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diff --git a/.gitattributes b/.gitattributes new file mode 100644 index 0000000..6833f05 --- /dev/null +++ b/.gitattributes @@ -0,0 +1,3 @@ +* text=auto +*.txt text +*.md text diff --git a/21285-8.txt b/21285-8.txt new file mode 100644 index 0000000..e8f1131 --- /dev/null +++ b/21285-8.txt @@ -0,0 +1,5241 @@ +Project Gutenberg's The Story of a Dark Plot, by A.L.O. C. and W.W. Smith + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + + +Title: The Story of a Dark Plot + or Tyranny on the Frontier + +Author: A.L.O. C. and W.W. Smith + +Commentator: J.H.F. Sutton + +Release Date: May 4, 2007 [EBook #21285] + +Language: English + +Character set encoding: ISO-8859-1 + +*** START OF THIS PROJECT GUTENBERG EBOOK THE STORY OF A DARK PLOT *** + + + + +Produced by Fox in the Stars, Christine P. Travers and the +Online Distributed Proofreading Team at http://www.pgdp.net + + + + + +[Transcriber's note: Obvious printer's errors have been corrected, all +other inconsistencies are as in the original. Author's spelling has +been maintained.] + + + + + THE + STORY OF A DARK PLOT; + + OR, + + TYRANNY ON THE FRONTIER. + + + By A. L. O. C. + + + + + BOSTON: + THE WARREN PRESS, + 160 WARREN STREET, + 1903. + + + + +Entered according to Act of Parliament, in the year one thousand eight +hundred and ninety-eight, by W. W. SMITH in the Office of the Minister +of Agriculture and Statistics at Ottawa. + +[Illustration: W. W. Smith, Sutton, P. Q.] + + + + +PREFACE. + + +For precept must be upon precept, precept upon precept; line upon +line, line upon line; here a little and there a little.--(Isa. xxviii. +10.) + +This is a divinely appointed rule to which we will do well if we take +heed, as it will save from many disappointments and discouragements. + +The writer of "The Story of a Dark Plot" has no hope by this work of +revolutionizing society or even working any very marked reforms. Books +and essays on temperance topics are numerous, and this is but one +among many. However, it is hoped that this may prove one of the lines +and precepts that are of some service to the cause. There is always +need for those who are on the right side of any important question to +unfurl their banners and show their colors bravely, but just now, in +connection with the temperance movement in our Dominion, there is a +very special call for action presented by the Plebiscite. + +We sometimes read on the pages of fiction exciting and blood-curdling +tales of deep laid plots for murder and other crimes, but just when +our feelings are being aroused to the highest pitch, we pause and +comfort ourselves with the thought that after all this is only +imaginary. + +Or perchance, we may read the truthful details of a more or less +successful attempt to end the life of a fellow being, but if we are +unacquainted with the persons concerned in the affair and the +circumstances which led to it, and especially if it happened some +distance from us, we feel but little interest in it. + +Again we find in the records of the past that thousands have suffered +and many died in a really good cause,--the victims of depraved and +brutish persecutors who hated what was good. We cannot doubt the truth +of the statements nor the innocence of the sufferers, but we may be +tempted to complacently remark "the martyr age is past." But if we +look about us with unprejudiced eyes, we must see that the sufferers +for conscience sake are still not a few. + +The details of the dark plot as given in these pages are all matters +of fact, and perhaps if all the particulars could be known, it might +seem blacker even than now. Moreover, it happened in an old and +progressive county of Eastern Canada, just across the border from New +England, and Mr. Smith had incurred the anger of his persecutors only +by trying to enforce law and order and working for the protection and +uplifting of his fellow-men. + +In view of such facts, let the voters of our Dominion pause ere they +give their sanction to a system which throws around the makers and +venders of alcoholic liquors the protection of the strong arm of the +law. + +That this volume, by showing the liquor party in its true light, and +thus warning our countrymen of their position and danger, may be the +means of arousing some who, though temperance people at heart, are +sleeping on guard, and of adding a few to the ranks of active workers +for the cause of right, is the earnest prayer of + + THE AUTHOR. + + + + +INTRODUCTION. + + +The publication of this book has been with the approval of some of the +best thinkers on the temperance question, and we doubt not that its +_careful_ perusal by all who read it will prove a stimulus in +connection with the cause of temperance, and if they are timid or +hesitating will cause them to become decisive in the noble work for +humanity. It is a well-known fact that the grand old County of Brome +is one of the banner counties in every thing which is helpful to the +cause of morality, and we hereby offer a fraternal hand to all our +co-workers in the Dominion, and pray God's blessing may rest on every +effort put forth that, whatever may be the private opinion they may +entertain respecting the course pursued by the government, in order to +ascertain the minds of the people on the prohibition question, they +may not only pray right, but when the time presents itself may vote +right. Notwithstanding the fact that a majority of the inhabitants of +our county are true to prohibition principles, yet a minority would +not hesitate, if possible, to repeal the Scott Act, as was evidenced +in the dark plot which was enacted in our midst, but which could not +be carried out until a rough from another country was hired to commit +the murderous assault, which was made on Mr. W. W. Smith, one of the +most earnest temperance workers in the Province of Quebec, President +of the Brome County Alliance for five terms in succession, and who is +actively engaged in sustaining the Scott Act in our county, and saving +from the sad consequences of the traffic the tempted and the fallen. + + J. H. F., + SUTTON. + + + + +THE STORY OF A DARK PLOT; + +OR, + +TYRANNY ON THE FRONTIER. + + + + +CHAPTER I. + +PREVIOUS EVENTS WHICH LED TO THE ASSAULT. + + +There are few communities, however small, that have not been aroused +and stirred into action, by some uncommon event, or where opposing +parties have never rejoiced, and mourned over a triumph of one at the +other's expense, and often have men and women, unappreciated by the +many, bravely suffered for their fidelity to a good and beloved cause. +Thus the little County of Brome has been stirred to the depths of its +soul by the actions of contending parties, and especially by a +deliberate attempt to hinder the work and destroy the life of a +law-abiding citizen. Mr. William W. Smith, the hero of this dark +plot, was a native of the county which had always been his home, and +had been during about fifteen years the Agent of the Canadian Pacific +Railway Company at Sutton Junction. During those years, he had been a +man of the world, fond of pleasure, and not objecting to a social +glass, and it is not surprising that, amid all the temptations of +railroad life, he had already felt the awful power of an appetite for +strong drink. But he was led to see his danger and to flee from it, +largely through the influence of his beloved companion, a faithful +Christian, who rests from her labor, and her works do follow her. +Breaking his bonds by the power of God, he became not only a +temperance man, but a Christian, and in his great joy and gratitude +for his own salvation was filled with a desire to warn and rescue +others, whose feet were treading the same slippery paths. He then +began holding Gospel Temperance Meetings, as he had opportunity in +many places mostly within the County of Brome. This county has long +held an honored position as being one of the leading temperance +counties in the Dominion of Canada, because during many years no +license to sell intoxicating liquor as a beverage has been granted +within its borders, and a temperance law known as the Scott Act had +been in force for eight years previous to 1893, when the second +attempt was made by the liquor party to obtain its repeal. Like the +serpent in the Garden of Eden, the liquor sellers of the present day +are remarkable for their subtility, and many are the innocent victims +entangled in the meshes of the net woven by their deceptive tongues; +therefore, it need not seem strange that they should display great +power and influence, even in a so-called temperance community. In the +spring of 1893, the liquor party in Brome, having decided that they +had been troubled by an anti-license act quite long enough, sent out +their agents to various parts of the county with innocent looking +papers to which they wished to obtain signatures. They called upon all +the known supporters of their party, and also upon that doubtful class +of persons which sometimes proves to be among their best helpers, +although counted as temperance people. To this doubtful class they +carefully explained that the petition they bore did not ask for the +repeal of the Scott Act, but only requested that an election be held +for the purpose of bringing the matter before the people, and +determining their minds upon the subject. Therefore, they were told +the signing of this petition was in no way equivalent to voting +against the Scott Act, nor would they be bound to vote against that +Act if an election was brought about. Many names were appended to the +petition, the desired election took place, and very hard did the +liquor men work to obtain a result that should favor their cause. + +However, not all the faithful work was on their side. A few temperance +speakers came from distant places, and held many interesting meetings +in different parts of the county, but perhaps the most efficient work +was done by people living in the county, who in many cases seemed to +possess greater influence than strangers could exert. Mr. J. W. +Alexander, at that time Principal of the Sutton Model School, added +more recruits to the ranks of earnest workers by organizing a number +of his pupils with a few other young people into a band which, under +the name of the "Young People's Temperance Crusaders," did good work +during the ensuing weeks. Older workers were admitted into the society +as honorary members, and the officers were chosen from among these. +One of the honorary members was Mr. W. W. Smith, who was also one of +the Committee appointed to accompany the younger members and aid them +in their meetings, and no one worked harder to retain the Scott Act +than he. He took an active part in nearly every Crusade meeting, and +on evenings, when the Crusaders were not thus employed, held other +temperance meetings, thus occupying nearly every night during three or +four weeks in the heat of the campaign. Not content with this, he +worked and argued by day as well, and, associating his work with +prayer, did not cease from his efforts until, on June 16th, 1893, the +polls were closed and the victory for God and the temperance cause was +won. The hotel-keepers and their confederates had gained that for +which their petition has asked, but plainly they were far from +satisfied with the result of the contest, and many were the curses +pronounced upon Mr. Smith as one of the most active opposers of their +cherished plans. Now the vote against them was greater than ever +before, yet they were not content to abide by the voice of the people +which they had seemed so anxious to obtain, but practiced the illegal +sale of alcoholic drinks until nearly, if not quite, every +hotel-keeper in the County of Brome was known to be boldly and +frequently breaking the law. A great cry of the liquor men while +attempting to repeal this law had been "The Scott Act is all right if +you would only enforce it; we don't want a law which is not carried +out," and it was now the wish of those who had sustained the Act to +prevent any further complaints like this. Therefore, on the evening +of Feb. 26th, 1894, a public meeting was held in Sutton to discuss the +circumstances and form plans for work, and at the close a society was +organized to secure the enforcement of the Scott Act in the township +of Sutton. Mr. Smith, who had been instrumental in bringing about this +conference, was a member of the Executive Committee of the Society. + +One of the leading temperance organizations of Canada is that known as +the Dominion Alliance, which is divided and sub-divided into +provincial and county branches. When, on April 25, 1894, the Brome +County Branch of the Alliance held its annual meeting for the election +of officers, Mr. Smith was chosen its President for the ensuing year. +Here was field for increased usefulness, and he took up his work with +a zeal that soon won the disapproval both of the liquor party and a +certain class of so-called temperance people whose principal work for +the cause usually lies in criticism of the work of others. + +Soon a public meeting of the Alliance was announced by the new +President to be held at Sutton, and a large number of people gathered +in the hall on the evening appointed. Many speakers addressed the +audience, and told in no uncertain words that the law must be enforced +and offenders must be punished. It had not been deemed best to +prosecute the liquor sellers without first giving them a fair and +public warning, and therefore this meeting had been called; but now +that they were notified of the intentions of the temperance people, if +detected in dealing out the liquid poison, they had only themselves to +blame. True to these announcements, Mr. Smith and others proceeded at +once to obtain satisfactory evidence of the traffic in strong drink +which was known to be taking place in the various hotels. This was by +no means a slight task, for though the liquor sellers were not willing +to keep the law, they were entirely willing to preserve the appearance +of so doing, and very loath to sell liquor in the presence of a +stranger, while the testimony of their regular customers could not be +relied on. However, the task was done, and the evidence gathered was +sufficient to condemn nearly every hotel-keeper in the county to +imprisonment or a fine. On June 6th, these cases were considered in +the District court, at Sweetsburg, Quebec, and punishment was meted +out to the offenders. In some instances where the offences merited +imprisonment a fine was allowed instead, and this was accepted by the +Alliance President, who believed that justice should be tempered with +mercy. This bit of leniency, however, was not taken into account by +the liquor sellers in considering his treatment of them. They appeared +to have altered their opinions as to the enforcement of the law, and +their anger waxed hot, while many, often ranked with the temperance +people, were in sympathy with them. Divisions occurred in temperance +societies, because some of the members had friends who were made to +suffer by the imposing of fines on the lawbreakers, and members of +secret brotherhoods, who felt it their duty to uphold their brethren +in good or evil, complained of the injustice of thus depriving the +hotel-keepers of the property they had earned; some even declaring +such transactions to be on a par with the meanest theft. Meanwhile the +liquor sellers and their allies, who had already by the recent trials +been shown to be a company of lawbreakers, seemed to be forming plans +of their own. Many dark whispers floated through the county to the +effect that W. W. Smith had better look out for his personal safety, +and some declared with an air of wisdom that they would not like to be +in his position, while a suspicious looking stranger, said to be a +horse buyer, was noticed by some to be frequenting the hotels at +Sutton and Abercorn, and attending the horse races in the vicinity. +However, Mr. Smith had not the spirit of fear, and believing, as he +said, that "the Lord will take care of his own," he continued as usual +to go from place to place on errands of temperance, or any other work +which he felt claimed his attention. + + + + +CHAPTER II. + +THE MIDNIGHT ASSAULT. + + +Thus matters went on until the night of July 7th, 1894, when Mr. Smith +drove out from his home and returned somewhat late. After caring for +his team he went into the station. It was afterwards told that some +young men had noticed a stranger at the depot that night, who had +appeared to be waiting for a train but had not gone away on any. After +the crowd at the station had dispersed, and the inmates of the +building had retired, as there was little night work to be done, Mr. +Smith went into his home in the station, where his brother's family +were then living with him, and having obtained a pillow for his head +went back to the waiting-room, where he lay down upon a settee and +dropped asleep. + +An article published in the Montreal _Daily Witness_ soon after this +so well describes some of the circumstances which cluster round the +events of that night at Sutton Junction that we give some parts of it +here. It says: + + "The liquor selling ruffians will descend to any warfare however + dastardly and mean when forced by law to a standstill. There is + something in the sad business that degrades every one in it. This + time it is liquor sellers in Brome County that are indicted. Mr. + W. W. Smith, President of the Brome County Branch of the Dominion + Alliance, is also the station agent at Sutton Junction for the + Canadian Pacific Railway Company. As president of the Alliance he + represents the temperance element of course, and that is the + element determined to carry out the law against liquor selling. + Mr. Smith represents them in this. In doing so he is certain to + make enemies. He has been assiduous in his duty, and has been + threatened several times. These threats did not keep him from + actively participating in efforts to secure the conviction + recently of several lawbreaking liquor sellers in Brome, some of + whom were convicted, and have had sentence suspended over them + pending their good behavior. On Saturday night, Mr. Smith took + the night operator's place, arranging that the latter should take + his place on Sunday. After securing everything for the night, Mr. + Smith lay down on the sofa, never dreaming that any evil was to + come to him." + +Instead of copying the account of the assault which follows the above, +we will describe the facts as nearly as possible as they have been +related by the victim himself. + +[Illustration: Station at Sutton Junction, Place of the midnight assault.] + +It was between one and two o'clock on Sunday morning, July 8th, when +Mr. Smith was attacked by the cowardly miscreant who has thus made +himself notorious. We say "cowardly," because when a large, strong man +who carries arms and is a professional fighter, as he appears to have +been, attacks a man who is weaponless and not more than two-thirds his +size by giving him a stunning blow upon the head while he is asleep, +there is clearly no evidence of heroism on the part of the man who +makes the assault. Yet this was what Mr. Smith's brave assailant did! + +After receiving the first blow, Mr. Smith felt a strange sensation as +though he were taking a long, happy journey, and he thinks he was +aroused by his assailant attempting to drag him from the settee. As a +train was going by before daylight, it is the opinion of many that his +intention may have been to leave his victim stunned upon the railway +track, that the locomotive might complete the frightful work which he +had begun. At least, he doubtless intended by some means to guard +himself from suspicion and leave Mr. Smith entirely unable ever to +identify him. When he saw that the object of his brutal attack was +arousing he struck him a second time, but this blow not having the +effect of the former one, Mr. Smith, who was now fully conscious, +although he could not see clearly, grappled desperately with his foe. +He saw a long weapon of some sort waving fiercely above his head, and +now and then received a blow from it, while his assailant was +constantly dragging him nearer the door, and he struggling to remain +in the room fearing the villain might have associates outside. Mr. +Smith was all the time shouting "murder," as loudly as possible, but, +his mouth being filled with blood, he was unable to make himself +clearly heard, and his calls brought no assistance. At length, being +somewhat weakened by the blows he had received, he was dragged outside +in spite of his efforts to remain within, but still no one came to the +help of either himself or his antagonist. The two men, still +struggling desperately, passed on from the upper to the lower platform +without the station, and thence to the railway track below, and +finally back to the lower platform. Then Mr. Smith got possession of +the weapon which his assailant had been wielding, and the last hope of +his enemy seemed to vanish with the loss of that, for, freeing himself +from the grasp of the man whom he had thought a few minutes before was +entirely in his power, he disappeared in the darkness, and fled up the +track in such haste that he did not even stop for his hat, which was +found by some one upon the platform next morning. The weapon which he +left in Mr. Smith's possession proved to be a large piece of lead pipe +well battered and bruised, near one end of which was attached a short +piece of rope, apparently intended to be slipped around the wrist of +the user so that the weapon might be concealed up his sleeve. + +Mr. Smith, having seen his enemy retreat, hastened to the part of the +house where his brother's family were sleeping, and thence to the +other part where a Mr. Ames and family lived, and aroused the inmates +of both apartments, who were very much surprised and alarmed at +thought of the frightful scene which had been enacted so close to the +apartments where they were calmly sleeping. However, there was one +brave man, a train hand, who was sleeping above the scene of the +assault, who declared that he had heard the blows when given, but did +not go down to learn the cause as he "did not want to mix up in it," +and was afraid he might get hurt. There are far too many people who +display the same disposition when others within their reach are in +danger or in need of assistance. When the people of the house were +awakened it seemed already too late to capture the retreating +criminal, but Mr. Smith's injuries were attended to, and a message +sent at once by telephone to Sutton for a physician. The bruises +proved to be very severe, and it seems to be a modern miracle that +life itself was spared. + +The article from the _Witness_, part of which we quoted above, after +describing the assault, says: + + "A good deal of indignation is felt by the law-abiding people not + only of Sutton Flats, but of the county, and it is hoped that + every effort will be made to discover the perpetrator. The + woollen cap and slung-shot should give a clever detective a good + clue to work upon. Some time ago, at the public meeting called to + discuss the liquor question, Mr. Dyer, M. P. for the county, said + that the authorities had been twitted by the liquor men for not + enforcing the Scott Act. That reproach might have been justified + in a measure at least, as there was some doubt as to the opinion + of the people in its favor. But in 1893 the liquor men had + appealed--and perhaps it was well they did so--to the county, to + decide whether that law should be enforced or not. The county had + declared against the liquor men. Now the time had come when this + majority should stand at the back of the officials, and all + should endeavor to enforce the law. Mr. Dyer's remarks at the + time were taken to represent the desire of the law-abiding people + of Brome County. In carrying out this idea, Mr. Smith, they + contend, was simply doing his duty, and it is expected that in + doing it he had the majority of the people of the county with + him." + +This brutal assault, made upon a law-abiding citizen by one whom he +had never injured in any way is a fair sample of the fruits of +intemperance wherever found. There are those who have seemed loath to +believe that Mr. Smith's strong temperance convictions and his +activity in carrying them out were the real causes which led to the +bitter hatred that inspired this fiendish act. They seem to think it +impossible that "respectable (?)" citizens of a temperance county +should attempt in such a reckless, lawless way to prevent opposition +to their traffic in strong drink. But what is there incredible in +this? When we consider that traffic in strong drink means a trade in +the souls of men, women and children, and in innocence, virtue and +hope; when we remember that the bartender daily takes from his +customers the price of food, clothes, health, respectability and all +that he has of real value in the world, and gives him in return +nothing but liquid ruin; when we know that the rumseller's business is +a sort of wholesale murder continually, inasmuch as by it millions of +lost souls are sent into eternity annually; in view of all these +facts, why should we be surprised when the liquor sellers of a +community plan together to rid themselves of one who has vigorously +opposed their dangerous work? It is only another form of the same +business. + +The disclosures following the assault upon Mr. Smith convinced many +people of the evils of the liquor traffic, and some who had favored +and pitied the hotel keepers when they had been fined for lawbreaking +now turned against them, feeling that they could no longer uphold +their deeds. Meantime, some of the hotel keepers of the vicinity gave +evidence of their guilt by disappearing from the locality very soon +after the assault took place. + +The investigation of the affair was placed in the hands of S. H. +Carpenter, Superintendent of the Canadian Secret Service, and +detectives were at once set at work upon the case. Either Mr. +Carpenter or one of the men under his direction was constantly in the +vicinity, seeking to obtain clues by which to determine the guilty +party. One man, who lived near the mountain pass between Sutton and +Glen Sutton, declared that, early on the morning of July 8th, he had +seen two men pass his house driving very rapidly and going in the +direction of the latter village, one of the men having no hat, but +wearing a cloth around his head. Of course this story had an air of +significance inasmuch as the assailant of the previous night had left +his hat at Sutton Junction, but it did not prove to be of much +importance. It was soon settled in the minds of many that the +stranger whom we have mentioned as having been frequenting the hotels +at Sutton and Abercorn had been the wielder of the lead pipe on July +8th, but his name and whereabouts were not to be obtained, as he had +been sailing under false colors during his stay in the country, and +those who were initiated into the secrets of the case, of course, kept +silence. + +At length, Mr. Smith received a letter from a woman in Vermont, who +had formerly been employed at one of the hotels in the vicinity of the +assault, and soon after he met this same woman at Sutton, and her +evidence was a great aid towards locating the assailant. She knew +nothing about the pretended Boston horse-buyer, who had apparently +forgotten the object of his northward journey and disappeared without +having purchased any of the Canadian steeds, but she remembered an +American having once stopped for a time at the hotel where she was +then working, and from the description given it seemed that he might +be the same man. The one whom she described she said came from +Marlboro, Mass., and thither a man was soon despatched in search. It +proved that the man to whom she had directed Mr. Smith was not the one +in question, but in searching for him the real perpetrator of the +crime was found, as he chanced to be also a resident of Marlboro, +Mass. Having located his man, the gentleman in search returned home, +leaving in Marlboro a Canadian detective who should keep watch of the +man until Mr. Carpenter went there. However, when Mr. Carpenter, who +was accompanied by Mr. Smith, reached the place, the man whom they +sought had already been lost track of by the detective, but after a +few days Mr. Smith saw him in company with several others, and at once +identified him as being the man whom he had seen in the vicinity of +Sutton Junction previous to the assault, and also as having the form +and gait which he had noticed his assailant to have when he had +watched him fleeing from the scene of his cowardly attack. Soon this +man was captured at Hudson, Mass., a place about five miles distant +from Marlboro. He was arrested by Chief of Police Skully of Hudson and +Policeman Hater of Worcester, and taken to Fitchburg. The name of this +young man who had apparently come very near being a murderer was +Walter W. Kelly, and he had been a bartender in Marlboro, which +probably made him feel more sympathy for his Canadian brethren when +their liberty to sell intoxicants was interfered with. + +While at Fitchburg, Kelly was advised to yield himself up and go +freely to Canada with Mr. Carpenter and Mr. Smith, because, he was +told, they were determined to have him at any cost, and, if he made +them the trouble and expense of extraditing him, he would only be +obliged to lie in jail a much longer time before his trial could take +place, whereas the sentence of punishment would doubtless be just as +severe in the one case as in the other. + +Acting in the spirit of this advice he gave himself up into the hands +of Detective Carpenter and went with him to Montreal, where he +acknowledged his guilt, and also told that he had been hired to do the +deed by John Howarth, a young man who lived with the hotel keeper at +Abercorn, and that James Wilson, one of the hotel keepers at Sutton, +had driven the team which carried him to and from the Junction on the +night of the assault. + +Mr. Smith, who had also accompanied Mr. Carpenter to Montreal, at once +returned home, and, having notified a number of his friends and +procured a constable from Knowlton, Que., went in company with several +others from Sutton to Abercorn, on Saturday night, August 25th, for +the purpose of arresting Howarth. On a Saturday night also, just seven +weeks previous, a smaller company of men had gone from Sutton in the +opposite direction, not to arrest a guilty man, but to assault an +innocent man, not in the cause of right and justice, but of wrong and +injustice. But now it seemed that the tide had turned! + +The little company of "friends of temperance" surrounded the Abercorn +hotel, and the constable, going to the door, called loudly to Mr. +Jenne, the proprietor, who was doubtless in the land of dreams. Mr. +Jenne, who appeared to be somewhat suspicious, was loath to open his +house at that unseemly hour, and demanded his visitor's name; but the +constable, giving a fictitious name, enquired for John Howarth, and +when that individual made his appearance, he was at once arrested in +the name of the Queen. Seeing the people outside, neither he nor Mr. +Jenne dared resist, and, being assured by the latter that he would +soon have him free again, Howarth accompanied the constable to the +jail at Sweetsburg, feeling, doubtless, much less pleased with his +future prospects than he had felt when planning by violence and +bloodshed to frighten the temperance people into submission or +silence, and leave himself and his congenial associates free to drink +and sell as much liquor as they chose. Thus Satan may sometimes appear +to his servants as a very good master when they serve him faithfully, +and accomplish his designs, but when they fail to carry out some of +his cherished plans and find themselves in danger and trouble, as a +result of their zeal in his service, then he proves a very poor sort +of comforter. Better far to serve a Master who will not forsake His +followers in time of need! + +A few days later an attempt was made to arrest James Wilson, who had +left the hotel at Sutton, and was thought to be staying at Glen +Sutton, his former home. This expedition is so fully described by an +article in the Montreal _Daily Star_ that we quote from it here. The +two local guides mentioned in this report were W. W. Smith and his +brother, H. S. Smith. The account, dated August 31st, is as follows: + + "A mysterious midnight expedition left Richford Station, Vermont, + a little after twelve this morning, and disappeared in the gloomy + shadow of Mount Sutton. The party was composed of Superintendent + Silas H. Carpenter of the Canadian Secret Service, a _Star_ + reporter and two local guides. The object of the expedition was a + search for James Wilson and M. L. Jenne, hotel keepers of Sutton + and Abercorn, for whose arrests Carpenter held warrants. These + men are accused of being the conspirators who organized, aided + and abetted the arrangements for the attempted and nearly + successful murder of W. W. Smith, the President of the Brome + County Temperance Alliance, who for some time has been like a + thorn in the side of the Brome County hotel keepers, because, by + insisting upon the enforcement of the law, to wit, the Scott Act, + he spoiled their profitable liquor trade. The excellent means of + communication in the counties of Missisquoi and Brome, by + telephone and otherwise, necessitated the greatest care in + keeping the purpose of the trip secret, especially because the + entire county seems to be situated too dangerously near the + American border line for officers of the law to take any chances, + and, accordingly, the ground had to be reached from Sweetsburg in + a round-about way. It was with grave apprehension that the + officers of the court and the citizens of that town let our small + party depart on what to them appeared a most dangerous errand; it + seemed perfect folly to them that Detective Carpenter alone, with + only a _Star_ reporter, should thus attempt to 'beard the lions + in their dens'--and on a very dark night, too! + + "Why, they said, when the constable from Knowlton went to arrest + Howarth, another of the alleged conspirators who lives in the + same vicinity, last week, he surrounded the house with a cordon + of twenty men. They said, besides, the Wilsons were known as a + fighting family, who would never allow a member to be arrested + easily. As to Jenne, no two men would be able to prevent him from + slipping out of the house and escaping. As it turned out, Mr. + Carpenter had, in a measure, a greater success than even he + anticipated. Since the arrest of the man Kelly, who was hired to + do and perpetrated the act of assault, those who were interested + in the plan of getting rid of Mr. Smith have evinced a really + remarkable preference for the air across the line, and a score of + residents of this vicinity more or less connected with Brome + liquor interests have emigrated to the neighboring towns of the + United States, hoping that they may not be extradited. Mr. + Carpenter's little excursion cost a good many people beside + himself their night's rest. The first house where Wilson was + supposed to be was searched at about three this morning, and + three other houses were subjected to a similar process within the + next two hours. At the last place Wilson's parents, wife and sick + child were found; but they pleaded utter ignorance of the head of + the family's whereabouts. There is little doubt but that he is in + hiding in the States. Jenne's hotel, at Abercorn, was visited + about six, and he, too, was in the States. But Mr. Carpenter gave + Jenne's son such convincing proofs that his father would be + extradited anyhow, and that his staying away would only be + considered an acknowledgment of guilt, that the old man was sent + for and decided to come to Canada without trouble. It is known + that the confession of Kelly, now under arrest, implicates, + directly and indirectly, a dozen or so of well-known people + around here. There is a promising prospect for penitentiary terms + for several of them." + +[Illustration: The General Manager of the General Manager--Grip.] + +In the above account is given evidence of both the guilt and cowardice +of these hotel keepers. When men concoct plans of evil which they +dare not execute in person, and then hire a foreigner to carry them +out, it is not strange if they prove too cowardly to face justice when +their part in the crime has been made known. It is little wonder if +they seek a foreign clime, but more strange that they do not hide for +shame after their fear of punishment is lessened. Is it because they +find too many sympathizers at home? + +Let those who doubt that this crime was undertaken because of the +temperance principles of its victim search the records of other +localities for parallel cases. Many earnest men and women have +suffered for the same cause. Satan never yields a foot of ground +anywhere without fighting vigorously to retain it, and no important +reform was ever inaugurated but it met with strong opposition from the +first. + +The more important a reform also, that is to say, the more it is +opposed to the rule of the powers of darkness, the more bitter the +persecution is likely to be which meets it at every step. Witness the +fierce opposition to the spread of Christianity in the early centuries +and the persecution which has almost always followed its introduction +into a new, neglected region. The temperance reform has been no +exception in this respect, and as a leading temperance worker has +said: "The martyr-roll of temperance is just as sacred as that of any +other reform that was ever inaugurated." + +This same worker, Mr. J. C. Nichols, gives a sketch in this connection +which may be of interest to the readers of this narrative. It is of a +young man in New Orleans--a young man pure and earnest, such as the +world everywhere has need of. He was a zealous temperance worker, and +had met with considerable success in this work, which lay so near his +heart. One dark night, alone and unarmed, he was crossing a bridge +beyond which lay a clump of bushes. When he reached these bushes he +was confronted by six men with weapons who lay in ambush waiting for +him. They sprang out and shot him, and, not content with that, bruised +and battered his features beyond recognition. And then his noble +mother wrote to Miss Willard, President of the World's W. C. T. U., +that she had yet two boys left, and she had rather they would die as +he had, fighting for the right, than that either of them should turn +aside to the right hand or the left. + +These six men, attacking one defenceless temperance man, displayed the +same spirit of cowardice as their northern brethren show when they +hire a stranger to do the work for them. They had greater success +attending their efforts, but probably there was no more hatred or +revenge in their hearts than was in the hearts of the Brome County +liquor sellers when they sent to Massachusetts for a prize fighter to +come north to injure and perhaps kill a Christian temperance worker. + +Through the providence of God, the plans of these men do not always +succeed, and when they do the real victory is often for God and the +right rather than for them, because no right-thinking man or woman can +but oppose them and their business when they see such fruits of the +traffic. North or south, the nature and effects of intemperance are +ever the same. + + + + +CHAPTER III. + +THE AUTUMN COURT. + + +The Autumn Court of the District of Bedford was opened at Sweetsburg, +Que., on Thursday, August 30th, 1894, and at this session the Sutton +Junction Assault Case was considered. The lawyers in charge of the +case were H. T. Duffy, on behalf of the Alliance, and E. Racicot, on +behalf of the accused hotel keepers. The court room was thronged each +day with eager listeners, and much interest was evinced both by the +temperance and anti-temperance people. + +The following account of proceedings at court and other matters +relating to the assault case is from _The Templar_, a temperance +paper, published in Hamilton, Ont., and a large part of this +description was also published in the Montreal _Daily Witness_: + + "The excitement in Brome County, Quebec, over the arrest of + several prominent liquor sellers on the charge of conspiring to + murder Mr. W. W. Smith, President of Brome County Temperance + Alliance, increases as the developments are becoming known to + the public. According to the evidence, there remains no longer + any question that Mr. Smith's devotion to Prohibition, and + particularly his determined stand for the honest enforcement of + the Scott Act, which is in force in that county, made him a + shining mark for the vengeance of the men whose trade and profits + were so seriously affected thereby. The confession of Walter + Kelly, the assailant, that he was employed to 'do up' Mr. Smith + because he was a man who gave the hotel keepers much trouble, and + had to be thrashed, as well as the payment of money by Mr. Jenne, + proves the animus of the assault, while the general evidence + indicates a wide-spread conspiracy, embracing others than the + accused, to cause the diabolical crime. The publicans of Brome, + and, indeed, the liquor traffic as a whole, lie under the + terrible suspicion of sympathy with this crime. It is not beyond + the traffic. Its record is traced in blood as well as tears. _The + Templar_ is quite ready to believe that there are men in the + business who would shrink with horror from the very thought of + engaging in such a deed of blood, but the assault upon Mr. Smith, + of Sutton, is the natural fruit of the damnable business, and + those exceptions have not been wholly dominated by the genius of + the traffic. What cares the liquor seller who suffers while he + thrives? The excitement centres at Sweetsburg, where the court is + engaged in hearing the evidence against James Wilson and M. L. + Jenne, hotel keepers at Sutton and Abercorn, who are charged + with conspiring to murder Mr. Smith. The preliminary hearing + began last Friday morning. People had come from all parts of the + surrounding country, and several newspaper people from across the + line, male and female, were on hand. + + "The Magistrates occupying the bench were Messrs. C. H. Boright + and G. F. Shufelt; Mr. H. T. Duffy was prosecuting attorney, with + Hon. Mr. Baker as counsel. Sheriff Cotton was also present. The + prisoner, John Howarth, was represented by Mr. E. Racicot, and + was in court. + + "Howarth is an American, and still a young man. He is closely + shaven, and wears his hair cropped short. He came here about + three years ago, with a stallion worth about $1000, in which he + owns a half interest. The man who owns the other half still lives + in the States, and by means of tedious litigation has been trying + to get his share. This man at present lives with the Jennes, at + their hotel at Abercorn. He is one of the principal figures in + the case, because he, it is said, was the man to whom the entire + management of the attempted murder was entrusted. + + "Mr. Smith is a medium-sized man, with a heavy blonde mustache, + and is a fluent talker, who evidently is very much in earnest in + his temperance work. He seems to possess the lives of the + proverbial cat; but many people here prophesy that they will not + be of avail to him much longer--meaning thereby that the liquor + men will yet be the death of him. This does not seem to worry him + much, however. + + "Kelly is a well built man, a little over medium height, with + dark brown hair, restless, dark eyes, and a small mustache, + turned to a needle point at each end. It cost a great deal of + time and trouble to locate him; once nabbed, he turned Queen's + evidence. + + "Mr. W. W. Smith was the first witness. His testimony consisted + in a description of the assault as our readers are already + familiar with it. He narrated how he had warned the hotel keepers + against breaking the Scott Act, on pain of prosecution, and how, + by interposing on their behalf, he had saved many of them from + prison. He concluded his evidence with a description of Kelly's + attempt to murder him. Every eye in the court room was fixed upon + Walter Kelly, the man who committed the murderous assault, as he + entered the witness box. It was generally known that he had + turned Queen's evidence, and would tell a thrilling story. He + took the situation very coolly, and after explaining that he had + been a bartender in Marlboro, Mass., gave the following + testimony: + + "'Some time before the end of June last, I was shown a letter by + a man named Flynn, which requested him to come or send a man to + do a job, and it was stated that there was good money in it. The + letter was written by a man named Howarth, who resides at + Abercorn, P. Q., in the county of Brome. Neither Flynn nor myself + paid much attention to this letter, as we did not understand the + meaning of it. About the end of June, the same man showed me a + second letter, which he had received from Howarth, also + requesting