had TO stop .
mailman who wished to throw himself into the river
demanded interference Ho concluded by saying that
tho learned counsel Tor the prosecution with all thelr
re5carch had not been able to bring against
tho do an q
support the indictment preferred HIS Honor having
presented tao case TO the jury the form was Observed
the Jurors and declared tho defendants to bo
not guilty OF participating in an unlawful assembly.
TEST CAsR.
Tho trial OF David Grant was then proceeded with
on the second Indictment, charging him with being
member of an Illegal society. mixed French and
dcncc Of several OF the witnesses. who had testified
In the first case, adduced, and as these again 70.
wore In tho secrets Of Tho order, nothing
to support the accusation could DC elected further
than that defendants had bccn seen wearing what
was supposed 10 DC the rcgalia tho Orange Order
The did not 90 TO the jury, as Judge Ramsey 10.
this Tho counsel Tor tho prosecution Abandoned the
aud HIS Honor proceeded TO instruct the jury 10
acquit, observing TINT the charges against the DC:
icndant that he had taken unlawful oath and
that no had made an agreement not TO divulgo any
thing that took place IN the lodge Now, II was noe
cssary to prove that David Grant belonged to the
Loyal Orange Association OF British North America
and that he made an illegal agreement
DESTITUTE OF PROoF.
It was charged in the Indictment that no was q
momber OF tho association, whilo the evidence I'D.
duced wont merely 10 show, II anything that do.
PENDANT member OF local Orange lodge OF this
city, which proved to BIO connected with the
orange ASSOCIATION There proof that he
q momber OF the National, Association mentioned,
although thare plenty OF proof that he
did belong TO some association. Tho witnessed
had all refused to answer any question that might
throw light the subject, lost they should crimnate
themselves nor was thcrc any evidence preferred 10
prove that the laws Of the Orange Society mentioned,
made 1t Illegal society. As thoro was no proof,
thon defendant must be acquitted Tho defendant
then discharged.
FAILURE OF THE PROSECUTION
Mr.. DUutrc asked II tho same charge against thd
other dccndants would DO proceeded with; TO which
Mr.. Carter replied that hc desired postponcmont OF
tho other untn tomorrow to gvo tEom IN OPP
porunity OF consulting the private prosecutors Hc
added that he would advise hem to discontinue fur-
tho court adjourned. Mr. Grant received tho con-
gratulatons Of his friends, and SO ends this cause
c6tye The test OF tho Legality OF the Orange process.
sions having reached this stage II Is question
whether tho Orangcmcn will attompt another public
demonstrators next 18th OF July.
4 THE QuEBEc LEGISLATIVE BfrSDER.
Tho Legislature ut Quebec have passed law since
hiblting party professions, but making special
ccption favor OF religious PROFESSIONS. IL Is tho
opinion oil several eminent counsel that the Legisa
ture ovorstepped It's powers In passing
this law whlio others express the opinion that tho
saving clause Is fatal to the BILL and that II
the oran gcmcn walk with "a Clergyman and an opon
bibe NJ head Of the coregc fhey will como within
iy OF the Orange Association Will Also II IL certain,
como up In tho Dominion Parliament next session,
where tho ssus Will DO fought out by tho champions
on both sides.