Quebec City Archives

Themis Database of Court Records

August 1, 1849

Piece #76310, 76311, 76316

Localisation #3B 023 04-06-003A-01

Contenant #1960-01-357\115

 

Province of Canada

District of Quebec

 

Be it remembered that at Her Majesty’s Court of Queen’s Bench for the District of Quebec, in that part of the Province of Canada called Lower Canada,

began and holden at the Court house, in the City of Quebec, in the said

District, on the first day of August, in the thirteenth year of the Reign of Our

Sovereign Lady Victoria, for the cognizance of all crimes and criminal

offences done and committed within the said District of Quebec, before the

Honourable Sir James Stuart, Barrist, Chief Justice of Lower Canada, and the

Honourable Edward Bowen (?), Philippe Panet and Bryant (?) Aylwin,

Justices of the said Court of Queen’s Bench for the said District, by the oath of

Jeffrey Hale, Jean Baptiste Trudelle, Thomas William Lloyd, Francois

Ernest Paradis, John George (?), Ebenezer (?), Benjamin (?),

William Simpson, (?) Joseph (?), Frederick (?), George (?),

William (?), and Thomas (?), good and lawful men of the District of Quebec aforesaid, then and there (?) assembled  (?) must (?)  service for Our said Lady the Queen and for the body of the said District.

It is presented, that Michael Hogan late of the Parish of Ancienne

Lorette, in the District of Quebec, labourer, on the (?) day of

February in the (?)  year of the Reign of Our Sovereign Lady Victoria

with force and arms at the Parish aforesaid, in the District  aforesaid

 (?) face and head of him the said Peter Brady, then and there feloniously and unlawfully did wound, with intent, then and there and (?), feloniously, willfully and of his malice (?) the said Peter Brady to kill and murder:  had the Jurors aforesaid upon the oath aforesaid, do further present that Patrick Dwyer late of the Parish aforesaid

in the District aforesaid feloniously was presently aiding, abetting, and assisting

the said Michael Hogan, the felony aforesaid to do and commit

and the Jurors aforesaid, upon their oath aforesaid, do further present, that

the said Michael Hogan, afterwards to wit on the day and year aforesaid, with force

and (?), at the Parish aforesaid, in the District aforesaid, the said Peter Brady,

in and upon the nose, face, and head of him the said Peter Brady then and

there feloniously, unlawfully, and maliciously did wound,  with intent in

so doing, him the said Peter Brady, thereby then and there to maim and then and there to disable and the Jurors aforesaid, upon their oath aforesaid, do further present that the said Patrick Dwyer, on the day and year aforesaid, with force and arms at the

Parish aforesaid, in the District aforesaid, feloniously was present aiding,

abetting and assisting the said Michael Hogan, the February last aforesaid

to do and commit, against the form of Statutes in such case made and

provided and against the Peace of Our Lady the Queen, Her Crown and

Dignity. And the Jurors aforesaid upon their Oath aforesaid, do further

present, that the said Michael Hogan, afterwards, to wit, on the day and

 

(Note in margin: )

 

…against the form of the Statues in such case made & provided, and against the Peace of Our Lady the Queen, Her Crown and Dignity. Signed: XXXX

 

feloniously, unlawfully and maliciously, did wound with intent, on so doing to

him the said Peter Brady, thereby then and there to do some grievous bodily harm,

and the Jurors aforesaid, upon their oath aforesaid do further present that

the said Patrick Dwyer, on the day and year aforesaid, with force and arms

at the Parish aforesaid, in the District aforesaid, feloniously was present,

aiding, abetting, and assisting the said Michael Hogan the February last

aforesaid to do and commit, against the form of the Statutes in such

case made and provided and against the Peace of Our Lady the Queen

Her Crown and Dignity, whereupon the Sheriff of the District of Quebec

is commanded that he bring before the said Court of Queen’s Bench

the bodies of the said Michael Hogan, and Patrick Dwyer, to answer

the said indictment, and afterwards, to wit, at the term of the Court

of Queen’s Bench for Lower Canada holding Criminal Pleas in the District of Quebec begun and holden at the Court house in the District of Quebec, on the twentieth day of January, in the fourteenth year of the Reign of Our Sovereign Lady Victoria, to wit, on the thirty first day of January in the year last aforesaid, cometh the said Patrick

Dwyer, before the said last mentioned Court, under the Custody of William

Smith Sewell, Esquire, Sheriff of the said District of Quebec, and being

brought to the Barr here in his proper person, by the said Sheriff,

by whom he is here  (?) committed, and forthwith being demanded

can examine the premises in the said indictment above specified and

charged upon him, (?) he will acquit himself thereof, he saith that he is not guilty thereof, and thereof for good and (?) puts himself upon the Country, and James Green, Esquire, Clerk of the Crown for the District of Quebec, who for Our Said Lady

the Queen prosecuteth in this behalf, doth the like Therefore, let a jury thereupon here immediately come before the said Court, of free and (?) men of the District of Quebec

aforesaid by whom the truth of the matter may be the better known

and who are not of kin to the said Patrick Dwyer to recognize upon

their oath, whether the said Patrick Dwyer be guilty of the felony

aforesaid, specified in the said indictment, or not guilty, because as well

the said James Green, who prosecuted as aforesaid, as the said Patrick

Dwyer have put themselves upon the said Jury and the Jurors of the

said Jury being called, certain of them, to wit, John Charters, (?) and

is sworn of that Jury, and because the rest of the Jurors of the said

Jury did not appear, therefore others of the bystanders by the Sheriff of

the said District to this being chosen by command of the said Court,

were hereby appointed, which said Jurors so newly appointed, to wit,

William Gillis, Arthur McRae, John Slattery, John Lyons, John Rickaby, Thomas O’Brien, Hugh Armstrong, Michael Dalton, Michael O’Brien, John (?) and Peter Wallace, being called likewise came, who being chosen , tried and sworn to speak the truth concerning

the matter within contained, together with the other Jurors aforesaid before (?) and sworn, deny upon their Oath, that the said Patrick Dwyer is guilty of the felony thereof, he stands indicted, in manner and (????) indicted, in the fifth Court of the said

(???) indictment, and that he is not guilty of the rest of the indictment.

Whereupon afterwards, at the same term of the said Court, to wit, on the

fifth day of February of the year aforesaid, all and (??) having been seen and understood by the Court here, It is considered and willing entrust that the said Patrick Dwyer , on and by reason of his conviction aforesaid, be imprisoned at hard labour in the House of correction of this District, for and during the space or term of two

years, and that at the expiration of that period, he the said Patrick

Dwyer be discharged.

 

Signature,

Servant to Crown

 

Transcribed by Audrey Henderson, November 2014