him to send a man on the next morning to do a job + connected with the liquor business, and he asked me to go, as + there was good money in it--about two hundred dollars--and I + agreed to go over. He then instructed me to go to a man named + Willard, whom Howarth had instructed to give me the money to pay + my way, or give me a ticket. I went to Willard, and told him that + I was going to Canada to do a job for some parties there; that + Howarth had sent for me to call on him for the money to buy the + ticket to go there, and that he would repay him. Willard gave me + ten dollars, and I bought my ticket, and came on to Abercorn. I + started towards the hotel there, when Howarth drove up, + recognized me, and asked me to get into his wagon. He drove me to + Jenne's hotel, and there introduced me to Mr. Jenne as a Mr. + Stewart. While at the hotel, Howarth told me he had sent for me + to thrash a fellow named Smith, who lived over at Sutton + Junction. He said that he was a mean cuss who drank all his life, + would drink whenever he got the chance, was all the time running + after the women and, to cover up his deviltry, he goes round + preaching temperance, and raising the devil with the hotel + keepers. They wanted to chase him away and get him out of the + business. Howarth went on to say that Smith, who is station + master at Sutton Junction, was so mean that people cannot ship + goods to that station without their being opened, looked over and + their contents reported to the temperance people. They had, he + added, reported Smith to the company, and his discharge had been + ordered. I asked Howarth what about the money for doing this job, + and he answered, "Don't fear; everything is fixed, and you will + be well taken care of." In the afternoon, Howarth took me to + Sutton, and we called at Curley's hotel, and went from there to + Lebeau's, where he introduced me to a man named Lebeau, who owns + a race course, as a Mr. Stewart, a horse buyer from Boston. I + then rode with Mr. Lebeau and drove his horse, staying round + there until the evening, when I went back to Curley's hotel, and + had supper. I did not pay for it, and was not asked to pay. I + went to Sutton, purchased a ticket for Richford, where I met + Howarth in the afternoon by agreement, received fifteen dollars + from him and had a long conversation regarding the job I was to + do, after which Howarth went back to Abercorn. I, however, + remained over night at Richford, and next morning took the train + for Sutton. I then went to Mr. Wilson's hotel, and remained there + for two or three days. They asked me no questions in regard to my + board bill, they did not seem to care whether my bills were paid + or not, and they were never paid by me. I remained there until + the horse race at Knowlton, to which I went with Mr. Wilson, and + where I expected to meet Howarth with a team for me to use, but I + did not find Howarth at Knowlton. I left Knowlton the same night, + and rode back to Sutton, to Wilson's hotel, with a man whom I met + at the races. A day or two following, I was supplied with the + team, which was fed and cared for free of charge at Curley's and + Wilson's hotels. This team was supplied me for the purpose of + driving to and from the Junction in order to meet Smith. The + night I committed the assault on Mr. Smith my team was at + Curley's hotel until 9 o'clock in the evening, when I ordered it + to be harnessed. I then started for the Junction, and on the way + I met a man a short distance out of the village, whose name I do + not remember, but I would probably recognize him if I saw him + again. I was supplied with a disguise of clothing, which was put + into my buggy when the team was sent to me. I do not know who put + it there, but Howarth gave me to understand that it would be + there. + + "'Some talk transpired between myself and the parties engaged in + this matter as to what weapon I should used to beat Mr. Smith, + when it was suggested, I think by Howarth, that a piece of lead + pipe would be a good thing, and when I opened the bundle, I found + a lead pipe in it. I saw that it was a piece of new pipe, and I + battered it to give it an old appearance. There was also a new + hat in the bundle. When this man got into my buggy, I drove to + Sutton Junction, where I waited for Mr. Smith. After our arrival + there, and until I had committed the assault on Mr. Smith, the + man who drove with me from Sutton kept the team waiting for me + about one hundred rods from the station. I saw Mr. Smith arrive + at the depot about 10.30 P. M., and after putting the team up, he + went into the station with four or five men. I watched Mr. Smith + until all the men had left, the last two going north on an + engine, after which I saw Mr. Smith lie down on a settee. After + some time I entered the room, where he was lying, and struck him + over the head with the pipe, which was in my possession. His head + moved on the pillow, and when he started to rise, I struck him + again. We then clinched, and had quite a severe struggle during + which I lost my hat and the lead pipe. I then freed myself from + Mr. Smith, and disappeared, running to where the team was waiting + for me. We drove direct to Sutton, where the fellow jumped off, + and I kept on to Richford, where I left my team at the American + hotel, telling them that it would be called for. On the way to + Richford after having committed the assault, I called at Jenne's + hotel, Howarth having told me that on my way back the money would + be left with Jenne to pay me. When I arrived there I called to + him, and after a few minutes he came, and I asked him if there + was some money there for me, and he said, "Yes," and at the same + time he went back and brought out fifty dollars, which he gave + me. I asked him where the rest of the money was, and he said: + "Only a part of it had been collected; give me your address, and + we will collect it and send you a money order." This money order + I have never received. At Richford I hired a team and drove to + what I thought was about half way to St. Albans, where I stayed + all day Sunday, and took the night express for Boston. The bay + horse and open buggy, with yellow running gear, were furnished me + by Howarth a few days previous to the assault. The team was + engaged by Jenne at the livery stable in the rear of the American + House, Richford, and the young man who drove the team on the + night of the assault was young Jim Wilson. He left me at Sutton, + and I was instructed to leave the team at the Richford livery + stable above mentioned, which I did, and the same livery man whom + I asked for another team to drive me to St. Albans, or a part of + the way, hitched up a team and sent a man with me whose name I do + not know. When I drove up to his place that Sunday morning, I + awoke him and said that I had brought back his horse which I had + been using for the last few days, and I also told him that this + party would settle for it, and he replied, "All right."'" + +In this testimony of Kelly's we see the evidence of a preconcerted +plot in which many liquor men, both Canadian and American, must have +been initiated. It is an important fact also that the man entrusted +with the execution of their lawless plans was himself a bartender. +From the evil account of Mr. Smith's deeds, which Kelly says was given +to him on his arrival in Canada, it appears that the enemies of +temperance are not contented with taking the property of their +fellow-men as they often do in different ways, they are not even +satisfied with inflicting bodily injury and suffering upon those who +oppose their ways, but they would blight their reputation, and this, +too, is no small injury, for in the words of Shakespeare: + + "Who steals my purse, steals trash; 'tis something, nothing; + 'Twas mine, 'tis his, and has been slave to thousands; + But he that filches from me my good name, + Robs me of that which not enriches him, + And makes me poor indeed." + +The announcement also that the liquor men had reported their enemy to +the railway company, and that his discharge had been ordered, is +significant in the light of later events. The complaint made by them +to the company seems from the above to have been that Mr. Smith was +examining goods shipped into the county by way of Sutton Junction, and +this, we are assured, was a false report. However, it seems probable +that, if the hotel keepers had not been receiving illegal goods in +this way, they would not have been so suspicious. Another account of +Kelly's testimony was published in the Montreal _Daily Star_. Omitting +those parts which do not differ materially from the report in _The +Templar_, this report is as follows: + + "The reason that Kelly did not get his hundred and fifty dollars + for half murdering Mr. W. W. Smith, it appears, was 'that he did + not half finish his job;' at least that was the reason given in + another letter of Howarth to his friend Mr. Flynn in the United + States, who showed it to Kelly. It is left to the imagination as + to what the result would have been if he had finished the job. + Kelly's testimony occupied all the afternoon, and he stood the + ordeal extremely well. Mr. Racicot tried to shake him, but in + vain. He told his story in a straightforward manner, and it + showed how easy it is even in our present civilized and advanced + age to get rid of or punish people without running personal risk + of bodily injury if you go the right way about it. The case is + also a forcible reminder of the truism that the laborer is worthy + of his hire, and that things done on the cheap are apt to turn + out badly.... + + "That night he drove in the vicinity of a friend's home, where he + was told that Smith was not at home. He went with the intention + of seeing Mr. Smith. If he had met him he would have licked him + then and there. He always stayed at the Wilson's, when he had + nothing better to do, and they did not charge him anything. He + was convinced that the Wilsons, though they did not say so, knew + perfectly well what he was doing. Kelly met Smith once at the + Sutton Junction station while he was on the train. The night of + the attempted murder he asked Jim Wilson to drive him. Wilson + must have know what Kelly was going to do, for the latter + undressed while they were driving together, and put on the + disguise, and Jim Wilson must have seen him put the lead pipe in + his pocket. Wilson waited for him with the rig, while the drama + in Smith's station-house took place. Kelly then rehearsed the act + himself, varying but little in the story from the version given + by Mr. Smith. The remainder of the story finished.... + + "When he was half way to St. Albans he sent the Richford team + home and hired another on the road. He took the train at St. + Albans to Boston, and from there returned home to Marlboro. He + met Howarth at Marlboro afterwards, and Howarth said that he + would see about the money. He then spoke to Howarth's friend + Flynn and the latter wrote. In reply he got back a letter from + Howarth, in which the latter said: 'Kelly did not half do his + job, and all the others are kicking at me.' At any rate, Kelly + did not get his one hundred and fifty dollars. Mr. Racicot then + took him in hand and tried very hard to tangle him up. He + commenced by trying to break down the force of the evidence of + the letters, which Kelly claims Howarth has written, and which + Kelly claims he had seen. Of course he had to admit that he could + not swear they were written by Howarth. Next, his efforts were + directed to words trying to prove by Kelly's testimony that the + assault was not a murderous one. Partly to protect himself, + partly because he believed it the truth, Kelly then was compelled + to testify that he was not asked and had not undertaken to kill + Mr. Smith. He never told any one that he had, and did not intend + to kill him or do him serious injury. The murderous-looking gas + pipe club on exhibition on the Judge's Bench gave this part of + the testimony a rather sarcastic tinge. In continuing, he got + Kelly to say he did not think he had hurt Smith seriously, but + simply that he had fulfilled his contract. It came out that, + while living in Marlboro, Kelly was a barkeeper, and was seen + drinking with others in a hotel. There is apparently a good + opportunity for missionary service of the sort Mr. Smith delights + in in Vermont. He was asked to go into lengthy details as to how + he was arrested, brought from the States by Mr. Carpenter and + treated while in his custody, and said that he expected to take + his chances on being sent to jail or penitentiary. When his + testimony was finished a wrangle took place between opposing + counsel as to whether or not prisoners should be admitted to + bail. Mr. Duffy opposed in so far as Howarth was concerned, + because he was an American, and because once at liberty he would + approach the other conspirators and frustrate the ends of + justice. Finally Howarth was remanded till Wednesday. Jenne was + allowed out on nominal bail, and Kelly remanded to the custody of + Mr. Carpenter. Some more arrests and some more verbal and very + interesting documentary evidence is promised for Wednesday." + +[Illustration: Walter K. Kelly, Marlboro, Mass.] + +The statement of Kelly that he did not intend to kill Mr. Smith, and +was not asked to do so, has a decided look of absurdity when viewed in +the light of the various circumstances surrounding the assault. If he +simply intended to "lick" Mr. Smith, why did he attempt it in such an +unfair and cowardly way? Why did he, when the object of his assault +was asleep, attack him with a weapon which might cause death? And why, +having such an advantage over his victim, did he begin at once to +pound his head? This is a very dangerous way to administer a whipping! +Moreover, if the hotel keepers of the vicinity only wished to have Mr. +Smith pounded, it seems strange that not one of their number was +willing to undertake the task himself. Or, if not, why did they not +hire some ruffian who could be induced to give almost any man a +pounding for a smaller sum of money than that promised to Walter +Kelly, and, besides, might have supplied his own necessary outfit, and +save them the trouble and expense of providing board, team, weapon and +disguise of clothing. + +Again, the liquor men should have known that such a course would not +be likely to help them very much, for any man who is sincerely in +earnest and seeks the prosperity of a good cause, will not be likely +to stop his work because of a slight pounding. There are many things +in this world not easy to understand or explain, and this affair seems +to be one of them, but, of course, it is a lawyer's business to work +for the interests of his clients, and prisoners usually consider it +their privilege, when in the witness box, to work for their own +safety. + +The testimony of Mr. Smith, which had been begun on Friday, and had +given place to Kelly's evidence when he arrived from Montreal, was +resumed on Wednesday, Sept. 5th, when the case was again considered in +court. The following report of Wednesday's proceedings was published +in the Montreal _Daily Witness_: + + "The preliminary enquiry into the Sutton Junction attempted + murder case was resumed this morning before Messrs. C. H. Boright + and G. F. Shufelt, J. P.'s. The court room was crowded, and much + interest was evinced in the progress of the case. Mr. W. W. + Smith, continuing his evidence, described his struggle with + Kelly. The first blow rendered him partially unconscious, and + apparently was not repeated for two or three minutes. A second + and third blow was given with the lead pipe, but, owing to his + having clinched with Kelly, they did not have the effect of the + first. During the struggle, both men got out on the station + platform, and eventually rolled from the upper to the lower one, + Smith all the time calling out 'murder,' and Kelly breaking loose + ran away. He was positive that it was Kelly's intention to kill + him, not merely to give him a beating. + + "He recognized the lead pipe as the weapon Kelly used, and also + the hat was the one he left behind in the station. + + "He went to Marlboro on August 25th, and identified Kelly, whom + he saw drinking with three other men at the bar of the Central + House. + + "He travelled from Fitchburg to Montreal with Mr. Carpenter, and + was present in the former's office, when Kelly acknowledged to + having committed the assault. + + "Two other witnesses testified to having seen Howarth and Kelly + together at Sutton, on May 24th, where it was given out that the + latter was from the United States, and was buying horses. It was + also in evidence that Kelly was seen at Curley's hotel, Sutton, + on the evening that the assault was committed." + +After these witnesses were heard, the case was put over until Spring, +to be considered and decided by the Court of Queen's Bench, which was +to be held at Sweetsburg, in March, 1895. Kelly, Howarth and Jenne +were committed for trial at that time. Jenne was released on bail, and +application was made for bail to be granted for Howarth also. This was +refused by the magistrates, and Mr. Racicot then applied to the Judge, +being opposed in his application by Mr. Duffy, the lawyer for the +Alliance. + +Judge Lynch carefully considered the matter in its social and legal +aspects. + +He brought up several cases in the history of the country in which +application for bail had been refused, recited the general principles +which had governed the various judges in making these decisions, and +concluded his remarks thus: + + "It only remains for me now to apply these general principles, + which have received the sanction of our highest courts, to the + present case, and cannot better do so than by asking myself the + questions which were submitted by Judge Power, as being the basis + of his conclusions in the Maguire case. + + "What is the nature of the crime charged against Howarth? Is it + grave or trifling? It certainly is not trifling, it is one of the + most serious known to our law, being nothing less than an + accusation of an attempt to commit murder. 2d. What is the nature + of the evidence offered by the prosecution, and the probability + of a conviction? I prefer not to discuss or consider now the + strength of the evidence which was adduced before the + magistrates, to which alone I can look. It apparently presents a + strong case, and if it is believed by the jury, and not rebutted + by other evidence, it would, in all human probability, lead to a + conviction. 3d. Is he liable to a severe punishment? Yes--to + imprisonment for life. In face, therefore, of the answers which I + am obliged to give to the foregoing questions, I cannot hesitate + as to my duty in this matter. It is important in the public + interest that Howarth should be present in court, and stand his + trial on the charge preferred against him, and nothing can or + should be allowed to interfere to prevent this from taking place. + + "It might possibly be otherwise were bail allowed, and I cannot + take the responsibility of such an occurrence. The application is + refused." + +From these words of Judge Lynch we see clearly how very serious a +matter this assault case must have seemed to him at that time. After +this decision Kelly was again placed in custody of Mr. Carpenter, and +returned to Montreal, where he was kept in prison, while Howarth +passed the winter in Sweetsburg jail. + +Meantime, some of the members of the liquor party took advantage of +the excitement which this assault had caused by trying to frighten +other temperance people. One man, Allen C. Armstrong, living in the +neighborhood of Sutton Junction, who had been an aid in the work of +locating Kelly, awoke one morning to find upon his doorsteps a +miniature coffin, which bore an ominous inscription, giving his name +and the record of his death (without date), and calling him a "Sutton +Junction detective." Also, anonymous letters were reported to have +been received by two men in the same vicinity, viz.: N. P. Emerson, +Vice-President of the Alliance for the township of Sutton, and J. C. +Draper, President of Brome County Agricultural Society, who was also a +member of the Alliance, bidding them beware lest they also suffer in +the same manner as Mr. Smith. + +It may have afforded a degree of satisfaction to a certain class of +people to thus add fuel to the fire already kindled by the liquor men, +but their cause will certainly never triumph through any such acts as +these, for there will always be some in the ranks of the temperance +party who will be willing to work the harder the fiercer roll the +flames of opposition. + + + + +CHAPTER IV. + +PROS AND CONS OF PUBLIC OPINION. + + +As may be supposed this assault case became the subject of a great +deal of discussion and controversy, not only in the vicinity of its +occurrence, but also in places far distant, and among people who had +no personal knowledge of any of the parties especially concerned in +it. If the assault upon Mr. Smith had been committed for almost any +other reason than the one which really led to it, it would probably +have caused less intense feeling than it did. But an assault of such a +serious nature, made on account of a man's temperance principles and +practices, appealed to the public sense of right, and seemed the +signal for a war of pens and tongues between the opposing parties of +temperance and inebriety. Very few of the latter party proved brave +enough to have their opinions submitted to the press (or else the +press would not accept them), but doubtless those opinions were freely +expressed in private. + +We purpose devoting this chapter to a few of the views of societies +and individuals respecting this affair, as they were published in the +columns of certain newspapers. The following from _The Templar_ shows +the feeling of the Alliance in a border county to that in which the +deed was committed, as expressed just before the opening of court: + + "The Missisquoi County Alliance, at a meeting held August 28th, + passed the following resolution, which was unanimously adopted + amid applause: '_Resolved_, That this County Alliance now + assembled desires to record its deepest sympathy with Mr. W. W. + Smith, President of the Brome County Alliance, in the recent + outrage perpetrated upon him by the emissaries of the liquor + traffic. We rejoice to know that there is a prospect of the + speedy bringing to justice of the perpetrators of that assault. + We also desire to record our high appreciation of the valued + services to the cause of prohibition in this section by Mr. + Smith, and trust that he may long be spared to continue his + heroic efforts to free our country from the ravages of strong + drink.'" + +The following resolution was adopted by the executive of the Quebec +provincial branch of the Dominion Alliance, at a meeting held in the +parlors of the Y. M. C. A., in Montreal: + + "That this Alliance records its profound sympathy with Mr. W. W. + Smith, President of the Brome County Alliance, in the recent + murderous assault made upon him, resulting from his earnest and + successful efforts in the cause of law and order in the County of + Brome, and this Alliance trusts that full justice will be meted + out to the perpetrators of this atrocious crime." + +The letter given below appeared in _The Knowlton News_ of Oct. 12th, +1894, under the heading "A Few Words on the Other Side:" + + "To the Editor of _The News_: + + "SIR,--In the discussion of a case which has and is now agitating + this good County of Brome, that spirit of British fair play which + has attained to the dignity of a proverb has been lost sight of + to a marked degree. I refer to the alleged assault on Mr. W. W. + Smith, at Sutton Junction, in July last. The Dominion Temperance + Alliance and its friends are doing their best, by means of the + press and otherwise, to poison the public mind in advance of the + trial against the party who is charged with procuring the assault + on Mr. Smith, and also against divers other persons in the county + who are said to be his accessories, charging them with the + commission of a grave crime without a scintilla of reputable + evidence on which to base such a charge. This, I say, is not fair + play, and those guilty of the unfairness need not find fault if + lovers of justice refuse to follow them in their raid on men and + characters, or by silence lend strength to the unwarranted + assumption that each and every one of those so flippantly + accused are guilty from the word 'go,' and must be pilloried in + public and private, and subjected to the shame and embarrassment + arising from these attacks on their character, as law-abiding + citizens and legal subjects of Her Majesty. + + "There is a limit beyond which self-constituted conservers of + public morals must not go; and good men should not be brutally + attacked in public by agents of the Alliance on the strength of + the admissions of a fellow, who, if he tells the truth, is one of + the meanest rascals that ever cumbered the earth. I refer to the + fellow Kelly, Mr. Smith's self-confessed assailant. + + "I offer nothing in defence of lawbreakers, nor would I, if I + could, do aught to mitigate in the least degree the punishment + that may be meted out to the person who wantonly assaults a + peaceable citizen, but candor and strict impartiality force me to + refuse to accept as truth all the rubbish of tergiversation with + which this agitated Smith case has been surrounded by the + intemperate zeal of professed temperance men. I believe in + temperance, and if those who knowingly violate the law against + the sale of intoxicants are brought to judgment and punishment, + they get but what they deserve, and all good men will applaud the + vindication of the majesty of the law. But we are scripturally + enjoined to be 'temperate in all things.' This applies as well to + words as to the use of stimulants, and the grossly unfair attacks + on men's characters by certain of the Alliance emphasize the + necessity for a strong curb on that unruly member, the tongue, + which has brought many a good man and worthy cause into grave + disrepute, and made them enemies where otherwise they might have + had friends. + + "This whole Smith business has a 'cheap John' flavor, which makes + careful men view it askance. Who witnessed the assault on Smith? + Nobody. He tells of being struck three times on the head with a + piece of lead pipe, weighing some four pounds, and has in + evidence the terrible weapon. Did his person bear evidence of the + murderous assault? No. All who saw him in the early morning + following the alleged assault were surprised that he bore no + marks of the terrible struggle for life through which he claimed + to have passed. Why, one blow from such a weapon as he exhibits + would have crushed his head as if it were an egg shell, yet he + claims to have sustained three blows, and is alive to tell of it! + Shades of Ananias and of Munchausen! + + "But it were useless to pursue the subject further. + + "It is to that spirit of fair play so characteristically British, + and to which we are proud heirs, that I would appeal. Everything + is being said and done to prejudice the public against those who + are accused of instigating Kelly to the assault on Smith; but, + singular as it may seem, Kelly is patted on the back and called a + good fellow. Why? Admitting the truth of Kelly's story, is he + less guilty because he had confederates? A strange feature of the + case is that Kelly willingly came back to Canada, when + extradition would have been about impossible. + + "He was taken to Montreal instead of to Sweetsburg, and was there + royally entertained instead of being put in close jail. While in + Montreal he was interviewed,--and by whom?--the Crown prosecutor? + No; but by Smith and his counsel, Mr. Duffy. Meantime, several + so-called 'detectives' were scouring the country for evidence. Of + what? They had Smith's assailant, and he had told his story. + Those whom he charged as being instigators of his crime were + attending to their business, and might have been apprehended + within twenty-four hours after Kelly's arrest in the States. Then + what were the detectives seeking?--what were they after? That + $1000 reward was in sight, and this may have been the inducing + cause of this prowling. + + "It would seem to 'A man up a tree' that there are certain + revenges to be completed--sundry old grudges to be satisfied, and + the Crown is asked to assist in this questionable work. Those + familiar with the matter say that in our broad Dominion there are + no better conducted hotels than those to be found in the Eastern + townships. They are well kept, and the travelling public is most + hospitably entertained, well fed and comfortably lodged. A + well-conducted hotel adds to the strength and business character + of a village, and a faithful landlord is expected to furnish + guests certain necessities, one of which may be liquor. + + "And because he does this should he be reviled, and persecuted, + and driven out of business? That liquor is a great evil, no one + can honestly deny, and being such, and being beyond the power of + man to destroy, let us do the next best thing--curb and control + the evil in the best manner possible. + + "A dozen wrongs will never make a single right, and the wrongs + that are being committed in this Smith case have appealed to one + who believes in + + "_Brome, Oct. 8th, '94._ FAIR PLAY." + +The following comments appeared in an editorial in the same paper: + + "It is impossible to shut one's eyes to the ill-feeling that is + growing throughout the County of Brome, and spreading itself over + the district, as a result of what is known as the Smith assault + case. Hitherto, only one side of the case has found an echo in + the public press, but to-day we open our columns to a + correspondent who expresses in moderate language the sentiments + of those who think there is something to be said on the other + side. We commend his letter to the attention of our readers + without in any sense committing ourselves to the writer's + conclusions. Everybody must feel sorry for the misfortunes of Mr. + Smith, and if, as it is alleged by some, he has allowed his zeal + to get the better of his discretion, he is not the first man who + has been carried away by a superabundance of enthusiasm, or who + has suffered therefor. Mr. Smith's friends will try to make a + martyr of him. We doubt that they will succeed." + +If, as the Editor of _The News_ seems to consider, "the sentiments of +those who think there is something to be said on the other side" are +expressed in the above letter in "moderate language," how must those +views sound when expressed in the most forcible terms of angry barroom +parlance? Let us thank God that we are not compelled to hear these +opinions when thus declared, nor even to see them made known through +the press. + +It is said in the above note that Mr. Smith's _friends_ would try to +make a martyr of him, but it was doubtful if they would succeed. We +think the Editor of _The News_ is mistaken in this, it was Mr. Smith's +_enemies_ who appeared desirous of making a martyr of him, and they +very nearly succeeded; but, through the providence of God, he is still +in the ranks of temperance workers. We are told that "one with God, is +a majority," and more than one in Brome County are true to the right, +therefore, the liquor party with all their efforts are still in the +minority there. In the next issue of _The News_, dated Oct. 19th, +appeared the following replies to the above epistle from "the other +side:" + + "To the Editor of _The Knowlton News_: + + "SIR,--In regard to the communication in your issue of October + 12th, over the signature of Fair Play, your correspondent says: + + "'This whole Smith business has a "cheap John" flavor, which + makes careful men view it askance. Who witnessed the assault on + Smith? Nobody. Did his person bear evidence of murderous assault? + No. All who saw him in the early morning following the alleged + assault were surprised that he bore no marks of the terrible + struggle for life through which he claims to have passed. Shades + of Ananias and Munchausen!' + + "Mr. Editor, here we have the substance calling upon the shadows. + As one who visited Mr. Smith on the morning following the + assault, I assert that Fair Play makes a direct departure from + the truth. I challenge Fair Play to give the name of a single + reputable individual who now will corroborate his assertion. Such + a statement is in direct contradiction to the sworn testimony of + our respected fellow-citizen, R. T. Macdonald, M. D. Mr. Smith + was visited on the following morning by scores of people, and + they saw upon his person the evidence of a violent and brutal + assault. Many of the visitors expressed their determination to + see fair play, and their willingness to subscribe, which they + subsequently did, to a fund to bring the guilty party or parties + to justice. Fair Play need not worry about the slandered + characters of the hotel keepers of this county. Their characters + are in their own keeping, just as the characters of merchants, + mechanics and ministers are in theirs. If the parties who are + accused of complicity in this affair are innocent, they will have + the opportunity of proving themselves so. + + "And why should not your correspondent exercise that spirit of + fair play, the lack of which he so much deplores in others, and + not make the useless attempt to impeach Mr. Smith's veracity in + the case of this assault. Such an attempt is both useless and + senseless, for within an hour or two of the assault he was under + the professional care of one of the most eminent and reputable + physicians of the Province, who surely would at once have exposed + any imposture. + + "Even Fair Play would be willing to see an assaulter punished, + but seems to have made a discovery which, singular to say, in + nearly three months of intervening time no one has yet thought + of, namely, that no assault was committed. + + "The cheap John part of this affair is in Fair Play's letter, in + which in one breath he professes to be a temperance man, and says + a hotel keeper who violates the law and gets punished gets just + what he deserves, and in the next breath tells us that liquor is + a necessity, and asks why trouble the man who furnishes it. + Surely, we see the hem of the cloak of hypocrisy. Fair Play + should also give the public his name, so that people may judge + for themselves the value of his peculiar and disinterested view + of fair play; farther, some folks are already conjecturing who + the author was, and it is not fair to let any one be under the + imputation of a thing he did not do, and surely no man need be + afraid or ashamed to have his own views appear over his own name. + He asks, Who saw the assault? and answers, Nobody. Who saw Hooper + try to drown his wife? Nobody. And yet one of these so-called + detectives was instrumental in landing him in prison, and people + seem to think that he did get fair play. + + "Fair Play says careful men view this askance. In this town, + where naturally the keenest interest is taken in this affair, + nearly or quite all of the representative men have condemned the + assault in the most decisive manner. + + "Now, Mr. Editor, let me say that among the great mass of the + people of this vicinity, there is no desire to make out that Mr. + Smith is either a hero or a martyr. It is a question of law and + order on the one hand, and crime and violence on the other. The + assault is admitted, and a conspiracy is alleged. No doubt there + are landlords in this country who would not implicate themselves + in any illegal proceedings against Mr. Smith nor sympathize with + the same. Such men are suffering nothing, but it is doubtful if + there is a person of ordinary capacity in this vicinity who does + not believe that the assault was the outcome of a conspiracy, and + men are not slow in expressing the wish that if we have such + people living among us that they may be exposed in their true + character and punished, whether they profess to be saints or + sinners, and the people of this town would extend the same + sympathy and offer the same assistance to the accused parties, if + they had been the victims of an assault and suspicion pointed to + Smith and the Alliance as its instigators. + + "MERIT LONGEWAY. + "_Sutton, October 15th, 1894._" + +[Illustration: Lead Pipe, Rope and Hat.] + + "To the Editor of _The News_: + + "SIR,--Permit me to reply to some of the statements of 'Fair + Play' in your paper of October 12th. First, I should like to ask + what is meant by poisoning the public mind? + + "If Fair Play means enlisting the sympathies of the public on the + side of the temperance party, all that is needed is a clear + statement of the plain, unvarnished facts. There need be no + 'unwarranted assumption,' or charges without evidence, for + members of the liquor party before that assault at Sutton + Junction, and more especially since that time, have themselves + acted in a way that has estranged some who have been their warm + supporters, as they have procured the discharge of Mr. Smith from + the employ of the Canadian Pacific Railway Company, whom he had + served faithfully for fifteen years, and have also threatened the + lives of other peaceable citizens, because they chanced to frown + upon violence and lawbreaking. + + "Furthermore, Fair Play declares that the Temperance Alliance and + its friends, of which he plainly is not one, are charging divers + persons in this county with the commission of a grave crime of + which they have no reputable evidence. Thus does this very brave + apostle of 'the other side' fearlessly assert, with no proof for + his statement, that all the various persons who have given + evidence in this case in Mr. Smith's favor are disreputable, and + their testimony of no value. Truly this is a bold statement, and + it would seem that sometimes pens as well as tongues need + 'curbing.' Although Fair Play declares that he 'offers nothing in + the defence of lawbreakers,' yet his entire epistle is plainly in + defence of just that class of people, for it is written in behalf + of the hotel keepers who have repeatedly broken the law, and were + convicted of liquor selling in court, not long since. + + "Again, this 'believer in fair play,' in speaking of Mr. Smith, + says: + + "'Did his person bear evidence of murderous assault? No, etc.' + Either the writer of these words has very little regard for + truth, or else he knows very little of the subject he is talking + about. What is he going to do with the evidence of the skillful + physician who attended Mr. Smith, and who upon his first visit + dared not promise that he would ever recover? What is the opinion + of those people who were awakened at dead of night by cries of + murder, and who found Mr. Smith with the marks of the combat + freshly upon him? Why is it that he has not yet fully recovered + from the effects of this assault? And what reason has Fair Play + for doubting the testimony of Mr. Smith himself, even if there + were no other proof? He says, 'One blow from such a weapon as he + exhibits would have crushed his head, as if it were an egg + shell.' Perhaps he has forgotten that circumstances alter cases, + and the position of the victim, the courage of the assailant, and + the direction of the blow might alter this case very much. It is + little wonder that at this point he invokes the aid of the shades + of Ananias and of Munchausen! He next states that while the + public are being prejudiced against the liquor sellers of this + county, 'Kelly is patted on the back, and called a good fellow.' + Would Fair Play wish to be patted in the same way, being retained + in a prison cell, knowing not what punishment may await him? + + "We would repeat the question asked, 'What were the detectives + seeking?' But we do not conclude, like Fair Play, that it was the + $1000 reward they were working for, as no such reward was ever + offered. The objects for which these detectives were really + seeking were those men whom Kelly had accused, who, according to + Fair Play, 'were attending to their business,' and perhaps they + were, but if so, they must have had much business abroad. He next + enlarges upon the merits of Eastern township hotels, and among + other things says 'A faithful landlord is expected to furnish + guests certain necessities, one of which may be liquor. And + because he does this, should he be reviled, and prosecuted, and + driven out of his business?' How does this compare with his + former statement that he 'offers nothing in defence of + lawbreakers,' and that 'all good men will applaud the vindication + of the majesty of the law?' + + "TRUTH." + +In the following number of _The News_ appeared this note: + + "We are in receipt of another letter from 'Fair Play,' but as + personalities are indulged in, and as we are averse to entering + upon a prolonged and bitter controversy, we are constrained to + decline the publication of this communication." + +In this we seem to see a hint of that spirit of harshness and +unfairness which so often characterizes the actions of the liquor +party, and which sometimes leads to just such deeds as this brutal +assault, which "Fair Play" would persuade the public had never +occurred. + + + + +CHAPTER V. + +THE ACTION OF THE CANADIAN PACIFIC RAILWAY CO. + + +It has already been stated that Mr. W. W. Smith had been for fifteen +years the agent of the Canadian Pacific Railway Company at Sutton +Junction. During two or three years previous to receiving this +appointment, he had also held other positions in their service. He had +long been a trusted and privileged employee of the Company, to whom he +had apparently given full satisfaction. + +It will be remembered that Walter Kelly, in his evidence at +Sweetsburg, testified that Howarth had told him on his arrival in +Canada that the liquor men had "reported Smith to the Company, and his +discharge had been ordered." Mr. Smith soon had reason to believe, +also, that his temperance work was not pleasing to Assistant +Superintendent Brady, who had charge of that division of the Canadian +Pacific Railway in which Sutton Junction was situated. With this man +Mr. Smith had at one time been quite a favorite, but, after he had +united with the temperance workers, the friendship of Mr. Brady became +less apparent, and after the time of the assault his coolness grew +quite marked, and it soon became evident to Mr. Smith, although his +friends were long loath to believe it, that the Assistant +Superintendent was anxious to get rid of him. The rumor spread abroad, +also, that the liquor men were trying to influence the Canadian +Pacific Railway Company so as to obtain Mr. Smith's dismissal from +their employ, and people of other places became anxious to learn the +truth of the matter, as is shown by the following article from the +Montreal _Daily Witness_: + + "It being rumored that the liquor men who so cruelly assaulted + Mr. W. W. Smith, President of the Brome County branch of the + Dominion Alliance, and station agent at Sutton Junction, were not + content with their cowardly conduct, but were making strenuous + efforts to get the Canadian Pacific Railway Company to remove Mr. + Smith from his position as station agent, a _Witness_ reporter, + yesterday afternoon, interviewed Mr. Thomas Tait, Assistant + General Manager of the Canadian Pacific Railway, on the subject. + + "'Is it true, Mr. Tait, that the Canadian Pacific Railway Company + have been asked by men interested in the liquor trade to remove + Mr. Smith from Sutton Junction, as they disliked the active + interest he takes in the temperance cause?' + + "'It has been stated to us that Mr. Smith at times, in order to + get convictions against men who broke the liquor laws, used the + information which his position as station agent gave him to + secure convictions. Of course, you understand none of our + employees have the right to use for their private ends + information they get as employees of the road. I mean that if Mr. + Smith prosecuted liquor men in his private capacity he was + perfectly justified in doing so, but if in order to get + convictions he had to use information which he could alone get as + station agent, he has laid himself open to censure. I have no + proof that Mr. Smith has violated the confidence of the Company. + Mr. Brady, of Farnham, has gone to Sutton Junction, and is + investigating the outrage, and he will let me know whether or not + there is any foundation in the charge against Mr. Smith. If Mr. + Smith is in the right you may rest assured the Company will take + care of him.' + + "'Are you trying to find the man who committed the assault?' + + "'Yes, we have taken action in that direction, too.' + + "Another official of the Company said: 'I was in Richford the day + Mr. Smith was assaulted. It was rumored there that the liquor men + were incensed against Mr. Smith, as they believed he found out by + the way-bills when liquor was addressed to