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• John RolphFrontispiece
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• David Gibson279
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THE STORY

OF

THE UPPER CANADIAN REBELLION.

CHAPTER I.

THE BANISHED BRITON.

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I n the afternoon of a warm and sultry day, towards the close of one of the warmest and most sultry summers which Upper Canada has ever known, an extraordinary trial took place at the court-house in the old town of Niagara. The time was more than threescore years ago, when York was a place of insignificant proportions; when Hamilton could barely be said to have an existence; and when the sites of most of the other towns of the Province whose names are now familiar to us still formed part of the hunting-grounds of the native Indian. The little town on the frontier was relatively a place of much greater importance than it is at present; though its fortunes, even at that early period, were decidedly on the wane, and such glory as it could ever boast of possessing, as the Provincial capital, had departed from it long before. To speak with absolute precision, the date was Friday, the 20th of August, 1819: so long ago that, as far as I have been able to learn, there are only two persons now living who were present on the occasion. The court-room, which was the largest in the Province, was packed to the doors, and though every window was thrown open for purposes of ventilation, the atmosphere was almost stifling. Even a stranger, had any such been present, could not have failed to perceive that the trial was one in which a keen interest was felt by the spectators, many of whom were restless and irritable, insomuch that they found it impossible to keep perfectly still, and from time to time shifted uneasily in their places. Whispers, "not loud, but deep," occasionally reverberated from the back benches to the quadrangular space in front assigned to gentlemen of the long robe, and ascended thence to the august presence upon the judgment seat. Ever and anon the stentorian voice of the crier proclaimed silence, in a tone which plainly signified that endurance had well-nigh reached its limits, and that he would really be compelled to proceed to extremities if his mandate were any longer disobeyed.

The court-room was of the old conventional pattern. At the upper end was the large elevated desk, or throne, extending nearly half way across the chamber, with spacious cushioned chairs, and other suitable accommodation for the presiding judge and his associates. To right and left were the enclosed jury boxes, with seats raised considerably above the level of the floor, but not so high as those provided for the justices. Directly opposite the throne of justice, and about six yards distant therefrom, was the prisoners' dock, into which five or six persons might have been thrust, at a pinch. The intervening space enclosed by this quadrangle—throne, prisoners' dock, and jury boxes—was mainly appropriated to the use of barristers and attorneys, and their clients. A large portion of the space so appropriated was occupied by a table, around which were distributed a few chairs, every one of which was occupied; and at the end directly below the judicial throne was a small enclosure provided for the clerk of the court, set apart by a low railing, and containing a desk of diminutive size. Between the clerk's desk and the left-hand jury box was the witness stall, raised to a level with the highest seats provided for the jurors. A seat for the sheriff was placed a short distance to the right of the throne of justice, and on a slightly lower level.

All these arrangements occupied perhaps one-third of the entire court-room. The rest of the space, extending from the rear of the prisoners' dock to the lower end of the chamber, was occupied by seats rising tier behind tier, with a passage down the middle. Between each of the ends of these seats and the walls of the chamber were passages of about three feet in width, leading to the doors, for purposes of "ingress, egress and regress." Such was the plan of the conventional Upper Canadian court-room in the olden time; and such, with a few inconsiderable modifications, many of them remain down to the present day.

The sole occupant of the judgment seat, on this sultry afternoon, was a gentleman of somewhat diminutive size, but withal of handsome and imposing appearance. Though he had reached advanced middle life, he presented none of the signs of age, and evidently retained all his vigour unimpaired. His eyes were bright and keen, and his small but firm and clearly cut features were lighted up with the consciousness of mental power. No one, looking upon that countenance, could doubt that its owner had all his faculties under strict and thorough control, or that his faculties were considerably above those of average humanity. The face was not one for a child to fall in love with, for it was a perfect index to the character, and was firm and strong rather than amiable or kind. Evidently a man who, should the occasion for doing so arise, would deal out the utmost rigour of the law, if not with indifference, at least without a qualm. He was the Honourable William Dummer Powell, and he occupied the high office of Chief Justice of the Province. In conjunction with the Reverend Doctor Strachan, Rector of York, he had for several years practically directed the administration of affairs in Upper Canada. Francis Gore and Sir Peregrine Maitland might successively posture as figure-heads under the title of Lieutenant-Governors, but the real depositaries of power were the Rector and the Chief Justice. Ominous combination! which