any one at the + junction, and used that information to get convictions. I also + heard that it was men from Vermont who assaulted Mr. Smith, and + that they had been sent to do the deed by liquor men in Vermont, + who are enraged at Mr. Smith.'" + +In this conversation the acknowledgment was plainly made by Mr. Tait +that the liquor men had made complaints to the Company concerning Mr. +Smith, so that, whether their reports had any influence with the +Company or not, the fact remains without contradiction that these +enemies of temperance did make an effort to rob him of the favor of +his employers, and they doubtless intended by this means, to +accomplish just what was finally, by some means, brought about. + +The only accusation which they could make to the Canadian Pacific +Railway seemed to be that Mr. Smith was using information which he had +obtained through his position as agent in order to prosecute them, but +as these hotel keepers were accused and convicted, not of buying +liquor and shipping it into the county, but of selling it to others, +and as Mr. Smith could not possibly have obtained evidence of this in +the capacity of station agent, but only through the testimony of those +who had purchased the liquor or witnessed its sale, it is very hard to +see the reason of these complaints, which were made by the liquor men, +and gravely investigated by the Canadian Pacific Railway Company. + +The only explanation which seems to suggest itself is that these hotel +keepers felt very angry because their trade in the souls of men had +been somewhat interfered with, and not content with the assault which +had been committed, could devise no better way of seeking further +revenge than by thus arousing the displeasure of the Company by which +Mr. Smith was employed. It was no doubt another outcome of the same +spirit which had prompted that assault. + +It is stated in the above report of the interview with Mr. Tait that +the Canadian Pacific Railway had taken action towards discovering Mr. +Smith's assailant, but it seems probable that had this statement not +been made to the reporter the public would have had no means of +knowing that they had made any such attempt, as the results were never +seen. + +Not only the _Witness_, but the Dominion Alliance as well, became +interested in these rumors concerning the Canadian Pacific Railway and +the liquor men of Brome, and wished to learn for themselves the truth +of the reports. The following is an extract from an account given in +the _Daily Witness_ of an executive meeting of the Quebec Provincial +branch of the Alliance: + + "Mr. S. J. Carter referred to the outrage committed upon the + President of the Brome County Alliance. He had known Mr. Smith + all his life, and spoke very highly of the good work Mr. Smith + had done for temperance in the Eastern townships. He regretted + that there had come rumors from Brome which would indicate that + the liquor men were not satisfied with the assault upon Mr. + Smith, but were endeavoring to secure his dismissal from the + position of the Canadian Pacific Railway at Sutton Junction. He + wanted to know, and every temperance man in Canada wanted to + know, if the Canadian Pacific Railway were going to dismiss an + officer of their Company at the behest of illegal liquor sellers + of a Scott Act county? He, therefore, moved: 'That we have heard + with pleasure through the press, that Mr. Tait, Assistant General + Manager of the Canadian Pacific Railway, has stated to the press + that the Company was doing everything in its power to discover + the guilty parties in the attempted murder of their agent at + Sutton Junction, Mr. W. W. Smith. That recent reports have come + from Brome County to the effect that officials of the Company are + in league with the liquor men, and are assisting them to prevent, + if possible, further annoyance by bringing pressure upon their + agent, and that the Company has made no practical effort to bring + the guilty parties in the recent assault case to justice. That we + hereby instruct our secretary, Mr. Carson, to ascertain from the + officials of the Company if such reports are true, and make a + full report for the next meeting of this Alliance.' The + resolution was adopted." + +Somewhat later the following remarks appeared in the editorial +department of the _Witness_: + + "The liquor men who tried to murder Mr. Smith, the President of + the Brome County Alliance, by stunning him with a skull-cracker, + and then leaving him on the track, failed in that cowardly and + brutal attempt, but have escaped punishment at the hands of the + authorities, who seem to be, as usual, perfectly helpless in the + matter. These same liquor men, who in Brome County are all + outlaws, have the impudence to use all sorts of influence with + the Canadian Pacific Railway Company to get them to dismiss Mr. + Smith, who is their agent at Sutton Junction. This is a fine + state of things, and the county, which is a prohibition county, + is watching to see what the Company will do. Here is a chance for + capital to tyrannize at the behest of organized iniquity and + lawlessness." + +It often happens that people get very much aroused and alarmed when +there is no real foundation for their fears, but not so in this case. +The following from the _Witness_ of October 8th shows that there was +some cause for excitement in the minds of the temperance people: + + "The sequel to the lead pipe murderous assault upon Mr. W. W. + Smith, President of the Brome County Alliance, occurred on + Saturday last. It has been well known that the liquor men, + baffled in their attempt to murder Mr. Smith, had, however, not + abandoned their plan to ruin him and discourage other temperance + workers in the county. Their scheme was known to the temperance + people, but it was not thought possible that it would succeed. It + was nothing more nor less than the securing of the dismissal of + Mr. Smith from his position as agent of the Canadian Pacific + Railway. It has, however, succeeded. Mr. Smith was notified on + Saturday last of his dismissal from the Company's employ. Some + astonishing revelations may be expected, as the temperance + people are intensely indignant that the Company should have + yielded to the demands of the liquor party and removed from its + service one who has been for years a trusted servant and a + faithful officer." + +It was indeed a great surprise to most of the temperance community +when the news of this dismissal went abroad. They had not been ready +to believe that in these days of temperance agitation, in these last +years of the nineteenth century, a great and powerful corporation like +the Canadian Pacific Railway Company, knowing for a fact that +nine-tenths of all the terrible accidents that occur on railroads +causing loss of life and property are the outcome of intemperance, +would become the instrument in the hands of illegal liquor sellers to +carry out their will. + +The correspondence which had passed between Mr. Smith and Assistant +Superintendent Brady was preserved and placed in the hands of the +Alliance, who requested and obtained its publication in the _Witness_. + +It was also afterwards published in _The Templar_ and in several other +papers. It describes many of the events which led to Mr. Smith's +dismissal, and seems to show plainly the real cause of that dismissal +in spite of all later contradictions. The first communication which +the accused agent received from the Assistant Superintendent +concerning his temperance work was as follows: + + "W. W. Smith, Agent, Sutton Junction. + + "DEAR SIR,--I enclose you herewith two letters, one from B. L. + Wilson, of Glen Sutton, and one from Nutter & French, of + Sherbrooke, both making complaints that you are taking advantage + of your position as agent of this Company in getting together + testimony to convict hotel keepers and others of selling liquor. + It does not seem possible to me that these statements can be + true, but the charges are made not only by the parties, writing + these letters, but by several other parties in Brome County, and + who claim that they are in a position to substantiate them. I + desire to know from you whether you have used your position to + get evidence as stated above, or whether you have used your + evidence which you may have come possessed of through being an + agent of this Company for the purpose of convicting liquor + sellers. Your immediate reply with the return of the enclosed + papers is requested. + + "Yours truly, F. P. BRADY, Asst. Supt. + + "_Farnham, June 11th, 1894._" + +Below are the letters enclosed in this communication from Mr. Brady, +and containing the complaints, or a part of them, which had been +received by him concerning the Sutton Junction agent. The first was +written by a wholesale liquor firm in Sherbrooke, P. Q., the second by +a brother of James Wilson who, Kelly said, drove the team for him on +the night of the assault at Sutton Junction. + + "F. P. Brady, West Farnham. + + "DEAR SIR,--We are having goods shipped by us to Sutton returned + to us with the information that your agent at Sutton Junction + watches all liquor shipments that go there, and then gives the + information to temperance parties, who make complaints, and get + the hotel men fined. We are in receipt of two letters to that + effect this morning. We think you should take some action in the + matter, as it will effectually stop all shipments to that county + if it continues. + + "Yours truly, NUTTER & FRENCH. + + "_Sherbrooke, June 6th, 1894._" + + + "Nutter & French. + + "DEAR GENTLEMEN,--I can't buy no more goods from you at + Sherbrooke, for the agent at Sutton Junction, name W. W. Smith, + is pawing over all goods and reporting, and he has been having + men to inform of all the hotels in the county. Unless he is out + of that job you won't do more business in Brome County. + Yours, B. L. WILSON. + + "_Glen Sutton, June 7th, 1894._" + +To these accusations, Mr. Smith made the following reply: + + "F. P. Brady, Esq., Asst. Supt., Farnham. + + "DEAR SIR,--Referring to enclosed, I deny charge made against me, + fairly and squarely, and, further than that, I have looked back + nearly two years and find no shipments of liquor for these + parties in my transfer books. I have never used my position in + any way as an agent for this Company to convict liquor sellers, + and no man can substantiate such a statement. + + "As a member of the Brome County Alliance, I have worked as a + private citizen with other members of the Alliance, and the + complaints sent to Mr. Jewell, East Farnham, as evidence against + the hotel keepers in this county have come from the leading men. + I shall use no evidence which I become in possession of as an + agent of this Company for the purpose of convicting liquor + sellers. + + "Yours truly, W. W. SMITH. + + "_Sutton Junction, June 13th, 1894._" + +This is certainly a very emphatic denial of the charges made against +him, and, coming from a trusted employee of fifteen years, it would +seem that it should have been quite satisfactory. However, Mr. Brady +appeared to give more credence to the testimony of the liquor men +than to that of Mr. Smith, and to allow himself to be influenced by +later complaints which were made by them. + +Some time after the above letters were written, Mr. Smith made +application to the Assistant Superintendent at Farnham for leave of +absence to attend a National Prohibition Convention, to be held at +Montreal on July 3d and 4th. He received the following reply, which +shows how unwilling Mr. Brady was to do anything which might tend to +encourage Mr. Smith in his temperance work: + + "W. W. Smith, Esq., Agent. + + "DEAR SIR,--As per my wire of this date, I cannot arrange to let + you off on July 3d and 4th; I have no spare man at liberty. The + assistant at Sutton should have all he can properly attend to + during the night to necessitate his sleeping during the daytime. + + "Yours, etc., + "F. P. BRADY, Asst. Supt. + "_Farnham, July 2d, 1894._" + +The next letter from Mr. Brady, written the day after the assault, and +while Mr. Smith was confined in bed on account of the bruises he had +received, was as follows: + + "W. W. Smith, Esq., Agent, Sutton Junction. + + "DEAR SIR,--Within the past four or five weeks the heads of + different departments, as well as Mr. Leonard, the General + Superintendent, and myself, have received numerous complaints + from shippers and the public generally with reference to your + actions with the late prosecution of liquor sellers in Brome + County. The basis of these complaints is made that you have used + your position as agent for this Company to procure evidence with + which to prosecute liquor sellers. I have replied to some of + these people that so far as I can ascertain you have not used + your position as agent to procure such evidence; but I must + inform you that the same rule with reference to temperance + agitation that governs employees of this Company with reference + to politics must be lived up to, i. e., you must devote your + whole and entire time to the Railway Company if you desire to + hold your position. You must do nothing whatever to antagonize + the interests of the Company, or to create feeling between the + Company and its patrons. You will understand by this that you + must cease temperance lecturing or taking an active part in + temperance gatherings or agitation. + + "I make this letter personal as I consider that the contents of + it will remain strictly between ourselves. + + "Yours truly, + "F. P. BRADY. + "_Farnham, July 9th, 1894._" + +This letter is very emphatic, and if the spirit of it were carried out +in every case as faithfully as Mr. Brady endeavored to carry it out in +this case, the employees of the road would be a band of slaves, and +the Canadian Pacific Railway a sort of Canadian Siberia with all its +positions shunned by every self-respecting laborer. It is well, +indeed, for the Canadian Pacific Railway that all its officers do not +carry out these tyrannical rules with such precision as this, yet it +is plainly inferred by Mr. Brady's words that such rules had been +previously applied in the matter of politics. + +If so, the Canadian public need to stop and realize what a moderate +autocrat they are supporting in their midst in a land of responsible +rule. + +Mr. Brady says: "You must do nothing whatever to antagonize the +interests of the Company, or to create feeling between the Company and +its patrons." This seems to be a very strange sentence in two +respects. First, how can temperance work "antagonize the interests of +the Company?" A railroad is always supported by a community, and must +depend entirely upon that community for its success, its wealth and +its very existence. The more wealthy and prosperous a people become, +the more will they patronize a railroad and contribute to its +maintenance and growth. The community, moreover, is made up of +individuals, and its prosperity must depend upon the health, +enterprise, ability, success and moral character of the people who +compose it. Does not temperance tend to build up the virtues and +prosperity of individuals, and thus to increase the general prosperity +of the country and add to the success of all useful public +institutions? + +Second, how can temperance work "create feeling between the Company +and its patrons?" Surely not all the patrons of the Canadian Pacific +Railway are wholesale and illicit liquor sellers? Mr. Brady seems to +entirely ignore the great company of law-abiding temperance people who +would respect the Company far more if its employees were active +temperance men, and with whom Mr. Brady himself, rather than Mr. +Smith, created intense feeling. + +It was stated in a former chapter that Mr. Smith accompanied Detective +Carpenter to Marlboro, Mass., when he went in search of Kelly. Mr. +Carpenter "on his own responsibility," went to Mr. Brady, to ask +permission for him to do so, and the following leave of absence was +sent to Mr. Smith: + + "W. W. Smith, Esq., Sutton Junction. + + "DEAR SIR,--You may go on No. 11, Conductor will have pass for + you. + + "Sinclair will be at Sutton Junction on No. 15 to-night to take + charge during your absence. O'Regan must look after the business + this P. M. + + "F. P. BRADY. + "_Farnham, Aug. 20th, 1894._" + +As this leave of absence was indefinite as to time, and Mr. Smith was +engaged with the assault case for several days after his return from +Marlboro, the court having opened on Sept. 1st, he had not yet resumed +work at Sutton Junction, when on the evening of September 3d he +addressed a temperance meeting at Richford, Vermont. The next day Mr. +Brady, who seemed to keep remarkably well informed as to the +whereabouts of his agent when off duty, wrote Mr. Smith as follows, +labelling this letter like the previous one, "personal:" + + "W. W. Smith, Esq., Agent, Sutton Junction. + + "DEAR SIR,--I wrote you on July 9th with reference to what you + must do if you remained in the employ of this Company. I am aware + that last night you delivered a temperance lecture at Richford; + this leads me to think that you propose to ignore entirely the + wishes of this Company, and do as you see fit. If such is the + case you will oblige me by sending me your resignation by the + first train, and vacating the Company's premises at Sutton + Junction at the earliest possible moment so that they can be + occupied by the new agent. + + "Yours truly, + "F. P. BRADY, Asst. Supt. + _Farnham, Sept. 4th, 1894._" + +Strange, indeed, that the Assistant Superintendent should have +supposed that an affair like this could always remain personal, and +never be subjected to the public gaze! Did he not know there was a +temperance community in Canada who would, at least, enquire into the +case of a persecuted brother? It is strange, also, that while other +roads at the present time are finding it very much to their advantage +to employ temperance men to the exclusion of others; while serious +accidents are frequently taking place on the different roads in which +scores of human beings perish through the recklessness of some +employee whose intellect is clouded by the action of strong drink; and +while some new roads in the beginning of their existence are adopting +very strict temperance rules; when even the Canadian Pacific Railway +has been obliged to dismiss or suspend some of its men for excessive +drinking; it is very strange in view of all these facts that an +official of this great road should ask a station agent, because he +delivers a temperance lecture off duty, to "vacate the Company's +premises, so that they can be occupied by the new agent." + +An example of what intemperance among railway employees often means +may be found in the Craigs' Road disaster, which occurred on the Grand +Trunk in July, 1895. In this accident, thirteen persons were killed, +and thirty-four others, some of whom died soon after, were wounded. At +the inquest a Victoriaville hotel keeper testified that the engineer +of the wrecked train had purchased from him a quart of ale on the +night before the fearful disaster, which hurried so many into +eternity. + +There were some well-meaning people who are counted in the temperance +ranks who advised Mr. Smith to submit to Mr. Brady, and take no more +active part in temperance work rather than risk the loss of his +agency. This advice was no doubt meant as a kindness, although it did +not partake of the martyr's spirit, but Mr. Smith did not see fit to +follow it, choosing rather to yield his position than his principles. +However, he did not send a resignation, but a few days later wrote Mr. +Brady the following letter: + + "F. P. Brady, Esq., Asst. Supt., Farnham. + + "DEAR SIR,--On account of circumstances which I could not in any + way control, I have been obliged to delay answering your letter + of the 9th of July last. I regret very much to notice that you + have had occasion to refer again to complaints made against me, + which you say are numerous, and not only from shippers, but from + the public generally. In a former letter to you I denied any just + cause for complaint. + + I have now been fifteen years or more in the service of the + Company, and during that time I have endeavored to render, I + trust, a faithful service. I have also received another letter + from you, dated September 4th, asking me to send you my + resignation by the first train, and ordering me to vacate the + Company's premises at the earliest possible moment, so that they + can be occupied by the new agent. I wish you would explain why + you order me to resign, because I delivered a temperance lecture + at Richford, as I have a leave of absence from the Company for + the present, and supposed I had a right to lecture off duty on + any occasion, time or place. You perhaps cannot realize how much + I value my honor and reputation, as it is about the only thing + that I have in the world to protect, and I must ask you to supply + me with the names of those making complaints against me and the + nature of their complaints, and as you also state the public + generally have made complaints, I trust there should be no + hesitancy on the part of the Company to supply me with the + information asked for, as you can readily see it is beyond the + realm of privacy. Please reply. + + "W. W. SMITH. + + "_Sutton Junction, Sept. 7th, 1894._" + +This was Mr. Brady's reply: + + "W. W. Smith, Esq., Sutton Junction, Que. + + "DEAR SIR,--I have your letter of the 6th inst.; my letter of + July 9th to you was perfectly plain. It told you that you must + either quit temperance work or quit the Company. It makes no + difference whether you are on duty or off duty so far as this + Company is concerned. They demand the whole and entire time of + their men, and they are going to have it. So far as the leave of + absence you speak of is concerned, I am not aware that you had + any. Mr. Carpenter came to me, he said, at your request, to get + permission for you to be absent three or four days to go down + into New England, and I gave such permission, since which time I + have heard nothing from you, except that you are disobeying my + orders and the wishes of the Company. I was in hopes you would + relieve the strain by gracefully tendering your resignation. + Unless you see fit to do that I shall have to take other steps. + + "Yours truly, F. P. BRADY, Asst. Supt. + + "_Farnham, Sept. 7th, 1894._" Dictated. + +It appears from this letter that Mr. Brady wished his agent to resume +work immediately on his return with Mr. Carpenter and Kelly from "New +England," and did not expect him to help in the search for other +guilty parties in the assault case, or even to appear as a witness in +court. + +How does this compare with the statement which had been made by Mr. +Tait that the Company had taken steps towards discovering the man who +committed the assault? + +After reading these letters from the Assistant Superintendent, it is +very difficult for some of the temperance people to believe that Mr. +Smith was dismissed for any reason other than that so plainly +indicated in Mr. Brady's own words. + +Mr. Smith's next letter to Mr. Brady was as follows: + + "F. P. Brady, Esq. + + "DEAR SIR,--Your letter of the 7th inst. to hand in reply to mine + of that date, which does not cover the information asked for. + Now, I would like to know upon what grounds you demand my + resignation, viz.: because I addressed an audience in the United + States or because complaints have been made against me as you say + in your letters of June 11th and July 9th, as I wish to be in a + position to answer to any charges made against me. I am very + sorry you take the stand against me you do in regard to my + temperance principles. I understand perfectly well that I am no + longer pleasant to your taste; but I expect fair treatment from + the Company, and ask for nothing more. As far as my leave of + absence is concerned, I have a telegram from you that I can be + absent and Mr. Sinclair will take my place until I resume work + again. No time is specified. Since I returned home, I have been + busy looking up evidence against the parties who were + instrumental in my assault on July 8th last. I intend to resume + work again as soon as possible, I think about a week from Monday + next, September 24th, unless advised by you that my services are + no longer required. + + "Yours truly, W. W. SMITH, Agent. + + "_Sutton Junction, Sept. 11th, 1894._" + +As no reply came Mr. Smith wrote again: + + "F. P. Brady, Esq., Asst. Supt., Farnham. + + "DEAR SIR,--Will you please reply to my letter of the 11th inst. + in regard to resuming work Monday next, September 24th. I am + waiting anxiously to hear from you. + + "Yours truly, W. W. SMITH. + + "_Sutton Junction, Sept. 19th, 1894._" + +Still there was no answer, and on Monday morning Mr. Smith telegraphed +as follows: + + "F. P. Brady, Esq., Farnham. + + "I am ready to resume work this morning. Please reply. + + W. W. SMITH. + "_Sutton Junction, Sept. 24th, 1894._" + +To this came the following reply: + + "W. W. Smith, Sutton Junction. + + "Nothing for you to do this morning. Will advise you when your + services are required. + + "F. P. BRADY. + "_Farnham, Sept. 24th, 1894._" + +This was followed on October 6th by an official announcement from Mr. +Brady telling Mr. Smith that his services were no longer required by +the Company. And in all this correspondence there is not a hint of +unfaithfulness on the part of Mr. Smith to any order of his employers +save the one to "quit temperance work." When the above correspondence +appeared in the Montreal _Daily Witness_ it was accompanied by the +following remarks in the editorial department: + + "We are requested by the Brome County Alliance to publish the + correspondence which preceded the dismissal of the President, Mr. + W. W. Smith, from his position as station agent of the Canadian + Pacific Railway at Sutton Junction. We have already pointed out + the extraordinary assumption of wage slavery, which is implied in + this dismissal as accounted for by the official who did it. The + claim made by Mr. Smith's employing officer, and practically + indorsed by the Company in concurring in this dismissal, is that + the Company owns its employees, soul and body, and that they can + only fulfill their rights of citizenship at its pleasure. It is + not to be supposed that this power asserted over the lives of its + employees is going to be insisted on by the Company as against + every thing they do, and that every man who takes part in a + baseball match or a mock parliament will be dismissed. It is not + to be supposed that the man who busies himself even in politics + will be dismissed if he takes care that he does not do so on a + side distasteful to the Company. The particular thing which is a + capital offence with the Company, according to this + correspondence, is to busy one's self with the enforcement of the + laws of the land or advocate temperance in public. If temperance + advocacy is going to be boycotted by the Canadian Pacific Railway + in the interests of the illegal and murderous liquor business, + there are ten thousand good customers of the road who will want + to know the reason why. This should indeed be asked for in + parliament." + + + + +CHAPTER VI. + +MORE BITS OF PUBLIC OPINION. + + +The action of the Canadian Pacific Railway, in thus dismissing their +agent at Sutton Junction, apparently for no other cause than the +vigorous opposition which he offered to the work of the liquor party +in his own vicinity, like the assault case previously, elicited much +criticism from the public. + +We purpose in this chapter reproducing some of the many opinions +regarding the dismissal which appeared in the columns of the public +press. + +It has been said that "the greatest power under heaven is public +opinion," and it may be profitable for us sometimes to study such an +important power, and especially to consider the opinions of people who +uphold peace, temperance and religion. The following is the view of +_The Templar_ of Hamilton, as quoted in the Montreal _Daily Witness_: + + "The announcement that the Canadian Pacific Railway has rallied + to the aid of the lawless and murderous liquor gang in Brome + County, Quebec, is sufficiently suggestive and startling to + demand attention. Its dismissal of Mr. W. W. Smith, C. P. R. + agent at Sutton Junction, and President of the Brome County + branch of the Dominion Alliance, because of his activity in the + discharge of his duties in the latter office, is one of the most + foolish and anti-Canadian acts of that great corporation. + + "Mr. Smith, it will be remembered, incurred the hostility of the + illegal liquor venders in his locality, and, as the recent legal + investigation shows, a conspiracy was formed, and a bartender + hired to 'remove' him. One night, while in the performance of his + duties at the Sutton Junction station, he was murderously + assailed, and barely escaped with his life. Detectives were + employed, the assassin was arrested, and has confessed that he + was paid by local men, interested in the liquor traffic, for his + work. He and two others, including a hotel keeper, are now in + jail awaiting trial, bail having been refused. + + "Since the committal of the prisoners, Mr. Smith was dismissed by + the C. P. R. Upon September 7th, he received a letter from the + Assistant Superintendent in which occurred these words: 'You must + either quit temperance work or quit the Company. It makes no + difference whether you are on duty or off duty, so far as this + Company is concerned. They demand the whole and entire time of + their men, and they are going to have it.' .............. This + subject is broader than Mr. Smith or any individual. It is the + question of the right of the citizen to enjoy and exercise the + rights of a citizen while employed by such a corporation as the + Canadian Pacific Railway. It is the old problem of slave or + freeman. The Railway is undoubtedly entitled to the best service + of its employees, while on duty; but, after hours, the citizens + should be free to engage in those pleasures and pursuits which do + not conflict with the welfare of society and the State, Mr. Smith + should be free to participate in the agitation to drive the + criminal liquor traffic out of the country without being called + upon to suffer the loss of income. The man who braved the liquor + party, and nearly sealed his devotion to the temperance reform + with his life blood, was not the man to abandon his convictions + at the command of a railway manager. + + "The course of the C. P. R., in dismissing Mr. Smith, has been + warmly endorsed by the cowardly and murderous liquor gang in + Brome, and is so open to the suspicion of being an attempt to + coerce the conscience and abridge the liberties of the citizens + to serve the liquor interests as to make it imperative that some + member of the Commons, which has so largely subsidized that road, + demand in the approaching session a public investigation. A whole + army of men are in the service of the Canadian Pacific Railway + Company, scattered from the Atlantic to the Pacific, and the + nation cannot afford to allow the despotic authority claimed by + the Company over these men. If it can demand the entire time of + their men on or off duty, may it not next demand the service of + the men at the ballot box? An issue has been raised by this + incident which demands the vigorous protest of the press of the + country." + +The opinion of the _Witness_ itself may be learned from the following +article in the _Daily Witness_ of November 24th, 1894: + + "We have received a number of letters from persons who have + determined to give the preference of their railway patronage + against the Canadian Pacific Railway, as a testimony against the + attitude of that Company towards the temperance reform, as + manifested in the dismissal of Mr. W. W. Smith from his position + as station agent at Sutton Junction, for his active advocacy of + temperance and enforcement of prohibitory law. Is it right for us + to publish these letters, which are evidently only the beginning + of what is yet to come, for the feeling throughout the country is + very bitter in many quarters where this challenge to the + advocates of law and order has become known? The question amounts + to this: Is it right for persons who condemn the course of the + Company to punish it in this way, and is it right for them to + make a public question of it by publishing their action? The + reason given for the dismissal of Mr. Smith, as shown by the + correspondence which was recently made public in these columns, + was that he was making things uncomfortable for certain customers + of the Company who were importing liquor into Brome County. As + Brome is a prohibition county, those who import liquor for sale + within its bounds are outlaws. In Mr. Smith's painful experience + they are also assassins. As a matter of fact, according to Mr. + Smith's statement, no shipments of liquor passed through his + station, and he did not use his position as agent of the Company + to bring the lawbreakers to justice. Why both the Company and its + agents should not be ranged on the side of the law of the land, + and why the Company should so protect its share in an unlawful + business against any promoter of law and order, are questions not + raised. Commercial corporations do not pretend to have souls or + conscience. Nobody expects them to have any, and consequently no + one is angry when they show that they have not. Quite apart from + all questions of morals, the money interests of the Company are + those of the country, and the liquor business does not promote + the business of the country. Moreover, it is in the interest of + the railway, and eminently so of its customers, to have railway + servants protected from drink, and the enforcement of the laws + against liquor is the most direct way to protect them from drink. + This is all by the way, however; Companies are not abstract + reasoners. + + "But there is that in this action of the Canadian Pacific Railway + Company which the public are inclined to resent even at the hands + of a Company. In the first place the Company declares that it so + values the custom of the liquor men of Brome, that it can afford + for their sake to boycott the advocates of temperance and the + enforcers of law. A station agent, or even a superior officer, + might be long and notoriously a victim of these same liquor men, + and still remain an officer of the Company, but if he becomes + their active enemy, and the active friend of mankind, he is + dismissed. This is and it is evidently accepted as being a + challenge to all friends of law and order, who are in a position + to make the Company suffer in its sensitive pockets, to show + whether the custom of the friends of law cannot be made as + powerful an engine for the defence of right as that of the + enemies of law and order is for the defence of crime. This is + what temperance men throughout the country seem to be turning + over in their minds just now, and are likely to go on doing so, + so long as the position taken by Mr. Brady towards Mr. Smith + remains the approved action of the Company, and so long as one + holding the intolerable views of Mr. Brady remains its approved + agent. + + "There is another aspect of the Company's action through Mr. + Brady which is rankling in the minds of the wage-earning + population. Mr. Brady told Mr. Smith that the Company wanted all + his time, and was going to have it, and that whether on duty or + off it would not allow him to give temperance lectures. It is not + sufficient to answer that this is not the position of the + Company; that its employees, as a rule, are allowed to go to what + church they think best, to take part in Christian Endeavor, or + football, or whatever they may prefer as the occupation of their + leisure. The fact remains that the Company has, through Mr. + Brady, announced its right to check a man, if it chooses, in the + exercise of his ordinary rights and duties as a citizen and as a + Christian, and has, by sanctioning Mr. Smith's dismissal for + temperance lecturing, formally approved Mr. Brady's attitude. The + Company may summon to its defence any other reasons for Mr. + Smith's dismissal that it chooses. It cannot alter the fact that + the reason given in Mr. Brady's letters is the one which was + given to him, and which was the real cause of his act. This claim + of a soulless Company to own its employees, body and soul, is one + of the most daring and intolerable enunciations of what is in the + language of our day termed wage slavery that we have seen, and + one for which the great public will probably call it to account. + The Canadian Pacific Railway is a national institution, + constructed at the public expense, and a ruling influence in the + land, and its attitude towards the liquor question and the rights + of employees is a matter of national interest, open to free + discussion in the newspapers and in the parliament, and if there + are citizens who, for the purpose of making it feel in its only + sensitive spot how it has outraged public sentiment and done a + public wrong, are willing to sink their private advantage and + convenience in the public good, by going out of their way to + patronize another road, we think it is nothing but right that the + railway should be plainly seized of all the facts." + +The comments of another Canadian paper, the Toronto Star, are thus +quoted in _The Templar_: + + "It is a most regrettable condition of affairs when a corporation + like the Canadian Pacific will dismiss an employee because he is + active in the cause of prohibition, yet that is the case of a Mr. + Smith, who lost his position as agent at Sutton Junction, Quebec, + because the liquor dealers whom he opposed had sufficient + influence to secure his dismissal. + + "No charge of neglect of duty could be made against Mr. Smith, + and the only justification the Company offered was the plea that + the agent should give his whole time to the Company, and do + nothing to antagonize the interests of the Company. There is in + this no claim that Mr. Smith had ever neglected his duty, and the + whole thing narrows down to the fact that he had incurred the + enmity of the liquor dealers, who induced the Company to dismiss + him. This action of the Company may please the men who hired a + thug to assault Mr. Smith, and nearly batter his life out, but it + is a poor way to make friends of peaceful citizens. It speaks + poorly for personal liberty when a man is dismissed from a + railway because he opposes the liquor traffic,--a traffic which + the Company itself acknowledges to be wrong when it requires its + employees not to touch liquor while on duty." + +In _The Templar_ of November 23d appeared these remarks with reference +to one paper which upheld the C. P. R.: + + "The dismissal of Mr. W. W. Smith from the services of the C. P. + R., because he was obnoxious to illicit whiskey sellers in Brome + County, has evoked strong expression of disapproval from not a + few of the papers of the Dominion. + + "Others have preserved a silence, or feebly and unfairly stated + the case, not daring to rebuke the C. P. R. So far as we know, + the Hamilton _Spectator_ alone has had the courage to defend the + gross injustice done a fellow-citizen, and its defence is + peculiar. + + "Would _The Spectator_ permit us to clear the issue? _The + Templar_, in giving the C. P. R.-Smith correspondence to the + public, pointed out the danger to the country involved in + suffering the C. P. R. contention to prevail. If that corporation + can justly dismiss a man because he employs a portion of his time + off duty to demand respect for the law of the land, on the ground + that he is antagonizing the interests of the Company, may it not + logically demand, under pain of dismissal, that he shall vote as + the Company judges to be in its interests? What right has the + citizen that the Canadian Pacific Railway may not require him to + give up to serve its ends? Is _The Spectator_ prepared to defend + such tyranny, and, yes, we will say it--treason to the State?" + +Not only the journals of the Canadian Interior, but those of the +Maritime Provinces as well, showed their interest in this affair, +which had so aroused the temperance people of Quebec and Ontario. The +following, published in _The Templar_, is taken from _The +Intelligencer_, Fredericton, New Brunswick: + + "We have set out the facts of the case at some length, because it + involves much more than the position and prospects of the + dismissed official. His case is certainly a hard one. It is not + denied that for fifteen years he served the Railway Company + faithfully. No charge of neglect of duty is made against him. + Even the charge of the rumsellers, that he used information + obtained as the Company's officer to aid in their prosecution, is + not proven. He denies it, and the Assistant Superintendent admits + that he has failed to find proof of it. + + "But in spite of this, the Company, yielding to the clamorings of + the rum gang, dismiss an officer against whom it has not been + possible to make any charge of neglect, and not even to + substantiate the complaints of those who were bent upon his + dismissal. Mr. Smith's offense was that he was too good a citizen + to suit the views of the outlaws who are engaged in the illicit + rum-traffic. They sought to take his life, hiring one of their + own brutal gang to commit the murder. The attempt was made, but + failing to kill him, they renewed their efforts to have him + dismissed. And in this they were more successful. It is scarcely + possible that the outlawed rumsellers of Brome County had + sufficient influence alone, to accomplish Mr. Smith's discharge. + They were probably backed by the traffic in Montreal and + elsewhere. And this goes to show that the traffic is one; that + distillers, brewers, wholesalers and saloon and hotel keepers are + united; that licensed and illicit sellers make common cause, and + that they use their awful power not only to defy all laws and + regulations which hamper them, but are ready to rob of their + means of livelihood, and their good name, and even to murder such + men as they think stand in their way. These are things which + might be expected of the traffic. But it is quite amazing that a + great corporation like the C. P. R. should become its ally. Most + employers would stand by an employee who had suffered at the + hands of murderous ruffians, because of his sympathy with law + enforcement, and the promotion of the moral welfare of his + community. But the Assistant Superintendent of the C. P. R., + under whom Mr. Smith worked, was not moved by such consideration, + a mere sentimental consideration he would probably call it. He + preferred to coöperate with the rum traffic--to become its tool. + + "We find it difficult to believe that the General Manager or the + Directors can approve the dismissal of an employee for the reason + stated in this case. If they do, then men interested in + temperance reform can no longer have a place in the employ of the + Company. And further, the Company declares its willingness to be + known not only as the ally of the legalized rum traffic, but as + the friend and helper of the outlaws and would-be murderers of + the traffic. + + "This case should not be allowed to fade out of the memory of the + people. It asserts the right of an employer, not only to the + time of the employee, but to his conscience, his sense of the + duties of good citizenship, and his self-respect. If permitted, + unrebuked and uncorrected, it helps to establish the right of + capital to do any unjust and tyrannical thing, either of its own + will or at the dictation of the conscienceless rum traffic, or of + other organized evil. + + "There ought, certainly, be some way of getting redress for what + on the face of it appears to be an act of cruel injustice, done + at the behest of the rum traffic, legal and illicit. + + "Not those alone who are interested in temperance, but every man + who believes that men are other than serfs, and who would have + established beyond question the right of a man to have his own + conscience in matters which relate to himself and the community, + should be concerned to make impossible such tyrannical exercise + of power." + +Not only the Canadian, but some of the American papers also, took up +the cry of tyranny, as is shown by the following, which was published +in the _Presbyterian Observer_, Philadelphia, and repeated in the +Montreal _Witness_: + + "A Canadian Railway Company has been guilty of a piece of mean + persecution against one of its agents on account of his + temperance activity. The station master at Sutton Junction, of + the Canadian Pacific Railway, in the Province of Quebec, was + recently notified that he 'must quit temperance work, or quit the + Company.' The letter further states the ground upon which this + action is based. 'It makes no difference whether you are on duty + or off duty, so far as this Company is concerned. They demand the + whole and entire time of their men, and they are going to have + it.' Short, sharp, peremptory this, but is also a high-handed + proceeding--an infringement upon personal rights. It does not + appear that this man had been derelict in duty to his employers, + or that he took the time that belonged to them in promoting the + cause of temperance. His only offence was that, while + conscientious in daily work, he thought of others, and labored + for their welfare in his spare moments. For that he incurred + official reprobation, and was given the choice of quitting + temperance work or the Company. + + "The railway magnates claimed entire control over all his time, + whether on duty or off duty, demanding in their tautological + language, 'The whole and entire time' of their men, and bluffly + adding that 'they are going to have it.' They would leave no room + for doubt, parley or protest. Accordingly, nothing was left a man + of conscience but to retire and seek employment where he could + exercise a little personal liberty. It is no new thing for men to + give up railway positions on conscientious grounds, when + compelled to work on the Sabbath, but this is the first instance + we have known where a Railway Company has forced a person out of + its employ because of his temperance principles. In our country, + other things being equal, total abstainers are preferred by + railway men. This Canadian Company is away behind the age." + +An affair like this must indeed be very widely discussed, and awaken +considerable interest, when the general opinion in any place with +regard to it is published in the local news from that vicinity, yet +the following paragraph appeared among other items in the _Witness_ of +November 24th, as Danville news: + + "Railways have a right to all the time of employees in hours of + duty, but many are grieved at the action of the Canadian Pacific + Railway in demanding of Mr. W. W. Smith, whom they dismissed for + activity in the temperance cause, that he must not give any of + his time to it when off duty, as such demand is un-British and + strongly in the direction of serfdom. Many spirited people are + going to resent the injustice." + +Various associations discussed this dismissal in their meetings, and +passed resolutions concerning it. The following is an extract from a +report, which appeared in the _Witness_ of November 20th, of a meeting +of the Quebec Evangelical Alliance, held in the city of Quebec just +previous: + + "It was also voted that the following resolution be placed on + record, and a copy furnished to the press for publication: + + "'That this Alliance voice its sympathy through the press with + the different moral and religious organizations of the Province, + which have taken action condemnatory of the arbitrary procedure + of the management of the Canadian Pacific Railway in the + dismissal of Mr. Smith, their station agent at Sutton Junction, + for no other offence than that of being deeply interested in the + moral and religious welfare of the people of his own district. + + "'And further, that this Alliance regrets that the Canadian + Pacific Railway, as a Company subsidized by the Government of + Canada, should see fit to interfere with the civil and religious + rights of its employees, and ally itself with those who are + evading established law, and doing their utmost to destroy social + order in this country. + + "'And this Alliance is of the opinion that if the Canadian + Pacific Railway management seriously desires to retain the + sympathy and support of the best element in the community in + building up their business as public carriers, they will, at the + earliest possible moment, do full justice to their late agent, + Mr. Smith.'" + +The following, also published in the _Witness_, is from a report of +the meeting of a temperance society in one of the sister Provinces: + + "PRESCOTT, Ont., Dec. 5th.--The forty-fifth session of the Grand + Division of the Sons of Temperance was held here to-day. The + question of the discharge of Mr. W. W. Smith, of Sutton Junction, + by the Canadian Pacific Railway, for his loyalty to the + temperance cause, was brought up, the following report of a + special committee on the subject being unanimously adopted: + WHEREAS, Mr. W. W. Smith of Sutton Junction, President of the + Brome County Alliance, in the Province of Quebec, whose attempted + assassination for his fidelity to law and order is a public fact, + has been summarily dismissed from his position as agent of the + Canadian Pacific Railway, for the express reason of his advocacy + of the cause of temperance, this Grand Division desires to + express the view that this action of the Railway Company is a + distinct violation of the rights of citizenship, and deserves + strong condemnation as being tyrannical and unjust in the + extreme, and is calculated, if not redressed, to destroy public + spirit and inflict deep injury to the civil rights of the + people." + +We will now look at some of the opinions of individuals, as expressed +in letters sent by them to the temperance papers. + +The following communication was sent to the _Witness_ before the +publication of Mr. Brady's letters. Doubtless, the writer of this +article may, after reading those letters, have entertained some doubts +as to the infallibility of the opinions here expressed, but they +show, at least, how impossible it seemed to some citizens that such a +corporation as the Canadian Pacific Railway could oppose temperance +activity on the part of its employees. The letter, addressed to the +Editor of the _Witness_, is as follows: + + "SIR,--In your issue of October 9th, a statement occurs which + suggests the necessity of a word of caution. The following is the + sentence: 'Some astonishing revelations may be expected, as the + temperance people are intensely indignant that the Company should + have yielded to the demands of the liquor party, and removed from + its service one who has been for years a trusted servant and + faithful officer.' From a personal acquaintance with several + gentlemen who control the appointment of officials of this and + similar grades of office in connection with the Canadian Pacific + Railway, I wait an explanation of this act of executive power + which will present it in an altogether different light from that + in which it now appears. I cannot believe that officers of any + Company, transacting business with, and dependent upon, the + public, as the Canadian Pacific Railway is, would descend to an + act as described in the case in hand. What the explanation will + be, I will not conjecture, but I can easily conceive it is + susceptible of an explanation which will remove all cause of + censure from the Company. In more than one instance, I have known + the officials of this Company to firmly support an employee in + the maintenance of moral principle, even at a financial loss to + the Company. But, apart from all loyalty to right principle, on + the part of the officiary of the Company, it is to me simply + inconceivable that shrewd business men as these officials are + known to be would be guilty of an act which from a purely + business point of view would be a stupidly suicidal one. It taxes + one's credulity to too great a degree to ask one to believe that, + in view of the recent plebiscite taken in several Provinces, that + any officer, possessed of mental qualifications sufficient to + secure a position of power in the Company, would ally himself + with a coterie of lawbreakers in a secluded village, and + perpetrate an act which would be resented by thousands of + business men and tens of thousands of the travelling public in + our Dominion, and attach a stain to the name of the Company which + would challenge contempt for years future. The facilities + afforded by other competing lines at so many points in our + Dominion for such as would resent an act of this character are + too great to permit a Company that is hungering for freight and + passenger traffic to yield to such inconsiderable and immoral + influences as the liquor men of Sutton Junction and their + sympathizers could command. The Company knows well how slight a + matter often creates a prejudice for or against a railway which + affects its dividends for years, and they know well also that + when an act of this kind is actually done and unearthed, that it + appeals to principles held as sacred by the public of our + Dominion. They also know that, however the temperance ballot + holders may be divided in their political allegiances, in a + matter of this kind, when no political ties bind them, they would + be practically a unit in resenting an act not only tyrannical, + but under the circumstances cowardly and immoral. One cannot + believe that this shrewd Company of high-minded and acute + business gentlemen would be guilty of the folly attributed to + them. Their effort is in every way honorable to attract their own + line, and it is past belief that they should play into the hands + of the Grand Trunk and other competing lines in any such manner + as the accusation, if proved, would mean. Give them time and + opportunity for an explanation before any expression of + indignation manifests itself, and especially before any hasty and + inconsiderate act of discrimination against the Company is made." + + SPECTATOR. + +The publication of the correspondence between Messrs. Brady and Smith +brought a flood of letters from the public to the Editor's offices. It +would be scarcely possible in this place to give all the letters which +appeared in the various papers, but we quote a few. The following is +from the _Witness_ of November 23d: + + "SIR,--I read with much pleasure the letter from 'A Total + Abstainer' in your issue of November 4th, and his purpose not to + travel by the C. P. R. in future, when he has the privilege of + another route. I would like to assure him that he does not stand + alone, that there are many others who feel just as strongly. It + was only to-day that I learned of two persons who, at some + inconvenience to themselves, took passage by the Grand Trunk + Railway in preference to the Canadian Pacific Railway, on account + of the way in which the Company has played so miserably into the + hands of the liquor dealers; and I know of other travellers who + are resolved to use the C. P. R. only when it cannot be avoided. + I am informed that some of the temperance organizations to which + he refers are not going to let the matter rest where it now is, + but will manifest their indignation in their own way and time. + + "It is almost beyond belief that a Company like this should treat + a servant with such inhumanity. + + "After being almost murdered when on duty by an employed agent of + the liquor party, and when about recovered from his wounds, he is + dismissed from the service for taking part in temperance work in + his own time. These are the facts as stated in the published + correspondence, and they need only to be stated to call forth the + indignation and condemnation of all honorable men. + + "ANOTHER TOTAL ABSTAINER." + +Another letter, published in the _Witness_ of December 29th, and +signed "Disinterested," is given below. The allusion to the queries of +the Alliance and the replies of the Assistant General Manager will be +more fully explained in the next chapter. + + "To the Editor of the _Witness_: + + "SIR,--I am usually of moderate temperament and seldom take + extreme views or measures on any subject, but if I understand + rightly the present state of the controversy between the Dominion + Alliance and the Canadian Pacific Railway, unless the latter has + a secret compact with the brewers, distillers and liquor venders + of this county, to warrant their taking the present stand, they + are adopting the most extraordinary course of any corporation + seeking public patronage I have ever known. The following is, as + I understand it, the present position of the affair: + + "1. There are lawbreakers in the county of Brome. + + "2. An employee of the C. P. R. aids in detecting them, and + bringing them to justice. + + "3. The lawbreakers hire a man to murder him, who fails to quite + accomplish his task. + + "4. The employee, in his hours off duty, denounces the practices + of the lawbreakers, and the traffic that creates such lawbreakers + and murderers. + + "5. A district superintendent of the C. P. R. informs him that + for so doing he is dismissed. + + "6. The Dominion Alliance asks why this should be so? Is it not + interfering with the liberty of the British subject? Is not + slavery revived in another form for an employer to say to an + employee, 'You must not express an opinion on any subject of + social reform or otherwise on pain of being dismissed from my + employ.' + + "7. The Assistant General Manager comes out in a two-column + letter explaining the attitude and act of the C. P. R. The + purport of that letter is that the man who antagonizes a + considerable portion of the community is therefore ... less + useful than he otherwise would be in any position (such, for + instance, as a station agent) in the employ of a railway company, + whose main object must be to increase the business, from every + possible source, and who must be careful not to antagonize any + portion of the community upon whose patronage, as a part of the + general public, the success of the Company depends. In all this + letter there is no distinction between the law-abiding and + lawbreaking sections of the community. The logical inference of + the whole letter is, the agent at Sutton antagonized the + lawbreakers of Brome, and those who abetted their doings, and, + therefore, the superintendent of the road was justified in + dismissing him. But by that act the superintendent 'antagonizes' + a very large section of the community, stretching from Halifax to + Vancouver, but he is sustained by the Company in his act. + 'Consistency, thou art a jewel!' As a Canadian I have felt just + pride in the C. P. R., I have advocated its claims against all + other transcontinental routes, especially have I compared it with + the Grand Trunk Railway, and advised my friends to patronize the + former. Now, however, as a free and law-abiding citizen I must, + on principle, change my method unless Mr. Tait, or some one else, + can explain the act of the Company. If both employees interested + in the Sutton matter had been dismissed, I could see that there + was an honest effort on the part of the Company to do justly, but + as it is I can only see underneath all this the intention of the + Company to favor the lawbreakers of Brome and liquor interests + generally at the expense of the temperance and Christian + community. If my views are wrong, and anyone will do me the + kindness to correct them, I shall owe him a debt of gratitude; + for I am exceedingly loath to believe such things of the + management of our noble Canadian Pacific Railway. Until then, + however, I must say that I shall not travel on one mile of the C. + P. R. when I can take another line. I am constantly on the road + between Quebec and Toronto, with headquarters in Montreal. I take + this stand not by choice nor caprice, but on the principles of a + free citizen." + +The following is an extract from a letter discussing the same subject, +published in _The Templar_ of Jan. 4th, 1895, and signed J. W. Shaw: + + "Without giving names, let me state what I have learned directly + affecting the moneyed interests of the C. P. R. Thinking of + visiting a certain station on one of their lines I asked a friend + who had just returned from it: 'What is the fare to that place?' + He replied, 'I don't know; I never buy a ticket; I can't say.' + When remonstrated with, he just said: 'I pay whatever is handy, + sometimes more and sometimes less!' Another individual, in the + habit of travelling in the same way, and boasting of his + smartness, casually remarked: 'My trip this time was a failure, + for Conductor ---- was on the train, and you know I could not + work him.' It did me good to hear that, for the conductor in + question is a well-known gospel and temperance worker, who labors + as he has opportunity for the uplifting of fallen humanity. On + this low plane then it would pay these companies to employ such + conductors, and give them all the scope required outside their + own business. Such employees save more to them than they will + ever lose through the fidelity to principle of any Mr. Smith. + Sterling honesty of principle that such men manifest, instead of + proving an objection, should merit the recognition if not the + approval of the wisest directorate, and should denote their + qualification rather than the reverse." + +Part of another letter, which was signed W. J. Clark, and appeared in +the same issue of _The Templar_, is as follows: + + "Now, suppose the 'section' which Mr. Smith had antagonized had + been the temperance people instead of the liquor element, what + would gentlemen Brady and Tait have said then if the matter had + been brought to their notice? Would they have dismissed Mr. + Smith? I trow not. They would in all likelihood have attributed + the complaint to what they would mentally designate as a handful + of cranks, and paid no attention to it. But when the liquor + element complains, what then? Their complaint is attended to at + once. Why? Because they are the most law-abiding and influential + section of the community? No, but because they are just at the + present time the most powerful section of the community. Do not + misunderstand me. I do not mean that the temperance people of our + land have not the balance of power in their own hands. They + certainly have, but they do not make use of it, while the liquor + element use what power they have for all it is worth. The C. P. + R., and all other such like corporations know full well this + state of affairs, and as Mr. Tait says: 'Their objects do not + extend beyond the promotion of their business,' and consequently + they are ready at all times to cater to the commands of those who + are making their power felt in the land, and to ignore almost + entirely the wishes of those who have the power, but fear to use + it. Mr. Editor, what are the temperance people doing? Are we + sleeping on guard? It seems to me that we are. How many of us, + after reading the two last issues of _The Templar_, will not + deliberately step on board of a C. P. R. train, and pay our money + to that corporation when in many cases we could just as + conveniently transfer our patronage to some other road. What is + our plain duty in the case? Is it not to show the Canadian + Pacific Railway that we are a power in the land, and that we + intend to plainly show that corporation that the rights of good + citizenship are not to be trampled upon with impunity? The action + of the C. P. R. in the Smith case should call vividly to our + minds the action of the Grand Trunk a few years ago, when they + discharged their agent at Richmond, Que., because he openly + opposed the temperance people." + +In concluding this chapter, we will give the opinion of an eminent +clergyman, Rev. J. B. Silcox, as expressed by him from the pulpit of +Emanuel Church, Montreal. Nor is this by any means the only voice +which sounded from Canadian pulpits on the same subject. The _Witness_ +of December 31st, 1894, has the following: + + "Referring to the C. P. R., Mr. Silcox denounced it vigorously + for its action in dismissing an employee because he saw fit to + fight the drink traffic. There was nothing in the world so + heartless as a great corporation. The C. P. R. had shown itself + more heartless than a despotic king. It had come to a sorry pass + when an employee was robbed of the right of exercising his own + free will. By its action the Company had thrown all its weight on + the side of the liquor party to which it catered. He had lived in + the Northwest several years, and had seen other instances of how + this great Company had ground others under its iron heel. 'In + discharging the man I refer to, the Canadian Pacific Railway has + shown that it lays claim to both the body and soul of its + employees. In the history of this country did you ever hear of + anything more shameful? It makes one's blood boil. And the men + who commit these acts can boast of knighthood. Alas!'" + + + + +CHAPTER VII. + +THE DOMINION ALLIANCE PROTEST. + + +We have been considering some of the opinions of the temperance and +law-abiding public regarding the dismissal of Mr. W. W. Smith. +However, the temperance people were not all content with simply +discussing the matter, and blaming the C. P. R. for the action they +had taken, nor even with transferring their patronage to another road. +The Alliance took steps to obtain an explanation of Mr. Brady's +conduct and the policy which he had attributed to the C. P. R., and if +possible to gain some reparation for an act which seemed to them +unreasonable and unjust. It was stated in a former chapter that the +secretary of the Quebec Provincial Branch had been instructed to +enquire into the rumored attempt of the liquor men to secure Mr. +Smith's dismissal, and report the facts in the case at the next +meeting of the Alliance. His conclusions after this enquiry are +embodied in the following letter, dated October 9th, and addressed to +"Thomas Tait, Esq., Assistant General Manager, Canadian Pacific +Railway": + + "DEAR SIR,--I herewith return the correspondence concerning Mr. + Smith which you allowed me to have, and which our committee very + carefully considered. The action taken by your Company in + dismissing Mr. Smith from his position as your agent at Sutton + Junction, notice of which he received on Saturday last, October + 6th, renders futile any further conference between the Company + and this Alliance on behalf of Mr. Smith. I am, however, + instructed to say that after a very careful consideration of all + the correspondence referred to us, after a thorough investigation + of the whole matter, we have come to the conclusion that the + paramount reason for Mr. Smith's dismissal is his activity as a + temperance man. Your Assistant Superintendent in his letter to + Mr. Smith, dated September 7th, makes this as clear as possible. + He says: 'You must either quit temperance work or quit the + Company. It makes no difference whether you are on duty or oft + duty, so far as this Company is concerned. They demand the whole + and entire time of their men, and they are going to have it.' + These are as plain words as the English language can produce, and + their meaning cannot be misunderstood. The complaints made + subsequent to my interview with you on the 19th of September + have, in our opinion, the appearance of an effort to find a + reason to explain the one given by your Assistant Superintendent; + a reason which we think your Company will find exceedingly + difficult to sustain at the bar of public opinion to which it + must now go. As regards these recent complaints, Mr. Smith has + never seen them. He has never been given an opportunity to deny + them, or offer any explanation. If these or other charges of a + similar character are the essential ones, then he has been + condemned without a hearing, either before your superintendent or + any other officer of the Company. Mr. Smith informs us that he is + quite prepared to defend himself against any charge of neglect of + duty or unfaithful service to the Company. His record of fifteen + years' service is an indication that as a railroad man he has + done his duty. As regards the principal charge, the charge upon + which his resignation was asked for by your Assistant + Superintendent in the letter referred to above in the following + words: 'I was in hopes you would relieve the strain by gracefully + tendering your resignation,' the specific complaint made being + that he had on the evening of September 3d, delivered a + temperance lecture. To this charge he pleads guilty, and now + suffers the consequences, viz., dismissal and pecuniary loss. + + "This Alliance, as representing the temperance people of this + Province, protests in the most emphatic manner against this act + of obvious injustice to one of our number; an act which we have + every reason to believe to be the result of a concerted plan to + use your Company to injure and if possible render nugatory the + temperance work of the people of Brome County, who, for very many + years, have been endeavoring to uphold and enforce the law of + the land, which declares that no intoxicating liquor shall be + sold within the bounds of that county. + + "In this effort, they did not expect to have the powerful + influence of your Company turned against them, and, therefore, + feel keenly and with intense regret this action in regard to Mr. + Smith, the President of the Brome County Alliance! You will + readily understand that we cannot allow this matter to drop, and, + therefore, have taken steps to bring the whole matter before + another tribunal. + + "I am, dear sir, respectfully yours, + "J. H. Carson, Sec'y." + +On October 16th, a meeting of the executive of the Quebec Provincial +Alliance was held in Montreal, for the purpose of considering affairs +relating to this dismissal. Mr. Carson reported the correspondence +which he had had with Mr. Tait, and the Executive, having unanimously +approved Mr. Carson's letters, adopted the following resolution: + + "WHEREAS, Mr. W. W. Smith, the President of the Brome County + Alliance, has been dismissed from his position as agent of the + Canadian Pacific Railway, and whereas we have reason to believe + that his dismissal has been brought about because of his + temperance activity, and not because of dereliction of duty: + _Resolved_, That this Alliance will stand by Brome County + Alliance in any action it may take under the advice of our + solicitors to vindicate the reputation of Mr. Smith." + +At this meeting also, a committee was appointed to whom the +correspondence in the hands of the secretary should be referred for +whatever action they might deem best. + +On October 26th, a meeting of the Brome County Alliance was held at +which the dismissal was also considered. Some members of the +Provincial Alliance from Montreal were present at this meeting. + +On December 22d, the following appeared among the _Witness_ +editorials: + + "The dismissal of Mr. W. W. Smith, the Canadian Pacific station + agent at Sutton Junction, for law and order work in a prohibition + county, and specifically for delivering a temperance lecture, is + still a live subject. The Dominion Alliance, as whose officer Mr. + Smith committed the offences for which he suffers, naturally + protested to the Company, and appealed to the public against this + assault on the liberties of their workers. The Company, we + understand, thinks it only fair that its reply to the Alliance's + protest should be published as widely as that protest was, and + this we think entirely reasonable, whatever may be said of the + merits of that reply, which does not seem to us to make the + matter any better. After being duly presented to a meeting of + the Alliance committee, and then referred to Mr. Smith, against + whom it raises new charges, it is now with the consent of all + parties published, and it will be forwarded to all the temperance + organizations for their information. It occupies a good deal of + room, but will be read with extreme interest as showing just how + a money corporation looks on the liberties of its servants." + +The reply referred to in this article as being that made by the C. P. +R. to the letter of Mr. Carson, which we quoted above, is as follows: + + "J. H. Carson, Esq., + "Secretary Dominion Alliance, Montreal. + + "DEAR SIR,--Your letter of November 9th reached me in due course. + I have been somewhat disinclined for several reasons to take part + in any further correspondence on the subject, but upon further + reflection I have decided to point out to you in writing, as I + have already, on two or three occasions, done verbally, that the + termination of Mr. Smith's engagement with this Company did not + take place by the reasons assigned by you in that letter. You + say, 'We have come to the conclusion that the paramount reason + for Mr. Smith's dismissal is his activity as a temperance man.' + Whether intentionally or unintentionally, this language is framed + so as to convey the meaning that the Company objected to the + principles (namely, temperance principles) which were advocated + by Mr. Smith. Nothing could be further from the truth. If Mr. + Smith had been as much occupied in abusing temperance principles + as he was in advocating them, the objection would have been not + only as great, but greater. It must be manifest to every business + man in the community that every railway company, and, indeed, + every other business organization employing large numbers of + workmen, is most emphatically in favor of temperance; so much so + that in the case of our Company I feel convinced that its + influence in favor of temperance and the prevention of the + improper use of intoxicating liquors is ten thousand times more + than that of Mr. Smith or any other individual, in fact, it is + probably one of the most powerful factors in that direction in + Canada. + + "Our Company has for many years past done what is not often done + by property owners. We have declined to sell our lands at + different stations along our line, except under conditions which + prevents the sale of intoxicating liquors on the premises, and + which have the effect of depriving the buyer of his title to the + property in case that stipulation is broken. In addition, we have + had for many years past, amongst the rules and regulations + governing all our employees, the following rule: + + "_'Use of Liquor._--The continued or excessive periodical use of + malt or alcoholic liquors should be abstained from by every one + engaged in operating the road, not only on account of the great + risks to life and property incurred by entrusting them to the + oversight of those whose intellects may be dulled at times when + most care is needed, but also, and especially, because habitual + drinking has a very bad effect upon the constitution, which is a + serious matter to men so liable to injury as railway employees + always are. It so lessens the recuperative powers of the body + that simple wounds are followed by the most serious and dangerous + complications. Fractures unite slowly, if at all, and wounds of a + grave nature, such as those requiring the loss of a limb, are + almost sure to end fatally. No employee can afford to take such + risks, and the Railway Company cannot assume such + responsibilities.' This rule has, in fact, been revised within + the last few months, and couched in more prohibitory language, + and will shortly be issued to the employees in that form. Along + our line there are thousands of its officials who are every day + insisting on the practice of temperance. They deal with the + engagement of subordinates and the conduct and efficiency of + persons in our employment in such a way as to show that + temperance is indispensable to the efficiency of our employees, + to the conduct of the Company's business, and to the success and + promotion of the workmen themselves, but this is done in respect + of matters which are entirely within their jurisdiction as + officers of the Company. + + "There are, unfortunately, many questions upon which the public + hold different opinions so strongly that they are virtually + divided into opposing classes, and it is impossible for any one + prominently and publicly to advocate either side of any of these + questions, without immediately raising a strong feeling of + opposition in a considerable portion of the community, who take + the opposite side. These questions are of different kinds, + religious, political, social, racial, etc.; and it must be + apparent that no matter how well founded any person's views may + be on any of these questions, if he devotes himself energetically + to the promulgation and advocacy of his views at public meetings, + lectures, etc., he will without fail antagonize a considerable + section of the community. It is, therefore, apparent to every + business man that any person who adopts this course at once + renders himself less useful than he would otherwise be in any + position (such, for instance, as a station agent) in the + employment of a Railway Company, whose main object must be to + increase its business from every possible source, and who must be + careful not to antagonize any portion of the community upon whose + patronage, as part of the general public, the success of the + Company depends. Illogically, and perhaps unfortunately, there + are many persons in every community who hold the employer + answerable for the public advocacy of the views of the persons in + his employment, even when disconnected with the business of the + employer. This ought not to be the case, but as undeniably it is + the case, it follows that the usefulness of an employee is with + certainty diminished, and perhaps destroyed, when he gives much + of his attention and some of his time to advocating his personal + views at public meetings, lectures, etc., upon either side of any + question upon which the public is divided in the way I have + before mentioned, and this, although he do so only during the + hours of the day when he is not supposed to be in the active + service of his employer. As far as I am able to judge, no + official of our Company, of whose duties one is to solicit and + secure traffic for the Company, could take sides on any of these + questions at public meetings and lectures without impairing his + usefulness to the Company. Taken by themselves, and without + regard to the circumstances, some of the expressions in Mr. + Brady's letters to Mr. Smith are capable of misinterpretation, + and, as I have stated to you on several occasions, do not meet + with the Company's approval, as they do not express correctly its + policy on the subject. There is no doubt, however, in our mind, + as I have already assured you, that throughout this unfortunate + affair Mr. Brady was only intent on protecting the Company's + interests by preventing unnecessary hostility, and at the outset + on saving Mr. Smith himself from trouble. + + "I have already shown you correspondence from different persons + containing statements concerning Mr. Smith, which, if true, + indicate the impossibility of any person being able to give + thorough and efficient service to any railway company, whilst he + publicly advocates views on either side of any question such as I + have referred to, upon which the public is divided. But the + matters referred to in that correspondence are insignificant + compared with the taking in public an active part on either side + of such moot questions as I have referred to. The conclusion that + Mr. Smith's usefulness was gone, does not depend on the truth or + untruth of them; it was therefore not necessary or proper to + discuss them further with Mr. Smith upon the theory that they + were material to the question whether he should continue or not + in the Company's service. As, however, in your letter you refer + to the complaints covered by that correspondence as having the + 'appearance of an effort to find a reason to explain the one + given for Mr. Smith's dismissal,' and as you have returned this + correspondence to me, it may not be out of place for me to + refresh your memory as to some of the points covered by it. Mr. + Stewart, the Superintendent of the Dominion Express Company, + wrote Mr. Brady, from Montreal, on September 29th as follows: + + "'Route Agent Bowen informs me that when visiting Sutton Junction + this week, he found F. G. Sinclair in charge of the station, and + doing the work in Mr. Smith's name. Mr. Smith had gone away + without giving us notice. He did not give the new agent the + combination of the safe, and carried away our revolver for his + protection, instead of leaving it at the station to protect our + property. Mr. Bowen succeeded in finding Smith, and getting the + revolver, and also had the combination of the safe changed and + given to the new agent. I may say that Mr. Smith had given the + relieving agent the combination of the outside door of the safe + only, which left us without any better protection than an + ordinary fire-proof safe, and we sometimes have very large + amounts of money to carry over night. This is just about in + keeping with all Mr. Smith's work. Unless we can be assured of + better protection at Sutton Junction, we will have to make + different arrangements in regard to handling our money for the + Northern division, by transferring the fire and burglar proof + safe at Sutton Junction to Fosters, and make the money transfer + at that point instead of at Sutton Junction. + + "'Of course, it will be absolutely necessary to transfer some + money at the Junction at all times, but bank packages, etc., will + have to be sent by the other route for our protection. + + "'Route Agent Bowen reports the present agent is attending + carefully to our business. If the old agent will be re-appointed + I would be glad of a few days' notice so we can make different + arrangements in the interest of this Company.' + + "You will remember from the correspondence that Mr. O. C. Selby + wrote to Mr. Brady that he had the combination of the outside + door of the safe, and that the combination of the inside door, + which should also have been used, was not used from the time Mr. + Selby started work (October, 1893) until June last; that Mr. + Smith was often absent from the office during the day, frequently + remaining there only half an hour. + + "You will remember also that Mr. J. O'Regan, the operator at + Sutton Junction, stated in writing that he had at the request of + Mr. Smith, who desired to absent himself from duty, worked in the + latter's place on the afternoon and evening previous to the + assault, and that on several occasions he had been left in charge + of the station during Mr. Smith's absence. In this connection + you will remember that I informed you that on the occasion first + referred to, and that on some, if not all, of the previous + occasions, Mr. Smith had absented himself from duty without + permission. I believe that it was admitted by Mr. Smith himself, + at the trial, that when he was assaulted he was asleep, although + at that time he should have been on duty as operator. + + "You will also recollect that Mr. Smith, having applied through + Detective Carpenter to Mr. Brady for leave of absence to go to + New Marlboro, Mass., for the purpose of identifying one of his + assailants, and having obtained such leave of absence, and a pass + to Newport and return, remained absent from duty for ten days + after his return from New Marlboro, without communicating with + Mr. Brady, and that it was while he was so absent without leave + that he delivered a temperance lecture at Richford. + + "It is not customary with this Company to discuss with persons + not directly interested the reasons for discharging, punishing, + rewarding or otherwise dealing with its men, but you will + recollect that in this case an exception was made, and that I + offered you every facility, including free transportation over + our line, if you would, by visiting localities in which Messrs. + Smith and Brady were known, satisfy yourself as to the propriety + of Mr. Smith's discharge, and it will also be within your memory + that I offered to arrange a meeting between yourself and Mr. + Brady, or, if it was desired, to meet your committee myself to + discuss the matter. None of these offers was taken advantage of, + and, so far as I know, none of the suggestions made were + followed. + + "It is not, however, as I have said, necessary to go into these + details in order to support the conclusion that Mr. Smith's + usefulness as agent for the Canadian Pacific Railway Company is + over. The Company is carrying on the business of a railway + company, and its objects do not extend beyond the promotion of + that business. Its success depends upon the favor and patronage + of the community at large, and if one of its officers or + employees so conducts himself as to antagonize a section of the + community, or even in a manner which is likely to bring about + that result, the Company's interests are injuriously affected, + and the Company will naturally do, what every business man would + do, namely, protect its interests by his removal. + + "Yours truly, THOS. TAIT, + "Assistant General Manager. + "_Montreal, Dec. 6th, 1894._" + +It will be noticed that in this letter Mr. Tait, referring to the acts +of officials, "who are every day insisting on the practice of +temperance," says: "But this is done in respect of matters which are +entirely within their jurisdiction as officers of the Company." The +implication plainly is that, while officers of the Canadian Pacific +Railway have a right to insist upon sobriety among the employees of +the Company, they have not a right to engage in any other form of +temperance work. That all Mr. Smith's work for the cause was within +his jurisdiction as an officer of the Alliance, and a free citizen is +not taken into consideration, and it appears that no employee of the +Canadian Pacific Railway is supposed to have a right to accept any +offices or perform any duties outside the Company's services. + +Mr. Tait does not condemn the position taken by his Assistant +Superintendent, on the contrary he very plainly takes the same +position himself, and simply disapproves of some of Mr. Brady's +expressions. This reminds us of what is told of some parents who are +said to punish their children, not for evil doing but for getting +found out. If Mr. Brady had concealed the motive for his act so as to +prevent any complaints from the public, the Company, according to Mr. +Tait's letter, would have had no objection to the dismissal of an +employee simply for temperance activity. + +To the above letter Mr. Carson made the following reply, which was +published in the same issue of the _Witness_: + + "December 21st, 1894. + "T. Tait, Esq., Asst. General Manager, C. P. R.: + + "DEAR SIR,--Your letter of December 6th has had the attention of + the Alliance Committee, which takes great pleasure in hearing of + the stand taken by your Company in various ways in behalf of + temperance, the wisdom of which will commend itself to all. When, + however, you say Mr. Smith was not dismissed for the reason + assigned in my letter to you, namely, his activity as a + temperance man, you deny what seems to be admitted in the whole + of the rest of your letter. This was, as the correspondence + shows, the only reason conveyed to Mr. Smith as the cause of his + dismissal. My letter did not allege, nor was it intended to + convey the impression, that the Company's action was due to its + objection to the principles held by Mr. Smith, but that it was + due to his activity in advocating those principles. + + "You have at considerable length set forth that what the Company + objects to is, that an employee of the Company should actively + take sides on a question on which the community is divided, even + 'although he do so only during the hours of the day when he is + not supposed to be in the active service of his employer,' and + you add that 'no official of our Company, one of whose duties is + to solicit and secure traffic for the Company, could take sides + on any of these questions at public meetings and lectures without + impairing his usefulness to the Company.' This is precisely the + position taken by Mr. Brady in his correspondence with Mr. Smith, + and it is against this position, to which the Company through you + pleads guilty, that we, in the name of the temperance people of + Canada, protest, implying as it does a condition of servitude to + the liquor interest on the part of a national institution + dependent upon the public patronage for support, which insults + all that is best in our public opinion, and insisting as it does + on a condition of ignoble slavery on the part of the employees of + the Company. You refer to the matter in which Mr. Smith was + regarded as over-active as a moot question. + + "Whether men should be required to observe the law of the land, + or be punished for violating it, is, we submit, not a moot + question. On the contrary, we hold it the duty of every loyal + citizen to uphold law, and render such assistance as lies in his + power to secure its enforcement. + + "With regard to the later charges against Mr. Smith, + parenthetically enumerated in your letter, you say they are + insignificant, and that, therefore, 'it was not necessary or + proper to discuss them further with Mr. Smith.' If so, we may + also be excused from discussing them. We have given Mr. Smith + communication of your letter, that he may reply to these if he + sees best. + + "Referring to your kind offer of free transportation over your + line, to visit the localities in which Messrs. Smith and Brady + were known, and satisfy myself as to the propriety of Mr. Smith's + discharge, I might say that I did visit those localities without + accepting the offer of free transportation, which accounts for + your not knowing of my visit to Brome County. As the result of + that visit I was still better informed as to the operation of the + occult influence which had brought about Mr. Smith's dismissal. + + "Your offer to meet our committee and discuss the question was + rendered nugatory by the dismissal of Mr. Smith. + + "In the management of your Company it is not our part to + interfere, but when an employee of your Company is dismissed, as + alleged by the Assistant Superintendent, and now confirmed by + yourself, for publicly advocating those principles which this + Alliance is organized to promote, and for promoting the + observance of the laws of his country, it is right for us to + express to you the protest of a very large portion of the people + of Canada, and their indignation at seeing one of their number + thus suffer for conscience sake. It is, of course, for the + Company to judge how best to promote its own business, but when + so large a portion of the public as those who support temperance + laws and seeks their enforcement is openly snubbed in the + interests, and it would seem at the instance, of illicit and + murderous dealers in a contraband article, from the transport of + which your Company seeks profit, we may fairly ask the question + whether the Company is acting even the part of worldly wisdom. + Your declaration that if one of the Company's officers or + employees so conducts himself as to antagonize a section of the + community, or even in a manner which is likely to bring about + that result, the Company's interests are injuriously affected, + and the Company will naturally do what every business man would + do, namely, 'protect its interests by his removal,' is definite + and distinct, and seems to apply to the definite attitude assumed + towards the advocates of temperance by your Assistant + Superintendent. His conduct is certain to be remembered with + resentment all over Canada, so long as his continuance in office + and the endorsement of his act are the index of the policy of + your Company. + + "I remain, dear sir, + "Very respectfully yours, + "J. H. CARSON, Secretary." + +As stated by Mr. Carson, Mr. Tait's letter was forwarded to Mr. Smith, +that he might reply to its accusations if he saw fit. Accordingly, he +wrote to the Editor of the _Witness_ as follows: + + "SIR,--I desire, in replying to the complaints made against me in + Mr. Tait's letter, addressed to the Secretary of the Dominion + Alliance, to say that, so far as these complaints are concerned, + this is the first time I have seen them, and I have never been + asked by the Canadian Pacific Railway to offer any explanation, + nor have I been given an opportunity to deny the correctness of + the charges made against me. + + "With regard to the letter of Mr. Stewart, of the Dominion + Express Company, I have this to say: This complaint, in the first + place, was only made three weeks after Mr. Brady had requested me + to tender my resignation, for the specific reason given in his + letter, so that it could not have had any connection with the + real cause of my dismissal. + + "When I was assaulted on July 8th, I wired Mr. Stewart that I + was unable to work, and asked him if I should give the + combination of the inside door of the safe to the man in charge. + I received no reply. Mr. Stewart knew perfectly well that I was + sick in bed, and that it was his duty to send a man to change the + combination, which he did not do, after being wired of my + disability. Now Mr. Stewart, after paying not the slightest + attention to the notice of my illness, censures me for not + notifying him when I went to the United States to identify the + man who assaulted me. Regarding my carrying off the revolver, + this is true; but, as the Company demanded the whole of my time + off duty, as well as on, and as I was expected to resume work any + day, I do not see why I should not be regarded as their property, + and as much entitled to protection as any other until I was + dismissed. + + "Mr. Selby's statements are also misleading. It was months after + he entered my office before I allowed him to have the combination + of the safe (outside door), and this was with the knowledge and + consent of Route Agent Bowen, or he would never have had even the + combination of the outer door. Mr. Bowen checked up my office + with Mr. Selby two or three times, and was satisfied. Mr. Selby's + statement that the inner door of the safe was not used from + October, 1893, to June, 1894, is not true, and cannot be + substantiated, as he was away from my office for weeks during + that time. + + "As to my changing work with Mr. O'Regan, I did, and such things + are quite customary with agents and operators, as well as + Assistant Superintendents; and this custom prevails at the + present time all along the line. I may add that there was a + distinct understanding between Mr. Brady and myself that I could + drive out or walk out whenever I saw fit, without communicating + with him. + + "Some explanation ought to be made concerning the manner in which + these complaints from Mr. Selby and Mr. O'Regan were secured by + Mr. Brady, when it was found necessary to produce before Mr. Tait + other evidence against me. I have seen both Mr. Selby and Mr. + O'Regan in company with a witness I took with me, and questioned + them as to how they came to make such charges. I found that Mr. + Brady had taken the fast express from Farnham, which does not + stop at Sutton Junction; it, however, slowed up enough to allow + him to jump off. He walked to the station and remained nearly + three hours endeavoring to obtain incriminating evidence against + me. Mr. Selby informed me he did not think his letters would come + to light, as Mr. Brady told him it would be personal, and he + thought as I was dismissed from the Company's service, the + statements would not hurt me, and it might help him to a + situation at some future time. He said the statements were first + drawn from him by adroit questioning, and he was then asked to + put them in writing. + + "When Mr. Brady arrived at Sutton Junction, the night operator, + O'Regan, was asleep, but he did not hesitate to call him up, and + deprive him of two or three hours' rest, notwithstanding the fact + that on the first of July, when he refused to allow the night + operator, Ireland, to work for me so as to permit of my going to + Montreal to attend the National Prohibition Convention, the + reason he gave was that night operators required their days to + rest to insure efficient service during the night. But in this + case he breaks up the rest of a night operator in order to secure + this statement from O'Regan. + + "Mr. Tait says I was asleep when assaulted. This I do not deny, + but he knows his operators all sleep more or less during the + night, when they understand the position of their trains. Every + railway man knows this. But why are these matters brought before + the public now? Why was I not allowed a hearing by the officers + of the Company? If a collision occurs on the line, or other + serious things occur, the parties concerned are given a chance to + clear themselves. If men get drunk and damage the Company's + property, they are given a hearing, and in many cases they resume + work. But all this was denied me. There must have been a reason + for this; it must be because Mr. Tait really understood the whole + matter thoroughly, as he says in his letter, 'This + correspondence' (referring to these later charges) 'is + insignificant,' and especially as he has said to a _Witness_ + reporter, and published in the _Witness_ of July 11th: 'I have no + proof that Mr. Smith has violated the confidence of the Company.' + No, my serious offence was, as Mr. Tait states, 'the taking in + public an active part on either side of such moot questions as I + have referred to.' + + "Mr. Tait also stated that this rule applies to questions of + politics. Now, if the same rule applied to temperance as applies + to politics, I would still be in my position as agent of the + Canadian Pacific Railway at Sutton Junction, for during the last + general elections the Company would have allowed me to move + heaven and earth, if possible, to elect their candidate, which we + did through their wire pulling. I don't wonder people say the + Canadian Pacific Railway runs the government, but they cannot run + the Brome County Alliance or any of the other temperance + organizations. I would like to ask Mr. Brady in connection with + these charges, why he should add insult to injury by asserting + that the temperance people could all 'go to h----l,' and he 'does + not care a G---- d----' for them all, and why was I approached in + an obscure way, and inducements made to me to resign my position + as President of the Brome County Alliance, and give up lecturing + on temperance, and retain my position as agent of the Canadian + Pacific Railway? These are some facts that more clearly reveal + the real cause for my dismissal, and the source from which + opposition to me really came, namely, the liquor traffic, exerted + through its emissaries. + + "It should be borne in mind that every scrap of evidence against + me, such as it is, has been trumped up, since my dismissal. Who + before ever heard of a man being sentenced and executed and then + the evidence of his guilt hunted up? + + "W. W. SMITH. + "_Sutton, December 24th, 1894._" + +The feelings which then animated the temperance public of Canada +concerning the conduct of the Canadian Pacific Railway may be seen +from the following article in the _Witness_ of December 28th: + + "The meeting of representatives of the various provincial and + Dominion temperance bodies, held yesterday afternoon in the + Temple Building, was for the purpose of receiving reports from + the executives of these grand bodies concerning the action of the + Canadian Pacific Railway Company, in dismissing Mr. Smith for his + activity in temperance work. + + "The Secretary presented a very large number of resolutions + adopted by these various executives, expressing their + condemnation of the Company, and endorsing heartily the action of + the Alliance, in seeking to have the injustice removed. The + resolutions were from British Columbia, Northwest Territories, + Manitoba, Ontario, Quebec, as well as from Maritime + Provinces--from far off Victoria, B. C., to Halifax, N. S. + + "The communications indicate that the whole temperance community + is thoroughly aroused, and intensely interested in this matter. + The meeting adopted a strong resolution, which was referred to a + committee of five, who were empowered to take such further action + as they deem best to carry out the spirit of the resolutions + presented to the meeting yesterday. + + "The Secretary was instructed to inform Mr. Tait, Assistant + General Manager of the Canadian Pacific Railway, that this + committee would confer with him in regard to this matter, if we + should so desire. The committee will await Mr. Tait's reply + before publishing the resolutions received or those adopted at + yesterday's meeting." + + + + +CHAPTER VIII. + +RESULTS OF THE ALLIANCE PROTEST. + + +In our last chapter was given a letter written by Mr. Carson on +December 21st, and addressed to Mr. Tait. The reply to this was as +follows: + + "J. H. Carson, Esq., Secretary Quebec Provincial Branch of the + Dominion Alliance, 162 St. James Street, Montreal: + + "DEAR SIR,--I have acknowledged the receipt of your two + communications of the 21st and 28th ult. As your letter of the + 21st states that the Alliance does not allege that the reason for + Mr. Smith's discharge by the Company was the nature of the + principles held and advocated by him, and states that the sole + objection of the Alliance to the action of the Company in this + matter is the discharge of an employee from its service 'for his + activity in advocating those principles,' I now desire to state + briefly, and in such a way as I trust will prevent any + possibility of being any longer misinterpreted, the views of the + Company on that point. + + "The Company does not object to its employees holding, practising + and promoting temperance principles in such a manner as not to + injuriously affect the Company's interests, but it does object + seriously to any employee actively engaging in the advocacy and + agitation of these or any other principles or views, no matter + how respectable and proper in themselves, about which there is a + well understood difference of opinion in the community, in such a + manner as either to injuriously affect the Company's interests or + to impair his usefulness as an employee, or to interfere with the + proper performance of his duties to his employer, as to all of + which it cannot be expected that any other than the Company + should be the judge. + + "There is a large portion of the population of this country who, + rightly or wrongly, differ from and oppose the views which are + promulgated and promoted by the Alliance, and which have been so + vigorously and persistently advocated by Mr. Smith, the result + being, as it was sure to be, that his usefulness as our agent was + seriously impaired, owing to the Company having to bear to some + extent the antagonism which logically perhaps ought to have been + confined to him, though there was some ground for the public + considering that the Company was taking a part in his advocacy, + since in advertising public meetings to be addressed by himself, + Mr. Smith described himself as 'W. W. Smith, of the Canadian + Pacific Railway, Temperance Lecturer.' + + "In this connection I beg to draw your attention to the fact that + Mr. Smith did not confine his work of agitation, public + lecturing, etc., to the County of Brome, or that section of the + country in which the majority of the population had voted in + favor of the prohibition of liquor, but that his operations + extended beyond these limits. After the fullest investigation, + and consideration of this whole matter, I feel constrained to say + that the Company's course was, under the circumstances, not only + justified, but, having regard to its business interests, + unavoidable. + + "In yours of the 21st ult., you refer again to the correspondence + between Mr. Brady and Mr. Smith. Inasmuch as the Company has + stated that the expressions complained of do not meet with its + approval or express correctly its policy, I submit that it is now + clearly improper and unfair to endeavor to make them appear as a + reason for the continuation of the complaint against the Company. + + "I note from your letter of the 28th ult., that a meeting is + suggested between the officials of the Company and a committee + representing the Alliance. I shall be glad, as I a long time ago + offered to meet this committee, and as you have kindly left the + appointment of the time and place of meeting with me, I suggest, + if it is convenient to the committee, my office on Monday next, + at eleven A. M. + + "The delay in replying to your letters was due to the uncertainty + of my movements and consequent difficulty in naming a time for + the proposed meeting. + + "Yours truly, + "(Signed), THOS. TAIT, + "Assistant General Manager." + +According to the spirit of this letter, no man having an interest in +any reform, or a desire to aid in any work for the good of his +fellow-men, can conscientiously hold a position in the employ of this +great Company, which is so influential in our beloved country. Must +every self-supporting man be a slave? + +Mr. Tait says, "After the fullest investigation, and consideration of +this whole matter, I feel constrained to say that the Company's course +was, under the circumstances, not only justifiable, but, having regard +to its business interests, unavoidable." + +Mr. Tait does not say "Mr. Brady's course," but "the Company's +course," thus showing that Mr. Brady had not acted independently of +his superior officers in dismissing Mr. Smith. + +Mr. Tait also expresses the Company's disapproval of Mr. Brady's +"expressions," while he, himself, makes statements which seem quite as +objectionable as those of Mr. Brady. Moreover, as Mr. Tait sanctions +the dismissal of an employee for active temperance work, and mentions +in this letter no other cause as having led to Mr. Smith's discharge, +we do not see why he should object to an Assistant Superintendent +naming the same reason to an under official, whom he is dismissing +from the Company's service. + +The conference arranged between Mr. Tait and the representatives of +the Alliance was held in the office of the former on January 7th, +1895. The meeting began at half-past eleven, and continued until +nearly two o'clock, when, as no definite decision was reached, it was +decided to adjourn until the following morning. The resolutions +adopted by the various temperance bodies in Montreal, and elsewhere, +were presented to Mr. Tait. The following circular, issued by the +Quebec Provincial Branch of the Dominion Alliance, shows the result of +the conference on January 8th. + + "Dominion Alliance, + "Quebec Provincial Branch, + "MONTREAL, Jan. 30th, 1895. + + "DEAR SIR,--On November 28th last, by circular letter, we called + the attention of the executives of the various grand bodies of + the temperance organizations of the Dominion to the action of the + Canadian Pacific Railway Company, in dismissing from their employ + the President of one of our county alliances, Mr. W. W. Smith. + Enclosed in this circular was a copy of the correspondence which + led up to the dismissal. In response to this circular, + resolutions were received from every Province of the Dominion, as + well as from the executives of Dominion organizations. + + "These resolutions were very emphatic in their condemnation of + the position taken by Assistant Superintendent Brady, in the + published correspondence, to wit, that an employee 'must quit + temperance work or quit the Company.' + + "These resolutions were carefully considered at the conference of + temperance representatives, held in this city on December 27th, + and it was decided to ask the Canadian Pacific Railway to + repudiate the position taken by Assistant Superintendent Brady, + and that it take such action in regard to Mr. Brady, whose course + has given so much offence to the temperance people, as will + convince its employees and the public that its policy is not that + represented by his act. It was also decided that before any + further action be taken, the Canadian Pacific Railway should be + notified that if it so desired, a deputation from this meeting + would be prepared to meet the representatives of the Company in + conference. + + "The Company concurred in the suggestion, and as a result of two + lengthy conferences, the following agreement was arrived at: + + "'The Canadian Pacific Railway distinctly repudiate, as they have + done from the commencement of the discussion, the expressions + used by Assistant Superintendent Brady, when demanding Mr. + Smith's resignation, which expressions have been taken exception + to by the temperance people. + + "'The Canadian Pacific Railway admit the right of employees to + identify themselves with the temperance movement, and work for + the same, provided such work is done outside official hours, + always with due consideration to the interests of the Company. + The committee accept such declaration as satisfactory. + + "'The committee claims that the hasty and ill-advised language + used in Assistant Superintendent Brady's correspondence, and + otherwise, has caused grave dissatisfaction on the part of the + temperance people of Canada. The committee disclaim any attempt + to coerce or dictate to the Canadian Pacific in the management of + the Company's affairs, but under the circumstances look to the + Canadian Pacific Railway to place on record some substantial mark + of their disapproval of the expressions of one of their staff, + same having been the means of causing offence to a large portion + of the community. + + "'The Canadian Pacific Railway claims that, if for no other + reason, Mr. Smith's discharge was justifiable on the ground of + neglect of duty.' + + "This was signed by Mr. Thomas Tait, Assistant General Manager, + on the part of the Canadian Pacific Railway, and by the following + delegation as representing the temperance people of Canada: Major + E. L. Bond, Mr. E. A. Dyer, M. P., Rev. A. M. Phillips, Mr. A. M. + Featherston, Mr. S. J. Carter, and Mr. J. H. Carson. + + "This agreement and the delegation's report was received and + approved as satisfactory, by the executive of this provincial + Alliance, and a committee appointed to communicate the result to + the temperance bodies. + + "It will thus be seen that the Company has entirely repudiated + the offensive language used by Mr. Brady, and declares that it + does not express the attitude of the Company towards the + temperance cause. + + "The Company also admits the right of its employees to engage in + temperance work; and as regards Mr. Brady, it acknowledges that + cause for dissatisfaction has existed, and promises that action + will be taken to remove this cause. + + "In placing these facts before you, we have to congratulate our + friends throughout the Dominion upon the satisfactory conclusion + of this matter, which has given us all so much anxious concern. + + "Another cause for congratulation is the intense interest + manifested in this case in every part of the Dominion. From + Vancouver to Prince Edward Island have come expressions of hearty + coöperation, which have been exceedingly gratifying, clearly + demonstrating the fact that there is a temperance force + throughout the country which, if only concentrated, and directed + unitedly against the legalized liquor traffic of our land, would + be positively irresistible. In the present instance a vital + principle of temperance reform was attacked and almost + immediately the whole Dominion resounds with the protests of the + temperance people, and forthwith the injustice is removed. + + "With regard to Mr. Smith, we have this to add, that having since + accepted the position of organizer and lecturer for the + Independent Order of Good Templars of this Province, he had no + desire to return to the Company's employ, preferring to devote + himself entirely to the temperance work. + + "On behalf of the executive, + + "E. L. BOND, } + "S. J. CARTER, } + "A. M. FEATHERSTON, } _Committee_." + "A. M. PHILLIPS, } + "J. H. CARSON, } + +It will be noticed that in this letter the committee congratulate +their friends upon "the satisfactory conclusion of this matter." Also +at a meeting of the Executive of the Alliance before the above +circular was issued the following resolution was adopted: + + "That this executive having heard the agreement and the report of + the committee thereon, is satisfied with the same, and + congratulate the temperance people of Canada on the result." + +It is often well for us to look at the bright side, and this was what +the Alliance Committee determined on doing, and there surely were some +encouraging features connected with this case. + +Nevertheless, as there are generally two sides which may be seen in +such an affair, there were many of "the temperance people of Canada" +who did not consider this conclusion satisfactory, and exchanged no +congratulations, and it may do us no harm now to look briefly at some +of the disappointing features in this settlement. + +First, it is said, "that the Company has entirely repudiated the +offensive language used by Mr. Brady, and declares that it does not +express the attitude of the Company towards the temperance cause." +Now, Mr. Tait had taken precisely this same position in his letters +to the Alliance Secretary, previous to the meeting with the committee, +and even in the minutes of the meeting, as above given, it is said, +"The Canadian Pacific Railway distinctly repudiate--_as they have done +from the commencement of the discussion_--the expressions used by +Assistant Superintendent Brady." In view of this it would seem that +not much was gained by the meeting on this point. + +Secondly, we are told that "the Company also admits the right of its +employees to engage in temperance work." It certainly was encouraging +that this great Company should try to appear pleasing to the Alliance, +and seemed to show that the Canadian Pacific Railway considered the +temperance party a powerful factor in the land, but when we come to +consider the manner in which the admission mentioned above was made, +we can but see that it has a very doubtful side. The sentence in which +the Company makes this announcement is as follows: + + "The Canadian Pacific Railway admit the right of employees to + identify themselves with the temperance movement, and work for + the same, provided such work is done outside official hours, + _always with due consideration to the interests of the Company_." + +As we are not told that Mr. Tait, at the meeting, repudiated any of +his own former statements, we will look at the above in the light of +the following, from his letter of December 6th, to Mr. Carson: + + "As far as I am able to judge, no official of our Company, of + whose duties one is to solicit and secure traffic for the + Company, could take sides on any of these questions," referring + to matters about which the public disagree, "at public meetings + and lectures without impairing its usefulness to the Company.... + ..... The Company is carrying on the business of a railway company, + and its objects do not extend beyond the promotion of that business. + Its success depends upon the favor and patronage of the community + at large, and if one of its officers or employees so conducts + himself as to antagonize a section of the community, or even in a + manner which is likely to bring about that result, the Company's + interests are injuriously affected." + +The admission made to the Alliance seems to be robbed of most of its +virtue by the above statements, and it would seem that even yet the +employees of the Company may have but little liberty of conscience. + +It is also said in the aforementioned circular that, "as regards Mr. +Brady, the Company acknowledges that cause for dissatisfaction has +existed, and promises that action will be taken to remove this cause." + +This acknowledgment was certainly a good one, but we have no knowledge +of the promise having been fulfilled. Mr. Brady has been moved from +one division to another of the Canadian Pacific Railway, but as this +change did not take place until long after this meeting was held, and +then only in connection with many others among the officials and +employees of the Canadian Pacific Railway, and as Mr. Brady still +holds an honorable position in the Company's employ, we see no reason +for supposing that this had any connection with the promise made to +the committee. + +Some of the temperance people feeling dissatisfied with the results of +the Canadian Pacific Railway-Alliance Conference sent communications +regarding it to the papers, but the press, from some cause, seemed +very loath to publish these protests. However, the following, +addressed to the Editor of the _Witness_, did find its way to the +public, and may have expressed the opinions of many besides the +writer: + + "SIR,--That the temperance people of Canada were moved, as never + before, by the dismissal of its Sutton Junction agent, Mr. W. W. + Smith, by the Canadian Pacific Railway Company, because he had + rendered himself obnoxious to the lawbreakers of the County of + Brome, who had tried but failed to kill him, there is no doubt, + as may be clearly seen from your columns, to say nothing of the + thousand hearts, which, like mine, said nothing, but felt no less + all the while that by its action the Canadian Pacific Railway + had placed a premium upon lawlessness and immorality at the + expense of those whom I had been taught to regard as the 'salt of + the earth.' + + "The immediate consequence of this was that that line of railway + was being shunned, and its services neglected by many of its old + patrons, and by this loss its magnates were being taught a + lesson, and put on the 'repentent stool,' and it seemed almost + certain that never more would the Bradys, Taits, and Van Hornes + of this Canadian made and pampered corporation forget that + temperance people of Canada had both the will and the power to + retaliate upon their persecutors. And that if another such + dismissal was ever again attempted, they would 'more darkly sin,' + and hide the 'cloven foot,' which was so openly shown by Brady + and Tait. + + "At this juncture of its affairs, and at the moment when a + persistence in the agitation would probably have resulted in + reparation of the wrong done to Mr. Smith, and an open + repudiation of its immoral attitude, Mr. Tait managed to get a + hold of some gentlemen, who like the seven Tooley Street tailors, + who called themselves 'We, the people of England,' arrogated to + themselves the right to speak for the temperance people of + Canada, and he played them off on the 'Come into my parlor, said + the spider to a fly,' and the upshot of the matter is the most + disappointing and sickening, I think, I have ever seen. + + "I do not know the names of any one of these men, so I cannot be + accused of malice in holding up their conduct to the + commiseration not to say contempt of the public. Though an + intense prohibitionist I have never been able to appreciate the + wisdom and nerve of some of our temperance people; yet, never + before have I noticed anything that looked so like treachery to + our cause. + + "In your issue of the 8th inst. we have a large heading, 'Brady + Repudiated,' and in the body of the article we see this + temperance committee, if not openly repudiating Mr. Smith, + allowing the Canadian Pacific Railway to defame his character, + and to their very teeth justify his dismissal, and giving their + consent to both. + + "How artfully Mr. Tait changed the whole ground of complaint; and + how simply the committee were hoodwinked and befooled will be + seen, when I say that that which roused the temperance people was + the truckling of the Canadian Pacific Railway to the liquor + traffic, and its marked contempt for temperance men, its moral + tyranny over its employees, and its wrongful dismissal of Mr. + Smith, simply because his attitude on a moral question had + exasperated the other side. But in the report which you give of + the interview between this committee and Mr. Tait, all this is + lost sight of, and the whole ground of complaint is made to rest + on poor Brady, the 'scapegoat's' phraseology. 'The committee + claimed that the ill-advised language used in Assistant + Superintendent Brady's correspondence has caused great + dissatisfaction on the part of the temperance people of Canada.' + + "The committee would seem to have insisted on the punishment of + Brady, while concurring with Tait in everything. The report says: + + "'The Canadian-Pacific Railway acknowledges that cause for + dissatisfaction has existed, claim the responsibility of dealing + with, and will deal with the matter in such manner as they + consider deserving in the premises.' If this is offered as a + salve to the small, cowardly feelings which would like to see a + subordinate punished for doing what he was told to do, I trust + the Canadian Pacific Railway will disappoint the committee, and + let their scapegoat go free. It would be both cruel and unfair + that the blow should fall on Brady, the mean tool, and the bigger + tyrants go free. This is so evidently seen in the fact that Tait + practically insists on the same right to muzzle Canadian Pacific + Railway employees that Brady did. + + "JAMES FINDLAY. + "_Beachburg, P. Q._" + +Commenting on the above letter the _Witness_ says: + + "The question might be raised whether the committee appointed by + the temperance conference had instructions to come to any + agreement with the Canadian Pacific Railway. They certainly were + instructed to give the Company an opportunity to right the wrong + it had done before proceeding to publish the finding of the + conference. It was, therefore, natural for the Company's + representative to ask the committee what would satisfy them, and + it would seem to the committee unreasonable not to answer such a + question. Mr. Findlay labors under a misconception if he thinks + the committee were not independent, and determined to maintain + the rights of temperance men. They were selected so as best to + represent the interests of Mr. Smith as well as those of the + principles at stake. The assurances they received were certainly + about as complete as could well be looked for from a Company that + was not prepared to acknowledge itself dictated to as to the + management of its internal affairs. The Company was not asked to + reinstate Mr. Smith, which would have been unpleasant for him. + What it promised was that temperance men should be under no + disability in its service, and though it reserved to itself the + right to manage its own affairs, it acknowledged that cause for + dissatisfaction existed, and undertook to deal with the matter. + This, we submit, if followed up in accordance with the Company's + policy, as stated in Mr. Tait's letters, is a very satisfactory + position." + +The reason of this latter statement is seen when we remember that "the +Company's policy as stated in Mr. Tait's letters" was that when any +officer or employee antagonized a part of the community on a question +on which the public were divided, the Company would "protect its +interests by his removal;" and Mr. Brady had certainly opposed and +displeased a very large portion of the community. How this Assistant +Superintendent was really dealt with, is shown by the following from +a report of an executive meeting of the Provincial Alliance, on April +18th: + + "The first business considered was the communication, from the + Canadian Pacific Railway, forwarded to the executive from the + general committee for action. This letter was in reply to the + Secretary's request to know in what manner the Company had dealt + with Mr. Brady, the Assistant Superintendent, whose action in + connection with Mr. Smith's dismissal had been so offensive to + the temperance people. The letter is addressed to Mr. Carson, the + Secretary, and is as follows: + + "'DEAR SIR,--I have to acknowledge the receipt of your letter of + the 1st inst. + + "'The Company has reproved and dealt with Mr. Brady as, under the + circumstances, was considered deserving, and in such a manner as, + it is trusted, will prevent any reasonable cause for further + complaint. + + "'Mr. Brady, while stating that he never intended the slightest + disrespect towards the Dominion Alliance or disapproval of + temperance principles, has acknowledged that he gave cause for + dissatisfaction, and expressed regret for the same, and a + determination to avoid a recurrence. Yours truly, + + "'THOS. TAIT, + "'Assistant General Manager.'" + +A few days previous to this Executive meeting the above letter was +presented at a meeting of the general committee of the Provincial +Alliance, and "was not considered at all satisfactory." + +However, the Executive Committee, without approving the letter, +decided to publish it "for the information of the temperance public," +probably accepting it as the best which could be hoped for under the +circumstances. + +But, although all was not satisfactory, there were, as we have said, +some causes for gratitude in connection with this affair. The Canadian +Pacific Railway and Canadian liquor men had a chance to learn that +among their opponents there was some zeal and spirit, and a desire to +help one another, and this knowledge may make them more careful in the +future as to how they oppose and arouse temperance sentiment. Such an +agitation and interest as resulted from this dismissal, doubtless +might decide some unsettled minds in favor of the temperance party. +Also the action of the Canadian Pacific Railway in thus reproving Mr. +Brady, and eliciting from him a promise to exercise greater caution in +the future was probably as much as could be expected from a powerful +corporation which is not willing to acknowledge itself in the wrong, +and whose "objects do not extend beyond the promotion of its +business," so long as the laws of our land permit liquor sellers to be +licensed, and Prohibition is a thing talked of, but not experienced. + +Not until national prohibition finds a place among Canadian laws, and +is upheld by the Canadian government, will such bodies allow +themselves to be dictated to by the temperance people. + +The Scott Act is very good so far as it goes, but if the County of +Brome, instead of having this Act, and standing, in this respect, +almost alone in the Province, had possessed its share in a prohibition +law which held sway from the Atlantic to the Pacific, the outlawed +liquor venders of the county would probably not have had such power +with a great corporation as they displayed in this case. If the +temperance people of Canada wish to have a powerful voice in such +matters as this, or if they would have great institutions like the +Canadian Pacific Railway conducted on principles of temperance and +true freedom, let them work for prohibition, and send representatives +to Parliament who will do the same. And just now, when they hold in +their hands a key which may be the means of unlocking to us the gate +of Prohibition for our country, let them use it to the best advantage, +by giving a powerful majority for good when the Plebiscite vote is +taken. + + + + +CHAPTER IX. + +THE MARCH COURT. + + +As was stated in Chapter III. of this book, the prisoners, Kelly and +Howarth, remained in jail, the former at Montreal, the latter at +Sweetsburg, during the winter of 1894-95, awaiting trial at the Court +of Queen's Bench. + +This court opened at Sweetsburg on Friday, March 1st, 1895, but the +Assault Case did not receive special consideration until the following +week. Monday, March 4th, the Grand Jury reported a true bill against +M. L. Jenne, Jas. Wilson and John Howarth for conspiracy, and against +Walter Kelly for attempted murder. + +On Tuesday morning the court room was crowded so that it was +impossible to obtain even standing-room for all the eager listeners, +and many were obliged to content themselves with the little that they +could hear outside the doors. Thus was shown the great interest which +the public felt in the result of this trial. + +When the names of the accused were called, Mr. Racicot, counsel for +the defence, asked in an eloquent speech that the prisoners be allowed +to sit with their counsel instead of being made to stand for hours in +the dock. Mr. Baker, Crown Prosecutor, opposed this request, and Hon. +Judge Lynch ordered that the prisoners be put into the box. + +The next thing in order was the empaneling of a petit jury. It +appeared that many of the proposed jurymen were known supporters of +the liquor party, and these were, of course, objected to by the lawyer +for the Crown. In the words of _The Templar_, "It seemed as if Mr. +Baker challenged all who were known to 'take a glass,' while Mr. +Racicot challenged all known temperance people." + +The afternoon session opened at one o'clock. The Crown Prosecutor made +an eloquent speech to the jury, reviewing the evidence given at the +preliminary trial. The following account of his address was given in +the _Witness_: + + "He said: 'It will be an evil day for Canada when men, becoming + indignant that the machinery of the law is put in force against + them, send to Marlboro or any other place for an assassin to "do + up" those against whom their indignation is aroused.' Speaking of + the combination of circumstances that led to the identification + of Kelly, he said: 'There is a Providence in these things. There + is an overruling power that is directed in the cause of right.' + He said regarding the character of Kelly: 'The learned counsel + for the defence will try to make you believe that Kelly's + evidence should not be accepted. The witness, Kelly, is not one + of my choosing; he is not chosen by any member of this court. He + is of the prisoners' own choosing. They could not have procured + the pastor of the first church of Marlboro, nor one of the + deacons, to do their work, but they were compelled to take a man + from behind the bar of a saloon, in a low street; one who would + take a shilling for his work, and do the job as directed by + them." + +The first witness examined was Mr. W. W. Smith, whose evidence was +similar to that previously given by him. He identified Kelly as the +man who had committed the assault on July 8th. The following is a part +of the cross-examination as reported in the _Witness_: + + "'Do you know Peter McGettrick, of Richford?' + + "'I do.' + + "'Do you know Frank Brady?' + + "I do.' + + "'Did you tell them on the Sunday that they came to see you that + you would take your oath that the man who assaulted you was Orin + Wilson, a brother of Jas. Wilson?' + + "'I did not.' + + "'Did you tell Jane Fay, at church, that you did not know who + assaulted you?' + + "I did not.'" + +From some of the above questions it would seem that Mr. Brady, not +content with having dismissed Mr. Smith from the service of the +Canadian Pacific Railway, was trying to aid his assailants to escape +justice. + +The next evidence given was that of Dr. McDonald, of Sutton, the +physician who attended Mr. Smith after the assault. His testimony was +given in the _Witness_, as follows: + + "I know Mr. W. W. Smith. I was called to him professionally on + July 8th. I found him in a dazed condition, with a bruise on the + top of his head, four or five inches in length, swollen and + contused. There was also evidence of another blow, not so long, + more in the centre of the top of his head, and another blow still + shorter and more to the right of the head, another on the side of + the neck and shoulders, and one on the hip. All these bruises I + considered serious. The appearance later was that of the + discoloration consequent upon such bruises. The bruises were such + as might have been inflicted by the weapon now in court. They + could not have been inflicted by the fist. I saw Mr. Smith that + morning, and on the night of the same day, on the following + Monday morning, and again on Tuesday night. I then considered him + sufficiently recovered to not require medical assistance further. + I saw him afterward, but not professionally. Death has often + resulted from less blows than these." + +Daniel Smith, of Sutton, then gave evidence that he had seen Kelly at +Sutton on various occasions, the last time being on the evening +previous to the assault. + +Charles C. Dyer, of the same place, also testified as to Kelly's +identity. He said that he had seen him on the race track, at Sutton, +in July, had heard him called a horse-buyer from Boston, and had +received the impression that he had come there to look at a trotting +horse which belonged to Mr. Lebeau, the owner of the track. He had not +considered it anything strange that Howarth should be carrying him +around the country to look at horses. + +The next witness was Silas H. Carpenter, of Montreal, chief of the +Canadian Secret Service. He said that he had been employed to +investigate the assault case. He had been informed of a stranger who, +after staying in the vicinity of Sutton for some time, had disappeared +immediately after the assault, and decided that he was probably the +guilty party. Had learned that a man answering to the description of +this stranger was in Marlboro, Mass., and to this place was sent a +neighbor of Mr. Smith's, who identified Kelly as a man whom he had +seen in the neighborhood of Sutton Junction previous to the assault. +The witness and Mr. Smith, after going before a justice of the peace, +and obtaining papers for the arrest of their man, proceeded to +Marlboro. At Fitchburg, Mass., a warrant was made out from the papers +which they carried, and Kelly was arrested. He consented to go to +Montreal without extradition, and there, in Mr. Carpenter's office, +related voluntarily the story which he told at the preliminary +investigation, and on this evidence the other prisoners were arrested. + +Mr. Carpenter's testimony was the last on Tuesday. + +Court opened again at ten o'clock on Wednesday morning. This was +expected to be the last day of the trial, and a large crowd was +present. Mr. J. F. Leonard, clerk of the court, was first sworn, and +testified to the bad character of M. L. Jenne, who had been indicted +on Sept. 11th, 1879, for assaulting an officer in the discharge of his +duty. The jury had found him guilty of common assault. Mr. Leonard +identified the prisoner Jenne as being the same man. + +George N. Galer, a constable, confirmed this testimony, and said that +he remembered having arrested Mr. Jenne at the time referred to. + +The next witness was Walter Kelly. He described how the liquor men had +obtained his services, and told the story of his arrival and stay in +Canada, and the assault at Sutton Junction much the same as in his +previous testimony. + +He stated that once while he was stopping at Sutton it had been feared +that his presence was exciting suspicion, and he had been sent to +Cowansville for a day. + +He also said that after the assault he had seen Howarth at Marlboro, +and told him that he had done his work, but only received a part of +the pay, and Howarth had promised to see that the remainder was sent +him. A while after this Kelly had heard that detectives were in +Marlboro looking for him, and Flynn, the barkeeper to whom Howarth had +written at first, had advised him to go away for a few days while he +(Flynn) should write to Howarth, and learn the facts of the case. He +went away, and on his return saw a letter from Howarth which stated +that Kelly had not hurt Smith at all, and they had been obliged to pay +$30 for the use of the team which he had while in Sutton, and now the +others were "kicking" and unwilling to pay any more. Kelly said he +supposed from this letter that he had done nothing for which he could +be arrested, and, therefore, after reading it, did not try to hide +again. + +After being arrested he was taken to Fitchburg, where, instead of +wasting a month in jail while waiting for extradition, he waived his +claim, and went with Mr. Carpenter, and had since remained in his +office in the care of a constable. He had told his whole story +voluntarily; Mr. Carpenter had offered him no inducements whatever. +Kelly also stated that he had not been instructed to kill Mr. Smith, +only to scare him, and give him a good "licking." + +Wallace B. Locklin was next sworn. He said his residence was at +Richford, Vt., where he was a notary public and attorney. He had been +appointed to take evidence in Richford on this assault case. He knew +Ford, who kept the livery stable at Richford, and had asked him to +come to his office and give his evidence. Ford refused to come, and +said, if subpoenaed, he would pay his fine. + +The next witness was J. P. Willey, of Abercorn, formerly of St. +Lawrence Co., N. Y. He was exceedingly unwilling to tell what he knew +of the case, and it was only by dint of very close questioning that +his evidence was obtained. He knew Jenne, the hotel keeper at +Abercorn. Had held a conversation with him in the barroom of his +hotel, when he asked Jenne how much he had been fined for selling +liquor without a license. He replied that he had had to pay over $90, +and witness remarked that it was no outsider's business if he sold +liquor. Jenne said they could not do much with that man Smith; they +could not carry their goods over the road. The remark had been made +that Smith ought to be whipped or killed, or sent out of the country. +Witness believed that he had first suggested this, and then Jenne had +agreed with him, and asked him if he knew any one in his part of the +country who could do such a job. He would not say that Jenne had asked +for a man who would "kill" Mr. Smith. Witness remembered having +mentioned this conversation to three men, and might have spoken of it +to others. + +Arthur Holmes, of Abercorn, sworn, said that he had heard of the +assault on Mr. Smith. Had understood that Jenne was away when these +prosecutions began. Said they had all supposed that Smith was the +prosecutor in the liquor cases. + +Albert E. Kimball, a hotel keeper of Knowlton, said he knew there were +prosecutions for liquor selling. He was fined, so was Jenne, also +Wilson of Sutton. + +He was asked: "Do you know of any scheme to get even with Mr. Smith?" +Mr. Racicot objected to this question. Mr. Kimball said it had been +remarked in the barroom that Smith was a "mean cuss," and should be +whipped. It was barroom talk. + +This is a strong testimony, coming from a hotel keeper, as to the +nature of barroom adjectives and compliments, especially when applied +to temperance people. + +Edward Martin, of Sutton, was the next witness. He was occasionally +employed by Wilson, and looked after his business in his absence. Was +sent for one day in August, and asked to look after the house, as +Wilson was going away for a few days. He could not say how long he was +gone. + +Next Mrs. James Wilson, of Sutton, testified for the defence. Her +maiden name was Etta Miltemore, and she had been married to James +Wilson eight years previous to the trial. She said she had heard of +the affair at Sutton Junction through Mr. Smith's brother, who drove +up about six or seven o'clock on Sunday morning, and told that his +brother had been assaulted the night before. On the Saturday previous +she had been with her husband at Glen Sutton, and about noon he had +complained of feeling bad. They drove to Sutton in the afternoon, and +he was sick when they reached home. Her aunt, Mrs. Vance, was there, +and also Henry Wilson and wife. They put Jim to bed, and doctored him, +and he did not leave his room during the evening or night. As he +seemed worse about half-past one, she called Henry Wilson and wife, +who got up and remained up the rest of the night, but they did not +call a doctor. + +Mrs. Vance was the next witness. She said her maiden name was Annie +Fay, and she was the wife of Beeman Vance. She was acquainted with +James Wilson, and was aunt to his wife. She had gone on July 7th to +call on Mrs. Wilson, and found that she and her husband were away, and +Henry Wilson and wife were there. + +James Wilson came home sick. Witness remained at his house until +nearly nine o'clock, and when she left he was a little better, but +still very sick. + +She had known Mr. Smith for years. After the assault, she had one day +met him at church, and congratulated him on his recovery, when he told +her that he had no idea who committed the act. She said she had +frequently seen James Wilson ill, and had practised as nurse. + +Henry Wilson, following, said that he lived at Glen Sutton, and was +brother to James Wilson. He remembered the day of the assault, and +knew it was in the summer, but could not tell the month. He had gone +to his father's on Saturday morning, and remained there until the +afternoon of the next day. James and his wife were away when he +reached their home, but returned Saturday afternoon. James was very +sick. About eleven o'clock witness helped undress him and put him to +bed, and about half-past one he was called up by Mrs. James Wilson. +Next morning the news came that Smith had got a licking. + +Mrs. Henry Wilson's testimony was a confirmation of her husband's, and +was the last given on Wednesday. + +More evidence was promised for the next day, and the court adjourned +till the following morning at ten o'clock. + +The first witness on Thursday was Peter McGettrick, Canadian Pacific +Railway agent at Richford, Vt. He said he had been the Richford agent +in July, when Mr. Smith, also, was agent at Sutton Junction. Witness +knew Frank Brady and W. W. Smith. When he heard of the assault he +informed Mr. Brady, and they went together to visit Mr. Smith, whom +they found in bed suffering from the effects of his injuries. In +conversation with them Mr. Smith told them that he did not know who +had committed the deed, but from the appearance of the man thought it +might have been James Wilson, one of the prisoners. + +William Sears, of Sutton, a brother-in-law of Mr. Smith, testified +that he had been sent for by the latter on Sunday morning after the +assault, and went to him at once. Mr. Smith told him that he did not +know who was his assailant, but it was a heavy man who walked with a +peculiar gait. Witness was with Mr. Smith while Mr. Brady and Mr. +McGettrick were there, but heard no conversation such as was related +by the previous witness. + +James E. Ireland, telegraph operator at Sutton, who was the next +witness, said that he had been night operator on July 8th, and had +received a telegram for Dr. McDonald, asking him to come to Sutton +Junction immediately, as Mr. Smith had been assaulted. Another message +had been sent to James H. Smith, telling of the affair, and requesting +him to be on the watch. He could not produce the record of the +dispatches, but told them as he remembered them. + +James H. Smith, also of Sutton, a brother of W. W. Smith, was then +sworn. He said he had been notified of the assault by telegram about +two o'clock on the morning of July 8th. The message which he had +received was as follows: + + "W. W. Smith is badly hurt. Get Homer and others to watch the + roads." + +He went for the man mentioned, and then learned that Mr. Ireland had +received a message asking that Wilson's hotel be watched. No light was +seen in the house there, but L. L. Jenne was appointed to watch the +place. Witness had seen Kelly four or five days before the assault +driving a team which he supposed to be Wilson's. He had thought it +strange, but could not say that he had felt any suspicion. He had +supposed the team to be Wilson's because he had noticed the latter +driving it at different times during the summer. He had seen James +Wilson the night before the assault, walking on the street towards the +post office, and Wilson had spoken to him. He had also seen Kelly at +that time with a team. + +Lewis L. Jenne, a clerk for the Canadian Pacific Railway at Sutton, +testified that he knew the prisoners, and was distantly connected with +one of them, M. L. Jenne, of Abercorn. He had been in the employ of +the Canadian Pacific Railway for seven years. On the morning of July +8th, at about two o'clock, he was awakened by James H. Smith and +another man, who told him what had happened. Witness had taken it as +his work to watch Wilson's hotel, but saw no light or stir about the +house. If any light had been there he must have seen it, as he had on +many nights before and since. + +During cross-examination he said that he had watched the hotel on the +night in question, from a little after two o'clock until morning. A +swift horse could go from Sutton Junction to Sutton in ten or fifteen +minutes. Witness had not tried to enter Wilson's house, but had +watched outside. He had heard that the Wilsons threatened Smith, and +was quite sure he had heard it said that they were mixed up with this +affair. + +Walter Kelly, being then recalled, said that he had seen Wilson on +Saturday night, July 7th, between seven and eight o'clock, near +Curley's hotel, going towards the post office. He also stated that +once he had driven Wilson's team on the road where James Smith claimed +to have met him with it. + +This completed the evidence in the case. + +Mr. Racicot, counsel for defence, then addressed the jury, quoting all +the points of law which might seem to have a bearing in favor of the +prisoners, and making an eloquent plea which lasted one hour and +twenty minutes. + +Hon. G. B. Baker, Q. C, quoted the law on the other side, proving +quite clearly that the prisoners were deserving of punishment. He laid +great importance on the facts that Kelly's evidence had not been +contradicted, and that, while Henry Wilson had told of getting up at +half-past one, and lighting a lamp which he said had been left burning +in the kitchen until morning, the witness Jenne had stated that he +watched the house without seeing any light, as he must surely have +done had there been one to see. + +Judge Lynch followed with a very earnest address which lasted about +forty-five minutes. He summed up the evidence in the case, and quoted +the laws bearing on it, reminding the jurors of their great +responsibility, and endeavoring to impress upon their minds the +importance of a righteous judgment. His speech was not at all in favor +of the accused. + +The jury then retired, and forty-five minutes later, when the judge +demanded their verdict, the sheriff reported that they did not agree, +and there was no possibility of their doing so that night. This was +announced to the waiting crowd, who had thronged the court room to +hear the decision. Court then adjourned, and the jury were locked up +for another night. + +On Friday morning, March 8th, the jury were again summoned, and stated +that they were still unable to agree upon a verdict. The judge +appeared both surprised and disgusted. In dismissing them he said: +"Gentlemen of the jury, while you have exercised the discretion which +the law allows you, I must pronounce your decision most +extraordinary. The public are indignant that in a case where evidence +is so clear, there should be doubt or hesitation in the mind of any +intelligent man who should be summoned on a jury." + +Mr. Baker, Q. C., moved that a new jury be empanelled at once to +proceed with another trial. Mr. Racicot seemed willing, but Justice +Lynch postponed such proceedings until Monday, March 11th. + +In the meantime, on Sunday, friends of the accused and of the liquor +party in general were seen driving in the direction of Sweetsburg, and +it was thought by some that a plan might be forming to secure easy +terms for the prisoners. + +On Monday morning many anxious people were awaiting the issue, and +previous to the opening of court it was noticed that the crown +prosecutor was absent, and soon the counsel for defence also +disappeared. On their return, it is said, the latter wore a look of +satisfaction, while the former's courage of last week seemed to have +in some degree deserted him. + +When the judge had taken his seat, Mr. Racicot stated that his clients +were now willing to withdraw their former pleas of "not guilty," and +acknowledge themselves "guilty of common assault." + +Then the lawyer for the Crown, who had on Friday been so eager to +proceed with a new trial at once, but who now seemed to fear that +another jury would mean only a second disagreement, assented to this +proposal; while the judge, who had given such a strong charge to the +jury and appeared so much surprised at their failure to declare the +prisoners guilty, now agreed, on behalf of the court, to withdraw the +indictments for "attempt to murder," and accept the pleas, "guilty of +common assault." + +John Howarth, Marcus L. Jenne and James Wilson then pleaded "guilty of +common assault," while Walter Kelly was indicted on a charge of +"committing assault with intent to murder." However, he also pleaded +"guilty of common assault," and the plea was accepted. + +Then Mr. Racicot, not content with what had already been gained, asked +for the leniency of the court towards the prisoners in giving sentence +for the charges to which they had pleaded guilty, and the judge +appointed to each of the four prisoners the light sentence of one +month's imprisonment in common jail with hard labor, accompanying this +sentence, however, by some very severe remarks as to the seriousness +of their crime, and the disgrace it had brought upon themselves. + +Thus ended this assault case, so far as its hearing at Sweetsburg was +concerned, and the prisoners and their friends departed from the court +room well pleased with its termination. + + + + +CHAPTER X. + +THE DECISIONS OF ANOTHER TRIBUNAL. + + +The Court of Public Opinion is an important tribunal before which all +such affairs as this we have been considering must come for decision, +and its judgments are not always identical with those of the judges +and juries in the courts of law. Therefore, it must not be supposed +that the temperance public were at all satisfied with the termination +of the assault case related in our last chapter. On the contrary, they +were quite disappointed and indignant, although their opponents seemed +very well pleased with the turn affairs had taken. + +Some of the criticisms from temperance papers and people are here +given. The following comment by the Montreal _Witness_ was quoted in +_The Templar_ of March 22d: + + "The sentence of one month in jail for each of the tavern + keepers, who pleaded guilty to having procured an American idler + to commit an atrocious assault upon Mr. Smith, the President of + the Brome County Alliance, is probably as severe as can be looked + for in a county where a jury dare not find men guilty. That the + purpose was to commit murder, the fatal weapon provided proves. + The plea of guilty on the part of the prisoners is a plain + condemnation of the jury in failing to bring in a verdict. + + "The liquor men, for the sake of whose illicit trade the Canadian + Pacific Railway Company dismissed Mr. Smith from its services, + are self-convicted at least of the most dangerous and brutal + ruffianism. Mr. Brady, who took the part of those customers of + the Company against his own subordinate, Mr. Smith, remains the + accredited authority of the Company in that section of the + country. This is a fact which should be generally known." + +Below is the view expressed by _The Templar_, itself, and also +repeated by the _Witness_. + + "The result of the trial of the conspirators to 'do up' W. W. + Smith, President of the Brome County Branch of the Dominion + Alliance, for his zeal in bringing to justice the men who would + persist in maintaining an illicit liquor traffic contrary to the + fully expressed judgment of the people, has been a confession of + 'guilty' by the accused, and the imposition a sentence of one + month in jail at hard labor. + + "The confession and the facts brought out in evidence reveal the + liquor traffic in a most unenviable light. + + "The plot was hatched in a barroom, a liquor seller hired a + Marlboro, Mass., bartender to do the 'job,' and he was the guest + of hotel keepers while he was spying out the land preparatory to + his murderous assault. Never was a more cool, calculating and + infamous deed wrought in this country. The wretch, Chatelle, + acted under a sudden impulse to gratify an abnormal passion, but + these wretches planned weeks ahead to 'do up' Smith, yet such + cowards were they, they dared not strike the blow, but hired the + Marlboro tool to do it for them. Jenne, Howarth and Wilson, you + are arrant cowards, and your weakness is only exceeded by the + devilishness of your malice! + + "These are the men who say we cannot enforce prohibition, and + undertake to make the law a dead letter. Men who will murder--no, + they lack that courage, but will hire the slugger--if they are + not permitted to carry out their work of death. Shall we make our + laws to please, or to restrain and punish such men? + + "Not the least ignominious feature of the trial was the failure + of the jury to convict upon the clearest evidence. Their + disagreement was rebuked by Judge Lynch, and later by the + prisoners themselves pleading guilty. The murderous assault and + the terrorizing of the jury furnish all the evidence that is + requisite to justify the demand for prohibition." + +The _Witness_ of March 16th contained the following, giving the +opinions of certain local papers respecting the decisions of the court +in this trial: + + "The Huntingdon _Gleaner_, referring to the sentence of a month's + imprisonment passed on the defendants in the Smith assault case, + says: 'This is a most inadequate punishment. Had Kelly put more + force into the first blow he struck with his piece of lead pipe, + Smith would assuredly have been killed. The liquor men, who were + the authors of the foul deed, should have been sent to the + penitentiary.' + + "Referring to the disgraceful conduct of the jurors in + disagreeing, despite Kelly's confession, the Waterloo + _Advertiser_ says: 'The jury might, at least, have brought in the + verdict of a Western jury that tried a man for assault with + intent to kill. After being out two minutes the jury filed into + court, and the foreman said: "May it please the court, we, the + jury, find that the prisoner is not guilty of hitting with intent + to kill, but simply to paralyze, and he done it." The trial has + been an expensive one to the Crown, and its inglorious ending + will hardly satisfy the public that the ends of justice have been + served and the law vindicated.'" + +The following appeared as an editorial in the _Witness_ of March 27th: + + "We have received many very strong expressions with regard to the + failure of justice in the matter of the cold-blooded and cowardly + attempt on the life of Mr. W. W. Smith, the President of the + Brome County Alliance. A leading citizen of the district proposes + a public demonstration to denounce the jury and judge for this + failure. As for the judge, as we said at the time, we cannot see + that he can be blamed much for the lightness of the sentence upon + a verdict for only common assault. So far as can be gathered from + the conduct of their representatives on the jury the people of + the district have concluded to live in a condition of timid + subjection to a band of assassins settled among them. And not + only they, but the great national railway, which passes through + their district, felt called upon, on behalf of the same lawless + crew, to heap abuse and obloquy upon, and finally to dismiss one + of its own officers for busying himself with the enforcement of + law against them. We should be greatly cheered to think that this + jury which betrayed the public safety committed to it by law, was + exceptional, and that the district could yet be roused to + vindicate law and order." + +In all these articles it is assumed that the reason of the jurymen not +agreeing on a verdict of guilty was their personal fear of the liquor +men. There is another possible aspect of the case which is not touched +upon by these papers, viz., that the jurors may have been friends of +the liquor party, and their disagreement may have been intended not to +secure their own safety, but to shield the hotel keepers from such +punishment as must follow a decision of guilty on the part of the +jury. + +We quote here some of the communications mentioned above, which were +sent to the editor of the _Witness_ regarding the settlement of the +assault case. The letter given below, signed "Justice," was written +from Sweetsburg under date of March 12th, 1895: + + "SIR,--The Smith assault case is concluded, but the people are + not done talking about it, by any means; and for some time to + come the privilege of free speech will be exercised on that case. + The judge in his charge to the jury on Thursday said: 'No + intelligent and right-minded jury can fail to bring in a verdict + in accordance with the testimony.' The evidence for the + prosecution proved unmistakably the guilt of the prisoners, while + the testimony for the defence was evidently manufactured for the + occasion. + + "The prisoners on Monday pleaded guilty to common assault. If + Howarth, Jenne, Wilson and Kelly were guilty of anything, they + were guilty of more than common assault, if ever there was a + deliberate and well-planned scheme for 'doing up' any person, + that plan was made in this instance, and the nail was clinched + when Howarth, at Richford, paid to Kelly the fifteen dollars + earnest money, which was to be followed later by the hundred and + fifty when the 'job' was done. That 'job!' Such a 'job' as that! + An assassin hired for the purpose, by villains blacker-hearted + than himself, to go in the middle of the night, armed with a + murderous weapon, to attack a defenceless and sleeping man, to + 'do him up.' What does that mean? Who is initiated into the + mysteries of the language? Does it mean to disable him? or does + it mean to kill him? Who is safe in the discharge of his duty and + in the performance of the God-given work to which every Christian + man is called? + + "If the law protects a rumseller who has a license in his + business of selling the liquid poison, should not that same law + protect a man who, residing in a town where the Scott Act is in + force, prosecutes liquor sellers who are dealing contrary to the + laws? Let us have fair play! If the law is like a game of + checkers, in which, not the best man, not the righteous cause + wins, but the party wins who makes the most dexterous move, then + the least we can ask is fair play. + + "What have we seen in the courts during the past week? One man + arrested for stealing a dollar's worth of goods or so, and that + man jailed for fifteen months. In contrast to this case, we see + these men with their murderous schemes, deliberately planned, + attempted and partially executed, we see these men condemned to + one month's imprisonment with hard labor! What a farce is the + law! Is it any wonder that indignation is aroused in the hearts + of the conscientious and God-fearing members of the community, + and that men as they meet ask each other the question, 'Why is + this? Did the jury fear that they, too, might be exposed to a + sudden attack of lead pipe?' + + "If it is cowardly to shirk an issue on a point between right and + wrong, then we certainly have moral cowards here, in the district + of Bedford. However, there is this to comfort the heart of the + right-minded citizen; punishment does not altogether consist in + the number of days spent in jail, but the disgrace to which these + men have been subjected can never be wiped out nor removed. + + "The investigation of the case was thorough, and the crime proven + unmistakably against those four men. It will undoubtedly prove a + warning to others, and, we may say, to themselves also, in the + future." + +Another letter, written by a "Law-Abiding Canadian," and published in +the _Witness_ of March 25th, is as follows: + + "SIR,--Many have been surprised and disappointed at the silence + that has prevailed in our newspapers since the verdict of the + jury in the W. W. Smith attempt to murder or 'do up' case. + Instead of a resolute onslaught of protests from the people + through the press and by public bodies, all is comparatively + quiet. + + "What is the reason of this? Is it that they are paralyzed with + surprise and horror for the time being? It surely must be so. If + not, it is time we were asking where we are and what we are + coming to. Sir, our ears are made to tingle, and our hearts are + thrilled with horror, when we read of the wild lynchings by + shooting, rope or burning, that have taken place in the United + States. These dreadful things are reported from new States or in + old ones, where race feeling runs high, and where justice, often + handicapped by all the lawlessness and savage cruelty and + ignorance of both a home and foreign element, fails for the time + being, and we complacently say: 'It is just like the United + States. What an awful country it must be to live in!' Are we + going back to such a state of things? Has it come to such a pass + that law and justice are becoming a mockery? God forbid that it + should ever come to this, but something must be done that not + only our persons and property may be protected, but that our + belief that we have and hold in this Canada of ours that British + justice and fair play that is world-wide in its administration, + and ever the same. + + "There is no doubt that the brand of public opinion on these + individuals for their self-confessed and clearly proven guilt, if + they have any conscience left, will be terrible, and make them + bury themselves away forever from the community and public that + their acts have horrified. But the matter must not end here. A + great wrong to an individual and society has been done, and the + public may well ask who will it be next; and whose person or + property is safe if such lawlessness is allowed to go unpunished. + Let the lawkeepers be heard from in a way that will make our + lawmakers enquire into our jury system, and devise some way to + prevent the miscarriage of justice and consequent grievous wrong + done to individuals and the people." + +The following from "One of the W. C. T. U.," appeared in the Home +Department of the _Witness_ of March 23d: + + "DEAR EDITOR HOME DEPARTMENT,--Though I enjoy reading the Home + Department, I have never before written anything for it, as + writing is not my forte, but I feel almost compelled to send this + to express my indignation at the light sentence passed on those + three men in the Smith assault case. I think it perfectly + outrageous that they should get off so easily. Such a crime, + perpetrated in cold blood; even a man hired and brought from a + distance to do the diabolical work! Ten years in the penitentiary + for each of them would have been quite light enough. But to give + them one month at hard labor, they might about as well have let + them go free. If Mr. Smith had been killed I wonder if they would + have got two months? It seems to me this is the way to encourage + crime. How is it that for so much lighter crimes, so much heavier + sentence is often pronounced? Is it because the people are afraid + of the liquor men? It seems like it. + + "I am heartily thankful that the _Witness_ stands up so nobly for + truth and right. I know I will see a scathing article from the + editor on this very subject. I hope it will do all the good he + intends it to do. + + "We may be sure of one thing, and that is the liquor men never + did the cause of prohibition so much good before. Their brutality + in this case will likely win many to our cause who would + otherwise not have joined us." + +The following protest, signed "A Lover of Right," was published in the +_Witness_ of April 5th: + + "SIR,--Would it not be feasible to have a public meeting in the + matter of the gross miscarriage of justice in the case of the + would-be murderer of Mr. W. W. Smith, of Sutton. + + "Shameful as of late years the decisions of some juries and + judges have been, never has a more shameful acquittal been known + in this Canada of ours. One man gets six months for stealing an + ash barrel, probably really ignorant that it was not anybody's + who chose to take it; another man 'one month with hard labor,' + that man by his own confession a would-be murderer. But that such + sentence should be allowed without public protest! Surely the + soul of righteousness is dead in a people if it be so." + +Now that the assault case was settled, in spite of its unsatisfactory +termination, the temperance people found the expenses connected with +it, which amounted altogether to more than $1,200, remaining for them +to settle. + +It was decided to ask the government at Quebec to assume these costs, +or a share of them, and accordingly Mr. Carson, Secretary of the +Provincial Alliance, wrote to the government requesting its help; +but, no reply being received, arrangements were made for a delegation +to wait upon the premier. This was done on April 24th, the Alliance +representatives being Mr. R. C. Smith, Mr. S. J. Carter, Rev. J. +McKillican and Mr. J. H. Carson. The case was clearly stated, and the +provincial government, of which all the members were present, was +asked to bear a portion of the expenses. The delegation acknowledged +that the proper course would have been to leave the matter in the +hands of the attorney-general at first, yet, although this had not +been done, as the temperance people, considering this affair of much +more than individual interest, felt themselves morally bound to see +that these expenses were paid, and not to leave all the burden upon +the shoulders of Mr. Smith; and as, at a recent Provincial Alliance +Convention, it had been decided that this was a matter which concerned +the temperance people of the whole Province, the delegation asked in +the name of the temperance people of Quebec that the government assume +the expenses connected with the vindication of justice in this case. +Mr. Carter stated that, although he had no authority to say so, he +thought if the government paid Mr. Carpenter's bill, which amounted to +about $800, the temperance people would consent to raise the +remainder. + +The attorney-general, Hon. Mr. Casgrain, said he thought this might be +done, and without any further assurances the Alliance representatives +withdrew. + +Later the government consented to pay $500 of the costs only, and the +balance remained to be cancelled by the temperance public. + +The assault case is now ended, and lies some time in the past, and in +these hurrying times an event of a few seasons ago is usually soon +gone out of thought and interest. Probably no such affair has ever +happened in the Dominion, or at least in the Eastern townships, which +has stirred the depths of so many hearts, and continued in interest +for so long a time as this assault and the circumstances connected +with it. And now shall we relegate these matters to a position among +the dim memories of the almost forgotten past, and let them gradually +slip away from our thoughts? Even in these times of changing and +forgetting, there are events which, by a few, are not soon forgotten, +and which leave a lasting influence for good or evil upon some hearts +and lives. Shall it not be so in this case? Will not we long remember +the dark plotting of Brome County's lawless liquor sellers, the +desperate attempts to carry out their evil plans and the partial +success which attended their efforts, and shall not the memory bring +fresh zeal and energy to every son and daughter of temperance in the +land? + +We find in this assault case a very marked example of some of the +fruits of intemperance. We see here the evil thoughts, the loss of +conscience, and the desperation that makes men shrink not from the +darkest deed within their reach if by this they may further their own +interests or gain revenge upon one who has opposed them. All these are +the attendants and followers of strong drink in every clime. + +From the history of these deeds of darkness in Brome County we may +learn, also, the power possessed by the liquor party,--the dread +influence that can prevail upon a great corporation to dismiss an +employee who has previously been satisfactory, and that can frustrate +the ends of justice, and obtain its will in a court of law. + +From these facts let us take warning, and, with an increased knowledge +of the terrible work of strong drink and the powerful influence of the +party that supports it, a stronger sense of the great need of willing, +earnest workers who will "battle for the right in the strength of the +Lord," and a new realization of our own personal responsibility, let +us work so faithfully for God and humanity against the powers of +evil, that the grand result of these dark plots that were formed by +outlawed liquor sellers in an illegal barroom shall be the adding of +many fresh recruits to the ranks of those whom they wished to destroy. +And whenever we have an opportunity of defeating these enemies of good +and taking from them some of their ill-used power, let us strive, lest +the victory be theirs, to give a strong majority on the side of right. + +In this way may the plans of Satan prove instruments in the hands of +the Lord that shall work for his glory and the good of his creatures. + + * * * * * + +It may be well to add here a few words by way of explanation, as +mention is several times made in this book of the future taking of a +Dominion Plebiscite. At time of writing it was supposed that this book +would be in print long before the vote was taken, but for various +reasons its publication has been delayed. On September 29th, 1898, the +question of the liquor traffic was submitted to the people of Canada, +and a considerable majority was given for Prohibition. Quebec, alone, +of all the Provinces, failed to declare against the traffic, but even +here there are some bright spots, prominent among which is the county +where this Dark Plot was enacted, which gave a majority for +Prohibition of 529. As this is considerably more than that formerly +given for the Scott Act, it is evident that the liquor men of Brome +are not gaining ground by dark plots or any other means. + +By this Plebiscite, the prohibitionists of Canada have been given a +privilege never enjoyed by any other nation, and they have used it +well, but now the work is just begun. Let them not rest content until +the end for which they have voted is realized, and then the +coöperation of temperance people will be needed if the law is to be +well enforced. + +There is still much we all must do if we would see our country freed +from the curse of strong drink, and let prohibitionists take courage +from the victory already achieved, and with renewed zeal press the +battle to the gates. + + + + + +End of the Project Gutenberg EBook of The Story of a Dark Plot, by +A.L.O. C. and W.W. Smith + +*** END OF THIS PROJECT GUTENBERG EBOOK THE STORY OF A DARK PLOT *** + +***** This file should be named 21285-8.txt or 21285-8.zip ***** +This and all associated files of various formats will be found in: + http://www.gutenberg.org/2/1/2/8/21285/ + +Produced by Fox in the Stars, Christine P. 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Author: A. L. O. C.</title> + + +<style type="text/css"> +<!-- + +body {font-size: 1em; text-align: justify; margin-left: 5%; margin-right: 5%;} + +h1 {font-size: 140%; text-align: center; margin-top: 2em; margin-bottom: 2em;} +h2 {font-size: 130%; text-align: center; margin-top: 4em; margin-bottom: 2em;} +h3 {font-size: 130%; text-align: center; margin-top: 4em; margin-bottom: 1em;} +h5 {font-size: 120%; text-align: center; margin-top: 1em; margin-bottom: 2em;} + +hr.small {margin-left: 45%; width: 10%;} + +.p2 {margin-top: 2em; margin-bottom: 1em;} + +.pagenum {visibility: hidden; position: absolute; right:0; + font-size: 10px; text-align: right; + color: #C0C0C0; background-color: inherit;} + +.smcap {font-variant: small-caps; font-size: 95%;} + +.quote {margin-left: 05%; margin-right: 05%; font-size: 95%;} +.poem {margin-left: 02%; font-size: 90%;} +.center {text-align: center;} + +.add2em {margin-left: 2em;} +.add3em {margin-left: 3em;} +.add4em {margin-left: 4em;} + +.left20 {margin-left: 20%; text-align: left;} +.left30 {margin-left: 30%; text-align: left;} +.left60 {margin-left: 60%; text-align: left;} + +.figcenter {margin: auto; text-align: center;} + +--> +</style> + +</head> + +<body> + + +<pre> + +Project Gutenberg's The Story of a Dark Plot, by A.L.O. C. and W.W. Smith + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + + +Title: The Story of a Dark Plot + or Tyranny on the Frontier + +Author: A.L.O. C. and W.W. Smith + +Commentator: J.H.F. Sutton + +Release Date: May 4, 2007 [EBook #21285] + +Language: English + +Character set encoding: ISO-8859-1 + +*** START OF THIS PROJECT GUTENBERG EBOOK THE STORY OF A DARK PLOT *** + + + + +Produced by Fox in the Stars, Christine P. Travers and the +Online Distributed Proofreading Team at http://www.pgdp.net + + + + + + +</pre> + + + +<p>[Transcriber's note: Obvious printer's errors have been corrected, all +other inconsistencies are as in the original. Author's spelling has +been maintained.]</p> + + +<h1>THE STORY OF A DARK PLOT;<br> +OR,<br> +TYRANNY ON THE FRONTIER.</h1> + +<h5>By A. L. O. C.</h5> + +<p class="p2 center">BOSTON:<br> + THE WARREN PRESS,<br> + 160 WARREN STREET,<br> + 1903.</p> + + +<p class="p2">Entered according to Act of Parliament, in the year one thousand eight +hundred and ninety-eight, by <span class="smcap">W. W. Smith</span>, in the Office of the +Minister of Agriculture and Statistics at Ottawa.</p> + +<a id="img001" name="img001"></a> +<div class="figcenter"> +<img src="images/img001.jpg" width="400" height="501" alt="W. W. Smith" title="W. W. Smith"> +</div> + + + +<h2>PREFACE. <span class="pagenum"><a id="page003" name="page003"></a>(p. 003)</span></h2> + + + +<p>For precept must be upon precept, precept upon precept; line upon +line, line upon line; here a little and there a little.—(Isa. xxviii. +10.)</p> + +<p>This is a divinely appointed rule to which we will do well if we take +heed, as it will save from many disappointments and discouragements.</p> + +<p>The writer of "The Story of a Dark Plot" has no hope by this work of +revolutionizing society or even working any very marked reforms. Books +and essays on temperance topics are numerous, and this is but one +among many. However, it is hoped that this may prove one of the lines +and precepts that are of some service to the cause. There is always +need for those who are on the right side of any important question to +unfurl their banners and show their colors bravely, but just now, in +connection with the temperance movement in our Dominion, there is a +very special call for action presented by the Plebiscite.</p> + +<p>We sometimes read on the pages of fiction exciting and blood-curdling +tales of deep laid plots for murder and other crimes, <span class="pagenum"><a id="page004" name="page004"></a>(p. 004)</span> but +just when our feelings are being aroused to the highest pitch, we +pause and comfort ourselves with the thought that after all this is +only imaginary.</p> + +<p>Or perchance, we may read the truthful details of a more or less +successful attempt to end the life of a fellow being, but if we are +unacquainted with the persons concerned in the affair and the +circumstances which led to it, and especially if it happened some +distance from us, we feel but little interest in it.</p> + +<p>Again we find in the records of the past that thousands have suffered +and many died in a really good cause,—the victims of depraved and +brutish persecutors who hated what was good. We cannot doubt the truth +of the statements nor the innocence of the sufferers, but we may be +tempted to complacently remark "the martyr age is past." But if we +look about us with unprejudiced eyes, we must see that the sufferers +for conscience sake are still not a few.</p> + +<p>The details of the dark plot as given in these pages are all matters +of fact, and perhaps if all the particulars could be known, it might +seem blacker even than now. Moreover, it happened in an old and +progressive county of Eastern Canada, just across the border from New +England, and Mr. Smith had incurred the anger of his persecutors only +by trying to enforce law and order and working for the protection and +uplifting of his fellow-men.</p> + +<p>In view of such facts, let the voters of our Dominion pause ere +<span class="pagenum"><a id="page005" name="page005"></a>(p. 005)</span> they give their sanction to a system which throws around the +makers and venders of alcoholic liquors the protection of the strong +arm of the law.</p> + +<p>That this volume, by showing the liquor party in its true light, and +thus warning our countrymen of their position and danger, may be the +means of arousing some who, though temperance people at heart, are +sleeping on guard, and of adding a few to the ranks of active workers +for the cause of right, is the earnest prayer of</p> + +<p class="left60 smcap">The Author.</p> + + + + + +<h2>INTRODUCTION. <span class="pagenum"><a id="page007" name="page007"></a>(p. 007)</span></h2> + + +<p>The publication of this book has been with the approval of some of the +best thinkers on the temperance question, and we doubt not that its +<i>careful</i> perusal by all who read it will prove a stimulus in +connection with the cause of temperance, and if they are timid or +hesitating will cause them to become decisive in the noble work for +humanity. It is a well-known fact that the grand old County of Brome +is one of the banner counties in every thing which is helpful to the +cause of morality, and we hereby offer a fraternal hand to all our +co-workers in the Dominion, and pray God's blessing may rest on every +effort put forth that, whatever may be the private opinion they may +entertain respecting the course pursued by the government, in order to +ascertain the minds of the people on the prohibition question, they +<span class="pagenum"><a id="page008" name="page008"></a>(p. 008)</span> may not only pray right, but when the time presents itself +may vote right. Notwithstanding the fact that a majority of the +inhabitants of our county are true to prohibition principles, yet a +minority would not hesitate, if possible, to repeal the Scott Act, as +was evidenced in the dark plot which was enacted in our midst, but +which could not be carried out until a rough from another country was +hired to commit the murderous assault, which was made on Mr. W. W. +Smith, one of the most earnest temperance workers in the Province of +Quebec, President of the Brome County Alliance for five terms in +succession, and who is actively engaged in sustaining the Scott Act in +our county, and saving from the sad consequences of the traffic the +tempted and the fallen.</p> + +<p class="left60">J. H. F.,<br> + <span class="add2em smcap">Sutton.</span></p> + + +<h1>THE <span class="pagenum"><a id="page009" name="page009"></a>(p. 009)</span> + +STORY OF A DARK PLOT;<br> + +<span class="smcap">or</span>,<br> + +<span class="smcap">Tyranny on the Frontier</span>.</h1> + + + + +<h3>CHAPTER I.</h3> + +<h5>PREVIOUS EVENTS WHICH LED TO THE ASSAULT.</h5> + + +<p>There are few communities, however small, that have not been aroused +and stirred into action, by some uncommon event, or where opposing +parties have never rejoiced, and mourned over a triumph of one at the +other's expense, and often have men and women, unappreciated by the +many, bravely suffered for their fidelity to a good and beloved cause. +Thus the little County of Brome has been stirred to the depths of its +soul by the actions of contending parties, and especially by a +deliberate attempt to hinder the work and destroy the life of a +law-abiding citizen. <span class="pagenum"><a id="page010" name="page010"></a>(p. 010)</span> Mr. William W. Smith, the hero of this +dark plot, was a native of the county which had always been his home, +and had been during about fifteen years the Agent of the Canadian +Pacific Railway Company at Sutton Junction. During those years, he had +been a man of the world, fond of pleasure, and not objecting to a +social glass, and it is not surprising that, amid all the temptations +of railroad life, he had already felt the awful power of an appetite +for strong drink. But he was led to see his danger and to flee from +it, largely through the influence of his beloved companion, a faithful +Christian, who rests from her labor, and her works do follow her. +Breaking his bonds by the power of God, he became not only a +temperance man, but a Christian, and in his great joy and gratitude +for his own salvation was filled with a desire to warn and rescue +others, whose feet were treading the same slippery paths. He then +began holding Gospel Temperance Meetings, as he had opportunity in +many places mostly within the County of Brome. This county has long +held an honored position as being one of the leading temperance +counties in the Dominion of Canada, because during many years no +license to sell intoxicating liquor as a beverage has been granted +within its borders, and a temperance law known as the Scott <span class="pagenum"><a id="page011" name="page011"></a>(p. 011)</span> +Act had been in force for eight years previous to 1893, when the +second attempt was made by the liquor party to obtain its repeal. Like +the serpent in the Garden of Eden, the liquor sellers of the present +day are remarkable for their subtility, and many are the innocent +victims entangled in the meshes of the net woven by their deceptive +tongues; therefore, it need not seem strange that they should display +great power and influence, even in a so-called temperance community. +In the spring of 1893, the liquor party in Brome, having decided that +they had been troubled by an anti-license act quite long enough, sent +out their agents to various parts of the county with innocent looking +papers to which they wished to obtain signatures. They called upon all +the known supporters of their party, and also upon that doubtful class +of persons which sometimes proves to be among their best helpers, +although counted as temperance people. To this doubtful class they +carefully explained that the petition they bore did not ask for the +repeal of the Scott Act, but only requested that an election be held +for the purpose of bringing the matter before the people, and +determining their minds upon the subject. Therefore, they were told +the signing of this petition was in no way equivalent to voting +against the Scott Act, nor <span class="pagenum"><a id="page012" name="page012"></a>(p. 012)</span> would they be bound to vote +against that Act if an election was brought about. Many names were +appended to the petition, the desired election took place, and very +hard did the liquor men work to obtain a result that should favor +their cause.</p> + +<p>However, not all the faithful work was on their side. A few temperance +speakers came from distant places, and held many interesting meetings +in different parts of the county, but perhaps the most efficient work +was done by people living in the county, who in many cases seemed to +possess greater influence than strangers could exert. Mr. J. W. +Alexander, at that time Principal of the Sutton Model School, added +more recruits to the ranks of earnest workers by organizing a number +of his pupils with a few other young people into a band which, under +the name of the "Young People's Temperance Crusaders," did good work +during the ensuing weeks. Older workers were admitted into the society +as honorary members, and the officers were chosen from among these. +One of the honorary members was Mr. W. W. Smith, who was also one of +the Committee appointed to accompany the younger members and aid them +in their meetings, and no one worked harder to retain the Scott Act +than he. He took an active part in nearly <span class="pagenum"><a id="page013" name="page013"></a>(p. 013)</span> every Crusade +meeting, and on evenings, when the Crusaders were not thus employed, +held other temperance meetings, thus occupying nearly every night +during three or four weeks in the heat of the campaign. Not content +with this, he worked and argued by day as well, and, associating his +work with prayer, did not cease from his efforts until, on June 16th, +1893, the polls were closed and the victory for God and the temperance +cause was won. The hotel-keepers and their confederates had gained +that for which their petition has asked, but plainly they were far +from satisfied with the result of the contest, and many were the +curses pronounced upon Mr. Smith as one of the most active opposers of +their cherished plans. Now the vote against them was greater than ever +before, yet they were not content to abide by the voice of the people +which they had seemed so anxious to obtain, but practiced the illegal +sale of alcoholic drinks until nearly, if not quite, every +hotel-keeper in the County of Brome was known to be boldly and +frequently breaking the law. A great cry of the liquor men while +attempting to repeal this law had been "The Scott Act is all right if +you would only enforce it; we don't want a law which is not carried +out," and it was now the wish of those who had sustained the Act to +prevent any further complaints <span class="pagenum"><a id="page014" name="page014"></a>(p. 014)</span> like this. Therefore, on the +evening of Feb. 26th, 1894, a public meeting was held in Sutton to +discuss the circumstances and form plans for work, and at the close a +society was organized to secure the enforcement of the Scott Act in +the township of Sutton. Mr. Smith, who had been instrumental in +bringing about this conference, was a member of the Executive +Committee of the Society.</p> + +<p>One of the leading temperance organizations of Canada is that known as +the Dominion Alliance, which is divided and sub-divided into +provincial and county branches. When, on April 25, 1894, the Brome +County Branch of the Alliance held its annual meeting for the election +of officers, Mr. Smith was chosen its President for the ensuing year. +Here was field for increased usefulness, and he took up his work with +a zeal that soon won the disapproval both of the liquor party and a +certain class of so-called temperance people whose principal work for +the cause usually lies in criticism of the work of others.</p> + +<p>Soon a public meeting of the Alliance was announced by the new +President to be held at Sutton, and a large number of people gathered +in the hall on the evening appointed. Many speakers addressed the +<span class="pagenum"><a id="page015" name="page015"></a>(p. 015)</span> audience, and told in no uncertain words that the law must be +enforced and offenders must be punished. It had not been deemed best +to prosecute the liquor sellers without first giving them a fair and +public warning, and therefore this meeting had been called; but now +that they were notified of the intentions of the temperance people, if +detected in dealing out the liquid poison, they had only themselves to +blame. True to these announcements, Mr. Smith and others proceeded at +once to obtain satisfactory evidence of the traffic in strong drink +which was known to be taking place in the various hotels. This was by +no means a slight task, for though the liquor sellers were not willing +to keep the law, they were entirely willing to preserve the appearance +of so doing, and very loath to sell liquor in the presence of a +stranger, while the testimony of their regular customers could not be +relied on. However, the task was done, and the evidence gathered was +sufficient to condemn nearly every hotel-keeper in the county to +imprisonment or a fine. On June 6th, these cases were considered in +the District court, at Sweetsburg, Quebec, and punishment was meted +out to the offenders. In some instances where the offences merited +imprisonment a fine was allowed instead, and this was accepted by the +Alliance President, who believed that <span class="pagenum"><a id="page016" name="page016"></a>(p. 016)</span> justice should be +tempered with mercy. This bit of leniency, however, was not taken into +account by the liquor sellers in considering his treatment of them. +They appeared to have altered their opinions as to the enforcement of +the law, and their anger waxed hot, while many, often ranked with the +temperance people, were in sympathy with them. Divisions occurred in +temperance societies, because some of the members had friends who were +made to suffer by the imposing of fines on the lawbreakers, and +members of secret brotherhoods, who felt it their duty to uphold their +brethren in good or evil, complained of the injustice of thus +depriving the hotel-keepers of the property they had earned; some even +declaring such transactions to be on a par with the meanest theft. +Meanwhile the liquor sellers and their allies, who had already by the +recent trials been shown to be a company of lawbreakers, seemed to be +forming plans of their own. Many dark whispers floated through the +county to the effect that W. W. Smith had better look out for his +personal safety, and some declared with an air of wisdom that they +would not like to be in his position, while a suspicious looking +stranger, said to be a horse buyer, was noticed by some to be +frequenting the hotels at Sutton and Abercorn, and attending the horse +races in the <span class="pagenum"><a id="page017" name="page017"></a>(p. 017)</span> vicinity. However, Mr. Smith had not the spirit +of fear, and believing, as he said, that "the Lord will take care of +his own," he continued as usual to go from place to place on errands +of temperance, or any other work which he felt claimed his attention.</p> + + + + + +<h3>CHAPTER II. <span class="pagenum"><a id="page018" name="page018"></a>(p. 018)</span></h3> + +<h5>THE MIDNIGHT ASSAULT.</h5> + + +<p>Thus matters went on until the night of July 7th, 1894, when Mr. Smith +drove out from his home and returned somewhat late. After caring for +his team he went into the station. It was afterwards told that some +young men had noticed a stranger at the depot that night, who had +appeared to be waiting for a train but had not gone away on any. After +the crowd at the station had dispersed, and the inmates of the +building had retired, as there was little night work to be done, Mr. +Smith went into his home in the station, where his brother's family +were then living with him, and having obtained a pillow for his head +went back to the waiting-room, where he lay down upon a settee and +dropped asleep.</p> + +<p>An article published in the Montreal <i>Daily Witness</i> soon after this +so well describes some of the circumstances which cluster round the +events of that night at Sutton Junction that we give some parts of it +here. It says:</p> + +<p class="quote"> + "The <span class="pagenum"><a id="page019" name="page019"></a>(p. 019)</span> liquor selling ruffians will descend to any warfare + however dastardly and mean when forced by law to a standstill. + There is something in the sad business that degrades every one in + it. This time it is liquor sellers in Brome County that are + indicted. Mr. W. W. Smith, President of the Brome County Branch + of the Dominion Alliance, is also the station agent at Sutton + Junction for the Canadian Pacific Railway Company. As president + of the Alliance he represents the temperance element of course, + and that is the element determined to carry out the law against + liquor selling. Mr. Smith represents them in this. In doing so he + is certain to make enemies. He has been assiduous in his duty, + and has been threatened several times. These threats did not keep + him from actively participating in efforts to secure the + conviction recently of several lawbreaking liquor sellers in + Brome, some of whom were convicted, and have had sentence + suspended over them pending their good behavior. On Saturday + night, Mr. Smith took the night operator's place, arranging that + the latter should take his place on Sunday. After securing + everything for the night, Mr. Smith lay down on the sofa, never + dreaming that any evil was to come to him."</p> + +<p>Instead of copying the account of the assault which follows the above, +we will describe the facts as nearly as possible as they have been +related by the victim himself.</p> + +<a id="img002" name="img002"></a> +<div class="figcenter"> +<img src="images/img002.jpg" width="500" height="353" alt="Station at Sutton Junction" title="Station at Sutton Junction"> +</div> + +<p>It <span class="pagenum"><a id="page020" name="page020"></a>(p. 020)</span> was between one and two o'clock on Sunday morning, July +8th, when Mr. Smith was attacked by the cowardly miscreant who has +thus made himself notorious. We say "cowardly," because when a large, +strong man who carries arms and is a professional fighter, as he +appears to have been, attacks a man who is weaponless and not more +than two-thirds his size by giving him a stunning blow upon the head +while he is asleep, there is clearly no evidence of heroism on the +part of the man who makes the assault. Yet this was what Mr. Smith's +brave assailant did!</p> + +<p>After receiving the first blow, Mr. Smith felt a strange sensation as +though he were taking a long, happy journey, and he thinks he was +aroused by his assailant attempting to drag him from the settee. As a +train was going by before daylight, it is the opinion of many that his +intention may have been to leave his victim stunned upon the railway +track, that the locomotive might complete the frightful work which he +had begun. At least, he doubtless intended by some means to guard +himself from suspicion and leave Mr. Smith entirely unable ever to +identify him. When he saw that the object of his brutal attack was +arousing he struck him a second time, but this blow not having the +effect of the former one, Mr. Smith, who <span class="pagenum"><a id="page021" name="page021"></a>(p. 021)</span> was now fully +conscious, although he could not see clearly, grappled desperately +with his foe. He saw a long weapon of some sort waving fiercely above +his head, and now and then received a blow from it, while his +assailant was constantly dragging him nearer the door, and he +struggling to remain in the room fearing the villain might have +associates outside. Mr. Smith was all the time shouting "murder," as +loudly as possible, but, his mouth being filled with blood, he was +unable to make himself clearly heard, and his calls brought no +assistance. At length, being somewhat weakened by the blows he had +received, he was dragged outside in spite of his efforts to remain +within, but still no one came to the help of either himself or his +antagonist. The two men, still struggling desperately, passed on from +the upper to the lower platform without the station, and thence to the +railway track below, and finally back to the lower platform. Then Mr. +Smith got possession of the weapon which his assailant had been +wielding, and the last hope of his enemy seemed to vanish with the +loss of that, for, freeing himself from the grasp of the man whom he +had thought a few minutes before was entirely in his power, he +disappeared in the darkness, and fled up the track in such haste that +he did not even stop for his hat, which was found <span class="pagenum"><a id="page022" name="page022"></a>(p. 022)</span> by some +one upon the platform next morning. The weapon which he left in Mr. +Smith's possession proved to be a large piece of lead pipe well +battered and bruised, near one end of which was attached a short piece +of rope, apparently intended to be slipped around the wrist of the +user so that the weapon might be concealed up his sleeve.</p> + +<p>Mr. Smith, having seen his enemy retreat, hastened to the part of the +house where his brother's family were sleeping, and thence to the +other part where a Mr. Ames and family lived, and aroused the inmates +of both apartments, who were very much surprised and alarmed at +thought of the frightful scene which had been enacted so close to the +apartments where they were calmly sleeping. However, there was one +brave man, a train hand, who was sleeping above the scene of the +assault, who declared that he had heard the blows when given, but did +not go down to learn the cause as he "did not want to mix up in it," +and was afraid he might get hurt. There are far too many people who +display the same disposition when others within their reach are in +danger or in need of assistance. When the people of the house were +awakened it seemed already too late to capture the retreating +criminal, but Mr. Smith's injuries were attended to, and a message +sent at once by telephone to <span class="pagenum"><a id="page023" name="page023"></a>(p. 023)</span> Sutton for a physician. The +bruises proved to be very severe, and it seems to be a modern miracle +that life itself was spared.</p> + +<p>The article from the <i>Witness</i>, part of which we quoted above, after +describing the assault, says:</p> + +<p class="quote"> +"A good deal of indignation is felt by the law-abiding people not + only of Sutton Flats, but of the county, and it is hoped that + every effort will be made to discover the perpetrator. The + woollen cap and slung-shot should give a clever detective a good + clue to work upon. Some time ago, at the public meeting called to + discuss the liquor question, Mr. Dyer, M. P. for the county, said + that the authorities had been twitted by the liquor men for not + enforcing the Scott Act. That reproach might have been justified + in a measure at least, as there was some doubt as to the opinion + of the people in its favor. But in 1893 the liquor men had + appealed—and perhaps it was well they did so—to the county, to + decide whether that law should be enforced or not. The county had + declared against the liquor men. Now the time had come when this + majority should stand at the back of the officials, and all + should endeavor to enforce the law. Mr. Dyer's remarks at the + time were taken to represent the desire of the law-abiding people + of Brome County. In carrying out this idea, Mr. Smith, they + contend, was simply doing his duty, and it is expected that in + doing it he had the majority of the people of the county with + him."</p> + +<p>This <span class="pagenum"><a id="page024" name="page024"></a>(p. 024)</span> brutal assault, made upon a law-abiding citizen by one +whom he had never injured in any way is a fair sample of the fruits of +intemperance wherever found. There are those who have seemed loath to +believe that Mr. Smith's strong temperance convictions and his +activity in carrying them out were the real causes which led to the +bitter hatred that inspired this fiendish act. They seem to think it +impossible that "respectable (?)" citizens of a temperance county +should attempt in such a reckless, lawless way to prevent opposition +to their traffic in strong drink. But what is there incredible in +this? When we consider that traffic in strong drink means a trade in +the souls of men, women and children, and in innocence, virtue and +hope; when we remember that the bartender daily takes from his +customers the price of food, clothes, health, respectability and all +that he has of real value in the world, and gives him in return +nothing but liquid ruin; when we know that the rumseller's business is +a sort of wholesale murder continually, inasmuch as by it millions of +lost souls are sent into eternity annually; in view of all these +facts, why should we be surprised when the liquor sellers of a +community plan together to rid themselves of one who has vigorously +opposed their dangerous work? It is only another form of the same +business.</p> + +<p>The <span class="pagenum"><a id="page025" name="page025"></a>(p. 025)</span> disclosures following the assault upon Mr. Smith +convinced many people of the evils of the liquor traffic, and some who +had favored and pitied the hotel keepers when they had been fined for +lawbreaking now turned against them, feeling that they could no longer +uphold their deeds. Meantime, some of the hotel keepers of the +vicinity gave evidence of their guilt by disappearing from the +locality very soon after the assault took place.</p> + +<p>The investigation of the affair was placed in the hands of S. H. +Carpenter, Superintendent of the Canadian Secret Service, and +detectives were at once set at work upon the case. Either Mr. +Carpenter or one of the men under his direction was constantly in the +vicinity, seeking to obtain clues by which to determine the guilty +party. One man, who lived near the mountain pass between Sutton and +Glen Sutton, declared that, early on the morning of July 8th, he had +seen two men pass his house driving very rapidly and going in the +direction of the latter village, one of the men having no hat, but +wearing a cloth around his head. Of course this story had an air of +significance inasmuch as the assailant of the previous night had left +his hat at Sutton Junction, but it did not prove to be of much +importance. It was soon settled in the minds of many that the +stranger <span class="pagenum"><a id="page026" name="page026"></a>(p. 026)</span> whom we have mentioned as having been frequenting +the hotels at Sutton and Abercorn had been the wielder of the lead +pipe on July 8th, but his name and whereabouts were not to be +obtained, as he had been sailing under false colors during his stay in +the country, and those who were initiated into the secrets of the +case, of course, kept silence.</p> + +<p>At length, Mr. Smith received a letter from a woman in Vermont, who +had formerly been employed at one of the hotels in the vicinity of the +assault, and soon after he met this same woman at Sutton, and her +evidence was a great aid towards locating the assailant. She knew +nothing about the pretended Boston horse-buyer, who had apparently +forgotten the object of his northward journey and disappeared without +having purchased any of the Canadian steeds, but she remembered an +American having once stopped for a time at the hotel where she was +then working, and from the description given it seemed that he might +be the same man. The one whom she described she said came from +Marlboro, Mass., and thither a man was soon despatched in search. It +proved that the man to whom she had directed Mr. Smith was not the one +in question, but in searching for him the real perpetrator of the +crime was found, as he chanced to be <span class="pagenum"><a id="page027" name="page027"></a>(p. 027)</span> also a resident of +Marlboro, Mass. Having located his man, the gentleman in search +returned home, leaving in Marlboro a Canadian detective who should +keep watch of the man until Mr. Carpenter went there. However, when +Mr. Carpenter, who was accompanied by Mr. Smith, reached the place, +the man whom they sought had already been lost track of by the +detective, but after a few days Mr. Smith saw him in company with +several others, and at once identified him as being the man whom he +had seen in the vicinity of Sutton Junction previous to the assault, +and also as having the form and gait which he had noticed his +assailant to have when he had watched him fleeing from the scene of +his cowardly attack. Soon this man was captured at Hudson, Mass., a +place about five miles distant from Marlboro. He was arrested by Chief +of Police Skully of Hudson and Policeman Hater of Worcester, and taken +to Fitchburg. The name of this young man who had apparently come very +near being a murderer was Walter W. Kelly, and he had been a bartender +in Marlboro, which probably made him feel more sympathy for his +Canadian brethren when their liberty to sell intoxicants was +interfered with.</p> + +<p>While at Fitchburg, Kelly was advised to yield himself <span class="pagenum"><a id="page028" name="page028"></a>(p. 028)</span> up +and go freely to Canada with Mr. Carpenter and Mr. Smith, because, he +was told, they were determined to have him at any cost, and, if he +made them the trouble and expense of extraditing him, he would only be +obliged to lie in jail a much longer time before his trial could take +place, whereas the sentence of punishment would doubtless be just as +severe in the one case as in the other.</p> + +<p>Acting in the spirit of this advice he gave himself up into the hands +of Detective Carpenter and went with him to Montreal, where he +acknowledged his guilt, and also told that he had been hired to do the +deed by John Howarth, a young man who lived with the hotel keeper at +Abercorn, and that James Wilson, one of the hotel keepers at Sutton, +had driven the team which carried him to and from the Junction on the +night of the assault.</p> + +<p>Mr. Smith, who had also accompanied Mr. Carpenter to Montreal, at once +returned home, and, having notified a number of his friends and +procured a constable from Knowlton, Que., went in company with several +others from Sutton to Abercorn, on Saturday night, August 25th, for +the purpose of arresting Howarth. On a Saturday night also, just seven +weeks previous, a smaller company of men had gone from Sutton in the +opposite direction, not to <span class="pagenum"><a id="page029" name="page029"></a>(p. 029)</span> arrest a guilty man, but to +assault an innocent man, not in the cause of right and justice, but of +wrong and injustice. But now it seemed that the tide had turned!</p> + +<p>The little company of "friends of temperance" surrounded the Abercorn +hotel, and the constable, going to the door, called loudly to Mr. +Jenne, the proprietor, who was doubtless in the land of dreams. Mr. +Jenne, who appeared to be somewhat suspicious, was loath to open his +house at that unseemly hour, and demanded his visitor's name; but the +constable, giving a fictitious name, enquired for John Howarth, and +when that individual made his appearance, he was at once arrested in +the name of the Queen. Seeing the people outside, neither he nor Mr. +Jenne dared resist, and, being assured by the latter that he would +soon have him free again, Howarth accompanied the constable to the +jail at Sweetsburg, feeling, doubtless, much less pleased with his +future prospects than he had felt when planning by violence and +bloodshed to frighten the temperance people into submission or +silence, and leave himself and his congenial associates free to drink +and sell as much liquor as they chose. Thus Satan may sometimes appear +to his servants as a very good master when they serve him faithfully, +and accomplish his designs, <span class="pagenum"><a id="page030" name="page030"></a>(p. 030)</span> but when they fail to carry out +some of his cherished plans and find themselves in danger and trouble, +as a result of their zeal in his service, then he proves a very poor +sort of comforter. Better far to serve a Master who will not forsake +His followers in time of need!</p> + +<p>A few days later an attempt was made to arrest James Wilson, who had +left the hotel at Sutton, and was thought to be staying at Glen +Sutton, his former home. This expedition is so fully described by an +article in the Montreal <i>Daily Star</i> that we quote from it here. The +two local guides mentioned in this report were W. W. Smith and his +brother, H. S. Smith. The account, dated August 31st, is as follows:</p> + +<div class="quote"> +<p>"A mysterious midnight expedition left Richford Station, Vermont, + a little after twelve this morning, and disappeared in the gloomy + shadow of Mount Sutton. The party was composed of Superintendent + Silas H. Carpenter of the Canadian Secret Service, a <i>Star</i> + reporter and two local guides. The object of the expedition was a + search for James Wilson and M. L. Jenne, hotel keepers of Sutton + and Abercorn, for whose arrests Carpenter held warrants. These + men are accused of being the conspirators who organized, aided + and abetted the arrangements for the attempted and nearly + successful murder of W. W. Smith, <span class="pagenum"><a id="page031" name="page031"></a>(p. 031)</span> the President of the + Brome County Temperance Alliance, who for some time has been like + a thorn in the side of the Brome County hotel keepers, because, + by insisting upon the enforcement of the law, to wit, the Scott + Act, he spoiled their profitable liquor trade. The excellent + means of communication in the counties of Missisquoi and Brome, + by telephone and otherwise, necessitated the greatest care in + keeping the purpose of the trip secret, especially because the + entire county seems to be situated too dangerously near the + American border line for officers of the law to take any chances, + and, accordingly, the ground had to be reached from Sweetsburg in + a round-about way. It was with grave apprehension that the + officers of the court and the citizens of that town let our small + party depart on what to them appeared a most dangerous errand; it + seemed perfect folly to them that Detective Carpenter alone, with + only a <i>Star</i> reporter, should thus attempt to 'beard the lions + in their dens'—and on a very dark night, too!</p> + +<p>"Why, they said, when the constable from Knowlton went to arrest + Howarth, another of the alleged conspirators who lives in the + same vicinity, last week, he surrounded the house with a cordon + of twenty men. They said, besides, the Wilsons were known as a + fighting family, who would never allow a member to be arrested + easily. As to Jenne, no two men would be able to prevent him from + slipping out of the house and escaping. As it turned out, Mr. + Carpenter had, in a measure, a greater success than even he + anticipated. Since the arrest of the man Kelly, who <span class="pagenum"><a id="page032" name="page032"></a>(p. 032)</span> was + hired to do and perpetrated the act of assault, those who were + interested in the plan of getting rid of Mr. Smith have evinced a + really remarkable preference for the air across the line, and a + score of residents of this vicinity more or less connected with + Brome liquor interests have emigrated to the neighboring towns of + the United States, hoping that they may not be extradited. Mr. + Carpenter's little excursion cost a good many people beside + himself their night's rest. The first house where Wilson was + supposed to be was searched at about three this morning, and + three other houses were subjected to a similar process within the + next two hours. At the last place Wilson's parents, wife and sick + child were found; but they pleaded utter ignorance of the head of + the family's whereabouts. There is little doubt but that he is in + hiding in the States. Jenne's hotel, at Abercorn, was visited + about six, and he, too, was in the States. But Mr. Carpenter gave + Jenne's son such convincing proofs that his father would be + extradited anyhow, and that his staying away would only be + considered an acknowledgment of guilt, that the old man was sent + for and decided to come to Canada without trouble. It is known + that the confession of Kelly, now under arrest, implicates, + directly and indirectly, a dozen or so of well-known people + around here. There is a promising prospect for penitentiary terms + for several of them."</p> +</div> + +<a id="img003" name="img003"></a> +<div class="figcenter"> +<img src="images/img003.jpg" width="500" height="520" alt="Caricature" title="Caricature"> +</div> + +<p>In the above account is given evidence of both the guilt and cowardice +of these hotel keepers. When men <span class="pagenum"><a id="page033" name="page033"></a>(p. 033)</span> concoct plans of evil which +they dare not execute in person, and then hire a foreigner to carry +them out, it is not strange if they prove too cowardly to face justice +when their part in the crime has been made known. It is little wonder +if they seek a foreign clime, but more strange that they do not hide +for shame after their fear of punishment is lessened. Is it because +they find too many sympathizers at home?</p> + +<p>Let those who doubt that this crime was undertaken because of the +temperance principles of its victim search the records of other +localities for parallel cases. Many earnest men and women have +suffered for the same cause. Satan never yields a foot of ground +anywhere without fighting vigorously to retain it, and no important +reform was ever inaugurated but it met with strong opposition from the +first.</p> + +<p>The more important a reform also, that is to say, the more it is +opposed to the rule of the powers of darkness, the more bitter the +persecution is likely to be which meets it at every step. Witness the +fierce opposition to the spread of Christianity in the early centuries +and the persecution which has almost always followed its introduction +into a new, neglected region. The temperance reform has been no +exception in <span class="pagenum"><a id="page034" name="page034"></a>(p. 034)</span> this respect, and as a leading temperance +worker has said: "The martyr-roll of temperance is just as sacred as +that of any other reform that was ever inaugurated."</p> + +<p>This same worker, Mr. J. C. Nichols, gives a sketch in this connection +which may be of interest to the readers of this narrative. It is of a +young man in New Orleans—a young man pure and earnest, such as the +world everywhere has need of. He was a zealous temperance worker, and +had met with considerable success in this work, which lay so near his +heart. One dark night, alone and unarmed, he was crossing a bridge +beyond which lay a clump of bushes. When he reached these bushes he +was confronted by six men with weapons who lay in ambush waiting for +him. They sprang out and shot him, and, not content with that, bruised +and battered his features beyond recognition. And then his noble +mother wrote to Miss Willard, President of the World's W. C. T. U., +that she had yet two boys left, and she had rather they would die as +he had, fighting for the right, than that either of them should turn +aside to the right hand or the left.</p> + +<p>These six men, attacking one defenceless temperance man, displayed the +same spirit of cowardice as their northern brethren show when they +hire a stranger to <span class="pagenum"><a id="page035" name="page035"></a>(p. 035)</span> do the work for them. They had greater +success attending their efforts, but probably there was no more hatred +or revenge in their hearts than was in the hearts of the Brome County +liquor sellers when they sent to Massachusetts for a prize fighter to +come north to injure and perhaps kill a Christian temperance worker.</p> + +<p>Through the providence of God, the plans of these men do not always +succeed, and when they do the real victory is often for God and the +right rather than for them, because no right-thinking man or woman can +but oppose them and their business when they see such fruits of the +traffic. North or south, the nature and effects of intemperance are +ever the same.</p> + + + + +<h3>CHAPTER III. <span class="pagenum"><a id="page036" name="page036"></a>(p. 036)</span></h3> + +<h5>THE AUTUMN COURT.</h5> + + +<p>The Autumn Court of the District of Bedford was opened at Sweetsburg, +Que., on Thursday, August 30th, 1894, and at this session the Sutton +Junction Assault Case was considered. The lawyers in charge of the +case were H. T. Duffy, on behalf of the Alliance, and E. Racicot, on +behalf of the accused hotel keepers. The court room was thronged each +day with eager listeners, and much interest was evinced both by the +temperance and anti-temperance people.</p> + +<p>The following account of proceedings at court and other matters +relating to the assault case is from <i>The Templar</i>, a temperance +paper, published in Hamilton, Ont., and a large part of this +description was also published in the Montreal <i>Daily Witness</i>:</p> + +<div class="quote"> +<p>"The excitement in Brome County, Quebec, over the arrest of + several prominent liquor sellers on the charge of conspiring to + murder Mr. W. W. Smith, President of Brome County Temperance + Alliance, increases <span class="pagenum"><a id="page037" name="page037"></a>(p. 037)</span> as the developments are becoming + known to the public. According to the evidence, there remains no + longer any question that Mr. Smith's devotion to Prohibition, and + particularly his determined stand for the honest enforcement of + the Scott Act, which is in force in that county, made him a + shining mark for the vengeance of the men whose trade and profits + were so seriously affected thereby. The confession of Walter + Kelly, the assailant, that he was employed to 'do up' Mr. Smith + because he was a man who gave the hotel keepers much trouble, and + had to be thrashed, as well as the payment of money by Mr. Jenne, + proves the animus of the assault, while the general evidence + indicates a wide-spread conspiracy, embracing others than the + accused, to cause the diabolical crime. The publicans of Brome, + and, indeed, the liquor traffic as a whole, lie under the + terrible suspicion of sympathy with this crime. It is not beyond + the traffic. Its record is traced in blood as well as tears. <i>The + Templar</i> is quite ready to believe that there are men in the + business who would shrink with horror from the very thought of + engaging in such a deed of blood, but the assault upon Mr. Smith, + of Sutton, is the natural fruit of the damnable business, and + those exceptions have not been wholly dominated by the genius of + the traffic. What cares the liquor seller who suffers while he + thrives? The excitement centres at Sweetsburg, where the court is + engaged in hearing the evidence against James Wilson and M. L. + Jenne, hotel keepers at Sutton and Abercorn, who are charged + with <span class="pagenum"><a id="page038" name="page038"></a>(p. 038)</span> conspiring to murder Mr. Smith. The preliminary + hearing began last Friday morning. People had come from all parts + of the surrounding country, and several newspaper people from + across the line, male and female, were on hand.</p> + +<p>"The Magistrates occupying the bench were Messrs. C. H. Boright + and G. F. Shufelt; Mr. H. T. Duffy was prosecuting attorney, with + Hon. Mr. Baker as counsel. Sheriff Cotton was also present. The + prisoner, John Howarth, was represented by Mr. E. Racicot, and + was in court.</p> + +<p>"Howarth is an American, and still a young man. He is closely + shaven, and wears his hair cropped short. He came here about + three years ago, with a stallion worth about $1000, in which he + owns a half interest. The man who owns the other half still lives + in the States, and by means of tedious litigation has been trying + to get his share. This man at present lives with the Jennes, at + their hotel at Abercorn. He is one of the principal figures in + the case, because he, it is said, was the man to whom the entire + management of the attempted murder was entrusted.</p> + +<p>"Mr. Smith is a medium-sized man, with a heavy blonde mustache, + and is a fluent talker, who evidently is very much in earnest in + his temperance work. He seems to possess the lives of the + proverbial cat; but many people here prophesy that they will not + be of avail to him much longer—meaning thereby that the liquor + men will yet be the death of him. This does not seem to worry him + much, however.</p> + +<p>"Kelly is a well built man, a little over medium height, + <span class="pagenum"><a id="page039" name="page039"></a>(p. 039)</span> with dark brown hair, restless, dark eyes, and a small + mustache, turned to a needle point at each end. It cost a great + deal of time and trouble to locate him; once nabbed, he turned + Queen's evidence.</p> + +<p>"Mr. W. W. Smith was the first witness. His testimony consisted + in a description of the assault as our readers are already + familiar with it. He narrated how he had warned the hotel keepers + against breaking the Scott Act, on pain of prosecution, and how, + by interposing on their behalf, he had saved many of them from + prison. He concluded his evidence with a description of Kelly's + attempt to murder him. Every eye in the court room was fixed upon + Walter Kelly, the man who committed the murderous assault, as he + entered the witness box. It was generally known that he had + turned Queen's evidence, and would tell a thrilling story. He + took the situation very coolly, and after explaining that he had + been a bartender in Marlboro, Mass., gave the following + testimony:</p> + +<p>"'Some time before the end of June last, I was shown a letter by + a man named Flynn, which requested him to come or send a man to + do a job, and it was stated that there was good money in it. The + letter was written by a man named Howarth, who resides at + Abercorn, P. Q., in the county of Brome. Neither Flynn nor myself + paid much attention to this letter, as we did not understand the + meaning of it. About the end of June, the same man showed me a + second letter, which he had received from Howarth, also <span class="pagenum"><a id="page040" name="page040"></a>(p. 040)</span> + requesting him to send a man on the next morning to do a job + connected with the liquor business, and he asked me to go, as + there was good money in it—about two hundred dollars—and I + agreed to go over. He then instructed me to go to a man named + Willard, whom Howarth had instructed to give me the money to pay + my way, or give me a ticket. I went to Willard, and told him that + I was going to Canada to do a job for some parties there; that + Howarth had sent for me to call on him for the money to buy the + ticket to go there, and that he would repay him. Willard gave me + ten dollars, and I bought my ticket, and came on to Abercorn. I + started towards the hotel there, when Howarth drove up, + recognized me, and asked me to get into his wagon. He drove me to + Jenne's hotel, and there introduced me to Mr. Jenne as a Mr. + Stewart. While at the hotel, Howarth told me he had sent for me + to thrash a fellow named Smith, who lived over at Sutton + Junction. He said that he was a mean cuss who drank all his life, + would drink whenever he got the chance, was all the time running + after the women and, to cover up his deviltry, he goes round + preaching temperance, and raising the devil with the hotel + keepers. They wanted to chase him away and get him out of the + business. Howarth went on to say that Smith, who is station + master at Sutton Junction, was so mean that people cannot ship + goods to that station without their being opened, looked over and + their contents reported to the temperance people. They had, he + added, reported Smith to the company, and <span class="pagenum"><a id="page041" name="page041"></a>(p. 041)</span> his discharge + had been ordered. I asked Howarth what about the money for doing + this job, and he answered, "Don't fear; everything is fixed, and + you will be well taken care of." In the afternoon, Howarth took + me to Sutton, and we called at Curley's hotel, and went from + there to Lebeau's, where he introduced me to a man named Lebeau, + who owns a race course, as a Mr. Stewart, a horse buyer from + Boston. I then rode with Mr. Lebeau and drove his horse, staying + round there until the evening, when I went back to Curley's + hotel, and had supper. I did not pay for it, and was not asked to + pay. I went to Sutton, purchased a ticket for Richford, where I + met Howarth in the afternoon by agreement, received fifteen + dollars from him and had a long conversation regarding the job I + was to do, after which Howarth went back to Abercorn. I, however, + remained over night at Richford, and next morning took the train + for Sutton. I then went to Mr. Wilson's hotel, and remained there + for two or three days. They asked me no questions in regard to my + board bill, they did not seem to care whether my bills were paid + or not, and they were never paid by me. I remained there until + the horse race at Knowlton, to which I went with Mr. Wilson, and + where I expected to meet Howarth with a team for me to use, but I + did not find Howarth at Knowlton. I left Knowlton the same night, + and rode back to Sutton, to Wilson's hotel, with a man whom I met + at the races. A day or two following, I was supplied with the + team, which was fed and cared for free of charge <span class="pagenum"><a id="page042" name="page042"></a>(p. 042)</span> at + Curley's and Wilson's hotels. This team was supplied me for the + purpose of driving to and from the Junction in order to meet + Smith. The night I committed the assault on Mr. Smith my team was + at Curley's hotel until 9 o'clock in the evening, when I ordered + it to be harnessed. I then started for the Junction, and on the + way I met a man a short distance out of the village, whose name I + do not remember, but I would probably recognize him if I saw him + again. I was supplied with a disguise of clothing, which was put + into my buggy when the team was sent to me. I do not know who put + it there, but Howarth gave me to understand that it would be + there.</p> + +<p>"'Some talk transpired between myself and the parties engaged in + this matter as to what weapon I should used to beat Mr. Smith, + when it was suggested, I think by Howarth, that a piece of lead + pipe would be a good thing, and when I opened the bundle, I found + a lead pipe in it. I saw that it was a piece of new pipe, and I + battered it to give it an old appearance. There was also a new + hat in the bundle. When this man got into my buggy, I drove to + Sutton Junction, where I waited for Mr. Smith. After our arrival + there, and until I had committed the assault on Mr. Smith, the + man who drove with me from Sutton kept the team waiting for me + about one hundred rods from the station. I saw Mr. Smith arrive + at the depot about 10.30 <span class="smcap">P. M.</span>, and after putting the team up, he + went into the station with four or five men. I watched Mr. Smith + until all <span class="pagenum"><a id="page043" name="page043"></a>(p. 043)</span> the men had left, the last two going north on + an engine, after which I saw Mr. Smith lie down on a settee. + After some time I entered the room, where he was lying, and + struck him over the head with the pipe, which was in my + possession. His head moved on the pillow, and when he started to + rise, I struck him again. We then clinched, and had quite a + severe struggle during which I lost my hat and the lead pipe. I + then freed myself from Mr. Smith, and disappeared, running to + where the team was waiting for me. We drove direct to Sutton, + where the fellow jumped off, and I kept on to Richford, where I + left my team at the American hotel, telling them that it would be + called for. On the way to Richford after having committed the + assault, I called at Jenne's hotel, Howarth having told me that + on my way back the money would be left with Jenne to pay me. When + I arrived there I called to him, and after a few minutes he came, + and I asked him if there was some money there for me, and he + said, "Yes," and at the same time he went back and brought out + fifty dollars, which he gave me. I asked him where the rest of + the money was, and he said: "Only a part of it had been + collected; give me your address, and we will collect it and send + you a money order." This money order I have never received. At + Richford I hired a team and drove to what I thought was about + half way to St. Albans, where I stayed all day Sunday, and took + the night express for Boston. The bay horse and open buggy, with + yellow running gear, were furnished me by Howarth a <span class="pagenum"><a id="page044" name="page044"></a>(p. 044)</span> few + days previous to the assault. The team was engaged by Jenne at + the livery stable in the rear of the American House, Richford, + and the young man who drove the team on the night of the assault + was young Jim Wilson. He left me at Sutton, and I was instructed + to leave the team at the Richford livery stable above mentioned, + which I did, and the same livery man whom I asked for another + team to drive me to St. Albans, or a part of the way, hitched up + a team and sent a man with me whose name I do not know. When I + drove up to his place that Sunday morning, I awoke him and said + that I had brought back his horse which I had been using for the + last few days, and I also told him that this party would settle + for it, and he replied, "All right."'"</p> +</div> + +<p>In this testimony of Kelly's we see the evidence of a preconcerted +plot in which many liquor men, both Canadian and American, must have +been initiated. It is an important fact also that the man entrusted +with the execution of their lawless plans was himself a bartender. +From the evil account of Mr. Smith's deeds, which Kelly says was given +to him on his arrival in Canada, it appears that the enemies of +temperance are not contented with taking the property of their +fellow-men as they often do in different ways, they are not even +satisfied with inflicting bodily injury and suffering upon those who +oppose <span class="pagenum"><a id="page045" name="page045"></a>(p. 045)</span> their ways, but they would blight their reputation, +and this, too, is no small injury, for in the words of Shakespeare:</p> + +<p class="poem"> + "Who steals my purse, steals trash; 'tis something, nothing;<br> + 'Twas mine, 'tis his, and has been slave to thousands;<br> + But he that filches from me my good name,<br> + Robs me of that which not enriches him,<br> + And makes me poor indeed."</p> + +<p>The announcement also that the liquor men had reported their enemy to +the railway company, and that his discharge had been ordered, is +significant in the light of later events. The complaint made by them +to the company seems from the above to have been that Mr. Smith was +examining goods shipped into the county by way of Sutton Junction, and +this, we are assured, was a false report. However, it seems probable +that, if the hotel keepers had not been receiving illegal goods in +this way, they would not have been so suspicious. Another account of +Kelly's testimony was published in the Montreal <i>Daily Star</i>. Omitting +those parts which do not differ materially from the report in <i>The +Templar</i>, this report is as follows:</p> + +<div class="quote"> +<p>"The reason that Kelly did not get his hundred and fifty dollars + for half murdering Mr. W. W. Smith, it appears, was 'that he did + not half finish his job;' at <span class="pagenum"><a id="page046" name="page046"></a>(p. 046)</span> least that was the reason + given in another letter of Howarth to his friend Mr. Flynn in the + United States, who showed it to Kelly. It is left to the + imagination as to what the result would have been if he had + finished the job. Kelly's testimony occupied all the afternoon, + and he stood the ordeal extremely well. Mr. Racicot tried to + shake him, but in vain. He told his story in a straightforward + manner, and it showed how easy it is even in our present + civilized and advanced age to get rid of or punish people without + running personal risk of bodily injury if you go the right way + about it. The case is also a forcible reminder of the truism that + the laborer is worthy of his hire, and that things done on the + cheap are apt to turn out badly....</p> + +<p>"That night he drove in the vicinity of a friend's home, where he + was told that Smith was not at home. He went with the intention + of seeing Mr. Smith. If he had met him he would have licked him + then and there. He always stayed at the Wilson's, when he had + nothing better to do, and they did not charge him anything. He + was convinced that the Wilsons, though they did not say so, knew + perfectly well what he was doing. Kelly met Smith once at the + Sutton Junction station while he was on the train. The night of + the attempted murder he asked Jim Wilson to drive him. Wilson + must have know what Kelly was going to do, for the latter + undressed while they were driving together, and put on the + disguise, and Jim Wilson must have seen him put the lead pipe in + his pocket. Wilson waited for him <span class="pagenum"><a id="page047" name="page047"></a>(p. 047)</span> with the rig, while + the drama in Smith's station-house took place. Kelly then + rehearsed the act himself, varying but little in the story from + the version given by Mr. Smith. The remainder of the story + finished....</p> + +<p>"When he was half way to St. Albans he sent the Richford team + home and hired another on the road. He took the train at St. + Albans to Boston, and from there returned home to Marlboro. He + met Howarth at Marlboro afterwards, and Howarth said that he + would see about the money. He then spoke to Howarth's friend + Flynn and the latter wrote. In reply he got back a letter from + Howarth, in which the latter said: 'Kelly did not half do his + job, and all the others are kicking at me.' At any rate, Kelly + did not get his one hundred and fifty dollars. Mr. Racicot then + took him in hand and tried very hard to tangle him up. He + commenced by trying to break down the force of the evidence of + the letters, which Kelly claims Howarth has written, and which + Kelly claims he had seen. Of course he had to admit that he could + not swear they were written by Howarth. Next, his efforts were + directed to words trying to prove by Kelly's testimony that the + assault was not a murderous one. Partly to protect himself, + partly because he believed it the truth, Kelly then was compelled + to testify that he was not asked and had not undertaken to kill + Mr. Smith. He never told any one that he had, and did not intend + to kill him or do him serious injury. The murderous-looking gas + pipe club on exhibition on the Judge's Bench gave <span class="pagenum"><a id="page048" name="page048"></a>(p. 048)</span> this + part of the testimony a rather sarcastic tinge. In continuing, he + got Kelly to say he did not think he had hurt Smith seriously, + but simply that he had fulfilled his contract. It came out that, + while living in Marlboro, Kelly was a barkeeper, and was seen + drinking with others in a hotel. There is apparently a good + opportunity for missionary service of the sort Mr. Smith delights + in in Vermont. He was asked to go into lengthy details as to how + he was arrested, brought from the States by Mr. Carpenter and + treated while in his custody, and said that he expected to take + his chances on being sent to jail or penitentiary. When his + testimony was finished a wrangle took place between opposing + counsel as to whether or not prisoners should be admitted to + bail. Mr. Duffy opposed in so far as Howarth was concerned, + because he was an American, and because once at liberty he would + approach the other conspirators and frustrate the ends of + justice. Finally Howarth was remanded till Wednesday. Jenne was + allowed out on nominal bail, and Kelly remanded to the custody of + Mr. Carpenter. Some more arrests and some more verbal and very + interesting documentary evidence is promised for Wednesday."</p> +</div> + +<a id="img004" name="img004"></a> +<div class="figcenter"> +<img src="images/img004.jpg" width="400" height="680" alt="Walter K. Kelly" title="Walter K. Kelly"> +</div> + + +<p>The statement of Kelly that he did not intend to kill Mr. Smith, and +was not asked to do so, has a decided look of absurdity when viewed in +the light of the various circumstances surrounding the assault. If +<span class="pagenum"><a id="page049" name="page049"></a>(p. 049)</span> he simply intended to "lick" Mr. Smith, why did he attempt it +in such an unfair and cowardly way? Why did he, when the object of his +assault was asleep, attack him with a weapon which might cause death? +And why, having such an advantage over his victim, did he begin at +once to pound his head? This is a very dangerous way to administer a +whipping! Moreover, if the hotel keepers of the vicinity only wished +to have Mr. Smith pounded, it seems strange that not one of their +number was willing to undertake the task himself. Or, if not, why did +they not hire some ruffian who could be induced to give almost any man +a pounding for a smaller sum of money than that promised to Walter +Kelly, and, besides, might have supplied his own necessary outfit, and +save them the trouble and expense of providing board, team, weapon and +disguise of clothing.</p> + +<p>Again, the liquor men should have known that such a course would not +be likely to help them very much, for any man who is sincerely in +earnest and seeks the prosperity of a good cause, will not be likely +to stop his work because of a slight pounding. There are many things +in this world not easy to understand or explain, and this affair seems +to be one of them, but, of course, it is a lawyer's business to work +for the interests of his clients, and prisoners <span class="pagenum"><a id="page050" name="page050"></a>(p. 050)</span> usually +consider it their privilege, when in the witness box, to work for +their own safety.</p> + +<p>The testimony of Mr. Smith, which had been begun on Friday, and had +given place to Kelly's evidence when he arrived from Montreal, was +resumed on Wednesday, Sept. 5th, when the case was again considered in +court. The following report of Wednesday's proceedings was published +in the Montreal <i>Daily Witness</i>:</p> + +<div class="quote"> +<p>"The preliminary enquiry into the Sutton Junction attempted + murder case was resumed this morning before Messrs. C. H. Boright + and G. F. Shufelt, J. P.'s. The court room was crowded, and much + interest was evinced in the progress of the case. Mr. W. W. + Smith, continuing his evidence, described his struggle with + Kelly. The first blow rendered him partially unconscious, and + apparently was not repeated for two or three minutes. A second + and third blow was given with the lead pipe, but, owing to his + having clinched with Kelly, they did not have the effect of the + first. During the struggle, both men got out on the station + platform, and eventually rolled from the upper to the lower one, + Smith all the time calling out 'murder,' and Kelly breaking loose + ran away. He was positive that it was Kelly's intention to kill + him, not merely to give him a beating.</p> + +<p>"He recognized the lead pipe as the weapon Kelly used, and also + the hat was the one he left behind in the station.</p> + +<p>"He <span class="pagenum"><a id="page051" name="page051"></a>(p. 051)</span> went to Marlboro on August 25th, and identified + Kelly, whom he saw drinking with three other men at the bar of + the Central House.</p> + +<p>"He travelled from Fitchburg to Montreal with Mr. Carpenter, and + was present in the former's office, when Kelly acknowledged to + having committed the assault.</p> + +<p>"Two other witnesses testified to having seen Howarth and Kelly + together at Sutton, on May 24th, where it was given out that the + latter was from the United States, and was buying horses. It was + also in evidence that Kelly was seen at Curley's hotel, Sutton, + on the evening that the assault was committed."</p> +</div> + +<p>After these witnesses were heard, the case was put over until Spring, +to be considered and decided by the Court of Queen's Bench, which was +to be held at Sweetsburg, in March, 1895. Kelly, Howarth and Jenne +were committed for trial at that time. Jenne was released on bail, and +application was made for bail to be granted for Howarth also. This was +refused by the magistrates, and Mr. Racicot then applied to the Judge, +being opposed in his application by Mr. Duffy, the lawyer for the +Alliance.</p> + +<p>Judge Lynch carefully considered the matter in its social and legal +aspects.</p> + +<p>He brought up several cases in the history of the country in which +application for bail had been refused, recited <span class="pagenum"><a id="page052" name="page052"></a>(p. 052)</span> the general +principles which had governed the various judges in making these +decisions, and concluded his remarks thus:</p> + +<div class="quote"> +<p>"It only remains for me now to apply these general principles, + which have received the sanction of our highest courts, to the + present case, and cannot better do so than by asking myself the + questions which were submitted by Judge Power, as being the basis + of his conclusions in the Maguire case.</p> + +<p>"What is the nature of the crime charged against Howarth? Is it + grave or trifling? It certainly is not trifling, it is one of the + most serious known to our law, being nothing less than an + accusation of an attempt to commit murder. 2d. What is the nature + of the evidence offered by the prosecution, and the probability + of a conviction? I prefer not to discuss or consider now the + strength of the evidence which was adduced before the + magistrates, to which alone I can look. It apparently presents a + strong case, and if it is believed by the jury, and not rebutted + by other evidence, it would, in all human probability, lead to a + conviction. 3d. Is he liable to a severe punishment? Yes—to + imprisonment for life. In face, therefore, of the answers which I + am obliged to give to the foregoing questions, I cannot hesitate + as to my duty in this matter. It is important in the public + interest that Howarth should be present in court, and stand his + trial on the charge preferred against him, and nothing can or + should be allowed to interfere to prevent this from taking place.</p> + +<p>"It <span class="pagenum"><a id="page053" name="page053"></a>(p. 053)</span> might possibly be otherwise were bail allowed, and I + cannot take the responsibility of such an occurrence. The + application is refused."</p> +</div> + +<p>From these words of Judge Lynch we see clearly how very serious a +matter this assault case must have seemed to him at that time. After +this decision Kelly was again placed in custody of Mr. Carpenter, and +returned to Montreal, where he was kept in prison, while Howarth +passed the winter in Sweetsburg jail.</p> + +<p>Meantime, some of the members of the liquor party took advantage of +the excitement which this assault had caused by trying to frighten +other temperance people. One man, Allen C. Armstrong, living in the +neighborhood of Sutton Junction, who had been an aid in the work of +locating Kelly, awoke one morning to find upon his doorsteps a +miniature coffin, which bore an ominous inscription, giving his name +and the record of his death (without date), and calling him a "Sutton +Junction detective." Also, anonymous letters were reported to have +been received by two men in the same vicinity, viz.: N. P. Emerson, +Vice-President of the Alliance for the township of Sutton, and J. C. +Draper, President of Brome County Agricultural Society, who was also a +member of the Alliance, bidding them beware lest they also suffer in +the same manner as Mr. Smith.</p> + +<p>It <span class="pagenum"><a id="page054" name="page054"></a>(p. 054)</span> may have afforded a degree of satisfaction to a certain +class of people to thus add fuel to the fire already kindled by the +liquor men, but their cause will certainly never triumph through any +such acts as these, for there will always be some in the ranks of the +temperance party who will be willing to work the harder the fiercer +roll the flames of opposition.</p> + + + + +<h3>CHAPTER IV. <span class="pagenum"><a id="page055" name="page055"></a>(p. 055)</span></h3> + +<h5>PROS AND CONS OF PUBLIC OPINION.</h5> + + +<p>As may be supposed this assault case became the subject of a great +deal of discussion and controversy, not only in the vicinity of its +occurrence, but also in places far distant, and among people who had +no personal knowledge of any of the parties especially concerned in +it. If the assault upon Mr. Smith had been committed for almost any +other reason than the one which really led to it, it would probably +have caused less intense feeling than it did. But an assault of such a +serious nature, made on account of a man's temperance principles and +practices, appealed to the public sense of right, and seemed the +signal for a war of pens and tongues between the opposing parties of +temperance and inebriety. Very few of the latter party proved brave +enough to have their opinions submitted to the press (or else the +press would not accept them), but doubtless those opinions were freely +expressed in private.</p> + +<p>We purpose devoting this chapter to a few of the views of societies +and individuals respecting this affair, as <span class="pagenum"><a id="page056" name="page056"></a>(p. 056)</span> they were +published in the columns of certain newspapers. The following from +<i>The Templar</i> shows the feeling of the Alliance in a border county to +that in which the deed was committed, as expressed just before the +opening of court:</p> + +<p class="quote"> + "The Missisquoi County Alliance, at a meeting held August 28th, + passed the following resolution, which was unanimously adopted + amid applause: '<i>Resolved</i>, That this County Alliance now + assembled desires to record its deepest sympathy with Mr. W. W. + Smith, President of the Brome County Alliance, in the recent + outrage perpetrated upon him by the emissaries of the liquor + traffic. We rejoice to know that there is a prospect of the + speedy bringing to justice of the perpetrators of that assault. + We also desire to record our high appreciation of the valued + services to the cause of prohibition in this section by Mr. + Smith, and trust that he may long be spared to continue his + heroic efforts to free our country from the ravages of strong + drink.'"</p> + +<p>The following resolution was adopted by the executive of the Quebec +provincial branch of the Dominion Alliance, at a meeting held in the +parlors of the Y. M. C. A., in Montreal:</p> + +<p class="quote"> +"That this Alliance records its profound sympathy with Mr. W. W. + Smith, President of the Brome County Alliance, in the recent + murderous assault made <span class="pagenum"><a id="page057" name="page057"></a>(p. 057)</span> upon him, resulting from his + earnest and successful efforts in the cause of law and order in + the County of Brome, and this Alliance trusts that full justice + will be meted out to the perpetrators of this atrocious crime."</p> + +<p>The letter given below appeared in <i>The Knowlton News</i> of Oct. 12th, +1894, under the heading "A Few Words on the Other Side:"</p> + +<div class="quote"> +<p>"To the Editor of <i>The News</i>:</p> + +<p>"<span class="smcap">Sir</span>,—In the discussion of a case which has and is now agitating + this good County of Brome, that spirit of British fair play which + has attained to the dignity of a proverb has been lost sight of + to a marked degree. I refer to the alleged assault on Mr. W. W. + Smith, at Sutton Junction, in July last. The Dominion Temperance + Alliance and its friends are doing their best, by means of the + press and otherwise, to poison the public mind in advance of the + trial against the party who is charged with procuring the assault + on Mr. Smith, and also against divers other persons in the county + who are said to be his accessories, charging them with the + commission of a grave crime without a scintilla of reputable + evidence on which to base such a charge. This, I say, is not fair + play, and those guilty of the unfairness need not find fault if + lovers of justice refuse to follow them in their raid on men and + characters, or by silence lend strength to the unwarranted + assumption that each and <span class="pagenum"><a id="page058" name="page058"></a>(p. 058)</span> every one of those so + flippantly accused are guilty from the word 'go,' and must be + pilloried in public and private, and subjected to the shame and + embarrassment arising from these attacks on their character, as + law-abiding citizens and legal subjects of Her Majesty.</p> + +<p>"There is a limit beyond which self-constituted conservers of + public morals must not go; and good men should not be brutally + attacked in public by agents of the Alliance on the strength of + the admissions of a fellow, who, if he tells the truth, is one of + the meanest rascals that ever cumbered the earth. I refer to the + fellow Kelly, Mr. Smith's self-confessed assailant.</p> + +<p>"I offer nothing in defence of lawbreakers, nor would I, if I + could, do aught to mitigate in the least degree the punishment + that may be meted out to the person who wantonly assaults a + peaceable citizen, but candor and strict impartiality force me to + refuse to accept as truth all the rubbish of tergiversation with + which this agitated Smith case has been surrounded by the + intemperate zeal of professed temperance men. I believe in + temperance, and if those who knowingly violate the law against + the sale of intoxicants are brought to judgment and punishment, + they get but what they deserve, and all good men will applaud the + vindication of the majesty of the law. But we are scripturally + enjoined to be 'temperate in all things.' This applies as well to + words as to the use of stimulants, and the grossly unfair attacks + on men's characters by certain of the Alliance <span class="pagenum"><a id="page059" name="page059"></a>(p. 059)</span> + emphasize the necessity for a strong curb on that unruly member, + the tongue, which has brought many a good man and worthy cause + into grave disrepute, and made them enemies where otherwise they + might have had friends.</p> + +<p>"This whole Smith business has a 'cheap John' flavor, which makes + careful men view it askance. Who witnessed the assault on Smith? + Nobody. He tells of being struck three times on the head with a + piece of lead pipe, weighing some four pounds, and has in + evidence the terrible weapon. Did his person bear evidence of the + murderous assault? No. All who saw him in the early morning + following the alleged assault were surprised that he bore no + marks of the terrible struggle for life through which he claimed + to have passed. Why, one blow from such a weapon as he exhibits + would have crushed his head as if it were an egg shell, yet he + claims to have sustained three blows, and is alive to tell of it! + Shades of Ananias and of Munchausen!</p> + +<p>"But it were useless to pursue the subject further.</p> + +<p>"It is to that spirit of fair play so characteristically British, + and to which we are proud heirs, that I would appeal. Everything + is being said and done to prejudice the public against those who + are accused of instigating Kelly to the assault on Smith; but, + singular as it may seem, Kelly is patted on the back and called a + good fellow. Why? Admitting the truth of Kelly's story, is he + less guilty because he had confederates? A strange feature of the + case is that <span class="pagenum"><a id="page060" name="page060"></a>(p. 060)</span> Kelly willingly came back to Canada, when + extradition would have been about impossible.</p> + +<p>"He was taken to Montreal instead of to Sweetsburg, and was there + royally entertained instead of being put in close jail. While in + Montreal he was interviewed,—and by whom?—the Crown prosecutor? + No; but by Smith and his counsel, Mr. Duffy. Meantime, several + so-called 'detectives' were scouring the country for evidence. Of + what? They had Smith's assailant, and he had told his story. + Those whom he charged as being instigators of his crime were + attending to their business, and might have been apprehended + within twenty-four hours after Kelly's arrest in the States. Then + what were the detectives seeking?—what were they after? That + $1000 reward was in sight, and this may have been the inducing + cause of this prowling.</p> + +<p>"It would seem to 'A man up a tree' that there are certain + revenges to be completed—sundry old grudges to be satisfied, and + the Crown is asked to assist in this questionable work. Those + familiar with the matter say that in our broad Dominion there are + no better conducted hotels than those to be found in the Eastern + townships. They are well kept, and the travelling public is most + hospitably entertained, well fed and comfortably lodged. A + well-conducted hotel adds to the strength and business character + of a village, and a faithful landlord is expected to furnish + guests certain necessities, one of which may be liquor.</p> + +<p>"And because he does this should he be reviled, and persecuted, + and driven out of business? That liquor <span class="pagenum"><a id="page061" name="page061"></a>(p. 061)</span> is a great + evil, no one can honestly deny, and being such, and being beyond + the power of man to destroy, let us do the next best thing—curb + and control the evil in the best manner possible.</p> + +<p>"A dozen wrongs will never make a single right, and the wrongs + that are being committed in this Smith case have appealed to one + who believes in</p> + +<p>"<i>Brome, Oct. 8th, '94.</i><br> +<span class="left60 smcap">Fair Play.</span>"</p> +</div> + +<p>The following comments appeared in an editorial in the same paper:</p> + +<p class="quote"> + "It is impossible to shut one's eyes to the ill-feeling that is + growing throughout the County of Brome, and spreading itself over + the district, as a result of what is known as the Smith assault + case. Hitherto, only one side of the case has found an echo in + the public press, but to-day we open our columns to a + correspondent who expresses in moderate language the sentiments + of those who think there is something to be said on the other + side. We commend his letter to the attention of our readers + without in any sense committing ourselves to the writer's + conclusions. Everybody must feel sorry for the misfortunes of Mr. + Smith, and if, as it is alleged by some, he has allowed his zeal + to get the better of his discretion, he is not the first man who + has been carried away by a superabundance of enthusiasm, or who + has suffered therefor. Mr. Smith's friends will try to make a + martyr of him. We doubt that they will succeed."</p> + +<p>If, <span class="pagenum"><a id="page062" name="page062"></a>(p. 062)</span> as the Editor of <i>The News</i> seems to consider, "the +sentiments of those who think there is something to be said on the +other side" are expressed in the above letter in "moderate language," +how must those views sound when expressed in the most forcible terms +of angry barroom parlance? Let us thank God that we are not compelled +to hear these opinions when thus declared, nor even to see them made +known through the press.</p> + +<p>It is said in the above note that Mr. Smith's <i>friends</i> would try to +make a martyr of him, but it was doubtful if they would succeed. We +think the Editor of <i>The News</i> is mistaken in this, it was Mr. Smith's +<i>enemies</i> who appeared desirous of making a martyr of him, and they +very nearly succeeded; but, through the providence of God, he is still +in the ranks of temperance workers. We are told that "one with God, is +a majority," and more than one in Brome County are true to the right, +therefore, the liquor party with all their efforts are still in the +minority there. In the next issue of <i>The News</i>, dated Oct. 19th, +appeared the following replies to the above epistle from "the other +side:"</p> + +<div class="quote"> +<p>"To the Editor of <i>The Knowlton News</i>:</p> + +<p>"<span class="smcap">Sir</span>,—In regard to the communication in your issue <span class="pagenum"><a id="page063" name="page063"></a>(p. 063)</span> of + October 12th, over the signature of Fair Play, your correspondent + says:</p> + +<p>"'This whole Smith business has a "cheap John" flavor, which + makes careful men view it askance. Who witnessed the assault on + Smith? Nobody. Did his person bear evidence of murderous assault? + No. All who saw him in the early morning following the alleged + assault were surprised that he bore no marks of the terrible + struggle for life through which he claims to have passed. Shades + of Ananias and Munchausen!'</p> + +<p>"Mr. Editor, here we have the substance calling upon the shadows. + As one who visited Mr. Smith on the morning following the + assault, I assert that Fair Play makes a direct departure from + the truth. I challenge Fair Play to give the name of a single + reputable individual who now will corroborate his assertion. Such + a statement is in direct contradiction to the sworn testimony of + our respected fellow-citizen, R. T. Macdonald, M. D. Mr. Smith + was visited on the following morning by scores of people, and + they saw upon his person the evidence of a violent and brutal + assault. Many of the visitors expressed their determination to + see fair play, and their willingness to subscribe, which they + subsequently did, to a fund to bring the guilty party or parties + to justice. Fair Play need not worry about the slandered + characters of the hotel keepers of this county. Their characters + are in their own keeping, just as the characters of merchants, + mechanics and ministers are in <span class="pagenum"><a id="page064" name="page064"></a>(p. 064)</span> theirs. If the parties + who are accused of complicity in this affair are innocent, they + will have the opportunity of proving themselves so.</p> + +<p>"And why should not your correspondent exercise that spirit of + fair play, the lack of which he so much deplores in others, and + not make the useless attempt to impeach Mr. Smith's veracity in + the case of this assault. Such an attempt is both useless and + senseless, for within an hour or two of the assault he was under + the professional care of one of the most eminent and reputable + physicians of the Province, who surely would at once have exposed + any imposture.</p> + +<p>"Even Fair Play would be willing to see an assaulter punished, + but seems to have made a discovery which, singular to say, in + nearly three months of intervening time no one has yet thought + of, namely, that no assault was committed.</p> + +<p>"The cheap John part of this affair is in Fair Play's letter, in + which in one breath he professes to be a temperance man, and says + a hotel keeper who violates the law and gets punished gets just + what he deserves, and in the next breath tells us that liquor is + a necessity, and asks why trouble the man who furnishes it. + Surely, we see the hem of the cloak of hypocrisy. Fair Play + should also give the public his name, so that people may judge + for themselves the value of his peculiar and disinterested view + of fair play; farther, some folks are already conjecturing who + the author was, and it is not fair to let any one be under the + imputation of a thing he did not do, and <span class="pagenum"><a id="page065" name="page065"></a>(p. 065)</span> surely no man + need be afraid or ashamed to have his own views appear over his + own name. He asks, Who saw the assault? and answers, Nobody. Who + saw Hooper try to drown his wife? Nobody. And yet one of these + so-called detectives was instrumental in landing him in prison, + and people seem to think that he did get fair play.</p> + +<p>"Fair Play says careful men view this askance. In this town, + where naturally the keenest interest is taken in this affair, + nearly or quite all of the representative men have condemned the + assault in the most decisive manner.</p> + +<p>"Now, Mr. Editor, let me say that among the great mass of the + people of this vicinity, there is no desire to make out that Mr. + Smith is either a hero or a martyr. It is a question of law and + order on the one hand, and crime and violence on the other. The + assault is admitted, and a conspiracy is alleged. No doubt there + are landlords in this country who would not implicate themselves + in any illegal proceedings against Mr. Smith nor sympathize with + the same. Such men are suffering nothing, but it is doubtful if + there is a person of ordinary capacity in this vicinity who does + not believe that the assault was the outcome of a conspiracy, and + men are not slow in expressing the wish that if we have such + people living among us that they may be exposed in their true + character and punished, whether they profess to be saints or + sinners, and the people of this town would extend the same + sympathy and offer the same assistance to the accused parties, if + they had been the victims <span class="pagenum"><a id="page066" name="page066"></a>(p. 066)</span> of an assault and suspicion + pointed to Smith and the Alliance as its instigators.</p> + +<p><span class="left60 smcap">"Merit Longeway.</span><br> + "<i>Sutton, October 15th, 1894.</i>"</p> +</div> + +<a id="img005" name="img005"></a> +<div class="figcenter"> +<img src="images/img005.jpg" width="500" height="376" alt="Lead pipe, rope and hat" title="Lead pipe, rope and hat"> +</div> + +<div class="quote"> +<p>"To the Editor of <i>The News</i>:</p> + +<p>"<span class="smcap">Sir</span>,—Permit me to reply to some of the statements of 'Fair + Play' in your paper of October 12th. First, I should like to ask + what is meant by poisoning the public mind?</p> + +<p>"If Fair Play means enlisting the sympathies of the public on the + side of the temperance party, all that is needed is a clear + statement of the plain, unvarnished facts. There need be no + 'unwarranted assumption,' or charges without evidence, for + members of the liquor party before that assault at Sutton + Junction, and more especially since that time, have themselves + acted in a way that has estranged some who have been their warm + supporters, as they have procured the discharge of Mr. Smith from + the employ of the Canadian Pacific Railway Company, whom he had + served faithfully for fifteen years, and have also threatened the + lives of other peaceable citizens, because they chanced to frown + upon violence and lawbreaking.</p> + +<p>"Furthermore, Fair Play declares that the Temperance Alliance and + its friends, of which he plainly is not one, are charging divers + persons in this county with the commission of a grave crime of + which they have no reputable evidence. Thus does this very brave + apostle of 'the other side' fearlessly assert, with <span class="pagenum"><a id="page067" name="page067"></a>(p. 067)</span> no + proof for his statement, that all the various persons who have + given evidence in this case in Mr. Smith's favor are + disreputable, and their testimony of no value. Truly this is a + bold statement, and it would seem that sometimes pens as well as + tongues need 'curbing.' Although Fair Play declares that he + 'offers nothing in the defence of lawbreakers,' yet his entire + epistle is plainly in defence of just that class of people, for + it is written in behalf of the hotel keepers who have repeatedly + broken the law, and were convicted of liquor selling in court, + not long since.</p> + +<p>"Again, this 'believer in fair play,' in speaking of Mr. Smith, + says:</p> + +<p>"'Did his person bear evidence of murderous assault? No, etc.' + Either the writer of these words has very little regard for + truth, or else he knows very little of the subject he is talking + about. What is he going to do with the evidence of the skillful + physician who attended Mr. Smith, and who upon his first visit + dared not promise that he would ever recover? What is the opinion + of those people who were awakened at dead of night by cries of + murder, and who found Mr. Smith with the marks of the combat + freshly upon him? Why is it that he has not yet fully recovered + from the effects of this assault? And what reason has Fair Play + for doubting the testimony of Mr. Smith himself, even if there + were no other proof? He says, 'One blow from such a weapon as he + exhibits would have crushed his head, as if it were an egg + shell.' Perhaps he has forgotten that circumstances alter + <span class="pagenum"><a id="page068" name="page068"></a>(p. 068)</span> cases, and the position of the victim, the courage of + the assailant, and the direction of the blow might alter this + case very much. It is little wonder that at this point he invokes + the aid of the shades of Ananias and of Munchausen! He next + states that while the public are being prejudiced against the + liquor sellers of this county, 'Kelly is patted on the back, and + called a good fellow.' Would Fair Play wish to be patted in the + same way, being retained in a prison cell, knowing not what + punishment may await him?</p> + +<p>"We would repeat the question asked, 'What were the detectives + seeking?' But we do not conclude, like Fair Play, that it was the + $1000 reward they were working for, as no such reward was ever + offered. The objects for which these detectives were really + seeking were those men whom Kelly had accused, who, according to + Fair Play, 'were attending to their business,' and perhaps they + were, but if so, they must have had much business abroad. He next + enlarges upon the merits of Eastern township hotels, and among + other things says 'A faithful landlord is expected to furnish + guests certain necessities, one of which may be liquor. And + because he does this, should he be reviled, and prosecuted, and + driven out of his business?' How does this compare with his + former statement that he 'offers nothing in defence of + lawbreakers,' and that 'all good men will applaud the vindication + of the majesty of the law?'</p> + +<p class="left60 smcap">"Truth."</p> +</div> + +<p>In <span class="pagenum"><a id="page069" name="page069"></a>(p. 069)</span> the following number of <i>The News</i> appeared this note:</p> + +<p class="quote"> + "We are in receipt of another letter from 'Fair Play,' but as + personalities are indulged in, and as we are averse to entering + upon a prolonged and bitter controversy, we are constrained to + decline the publication of this communication."</p> + +<p>In this we seem to see a hint of that spirit of harshness and +unfairness which so often characterizes the actions of the liquor +party, and which sometimes leads to just such deeds as this brutal +assault, which "Fair Play" would persuade the public had never +occurred.</p> + + + + +<h3>CHAPTER V. <span class="pagenum"><a id="page070" name="page070"></a>(p. 070)</span></h3> + +<h5>THE ACTION OF THE CANADIAN PACIFIC RAILWAY CO.</h5> + + +<p>It has already been stated that Mr. W. W. Smith had been for fifteen +years the agent of the Canadian Pacific Railway Company at Sutton +Junction. During two or three years previous to receiving this +appointment, he had also held other positions in their service. He had +long been a trusted and privileged employee of the Company, to whom he +had apparently given full satisfaction.</p> + +<p>It will be remembered that Walter Kelly, in his evidence at +Sweetsburg, testified that Howarth had told him on his arrival in +Canada that the liquor men had "reported Smith to the Company, and his +discharge had been ordered." Mr. Smith soon had reason to believe, +also, that his temperance work was not pleasing to Assistant +Superintendent Brady, who had charge of that division of the Canadian +Pacific Railway in which Sutton Junction was situated. With this man +Mr. Smith had at one time been quite a favorite, but, after he had +united with the temperance workers, the friendship of Mr. Brady became +less apparent, and after the time of the assault his coolness grew +quite marked, and it soon became evident to <span class="pagenum"><a id="page071" name="page071"></a>(p. 071)</span> Mr. Smith, +although his friends were long loath to believe it, that the Assistant +Superintendent was anxious to get rid of him. The rumor spread abroad, +also, that the liquor men were trying to influence the Canadian +Pacific Railway Company so as to obtain Mr. Smith's dismissal from +their employ, and people of other places became anxious to learn the +truth of the matter, as is shown by the following article from the +Montreal <i>Daily Witness</i>:</p> + +<div class="quote"> +<p>"It being rumored that the liquor men who so cruelly assaulted + Mr. W. W. Smith, President of the Brome County branch of the + Dominion Alliance, and station agent at Sutton Junction, were not + content with their cowardly conduct, but were making strenuous + efforts to get the Canadian Pacific Railway Company to remove Mr. + Smith from his position as station agent, a <i>Witness</i> reporter, + yesterday afternoon, interviewed Mr. Thomas Tait, Assistant + General Manager of the Canadian Pacific Railway, on the subject.</p> + +<p>"'Is it true, Mr. Tait, that the Canadian Pacific Railway Company + have been asked by men interested in the liquor trade to remove + Mr. Smith from Sutton Junction, as they disliked the active + interest he takes in the temperance cause?'</p> + +<p>"'It has been stated to us that Mr. Smith at times, in order to + get convictions against men who broke the liquor laws, used the + information which his position as station agent gave him to + secure convictions. Of course, you understand none of our + employees have <span class="pagenum"><a id="page072" name="page072"></a>(p. 072)</span> the right to use for their private ends + information they get as employees of the road. I mean that if Mr. + Smith prosecuted liquor men in his private capacity he was + perfectly justified in doing so, but if in order to get + convictions he had to use information which he could alone get as + station agent, he has laid himself open to censure. I have no + proof that Mr. Smith has violated the confidence of the Company. + Mr. Brady, of Farnham, has gone to Sutton Junction, and is + investigating the outrage, and he will let me know whether or not + there is any foundation in the charge against Mr. Smith. If Mr. + Smith is in the right you may rest assured the Company will take + care of him.'</p> + +<p>"'Are you trying to find the man who committed the assault?'</p> + +<p>"'Yes, we have taken action in that direction, too.'</p> + +<p>"Another official of the Company said: 'I was in Richford the day + Mr. Smith was assaulted. It was rumored there that the liquor men + were incensed against Mr. Smith, as they believed he found out by + the way-bills when liquor was addressed to any one at the + junction, and used that information to get convictions. I also + heard that it was men from Vermont who assaulted Mr. Smith, and + that they had been sent to do the deed by liquor men in Vermont, + who are enraged at Mr. Smith.'"</p> +</div> + +<p>In this conversation the acknowledgment was plainly made by Mr. Tait +that the liquor men had made complaints to the Company concerning Mr. +Smith, so that, whether <span class="pagenum"><a id="page073" name="page073"></a>(p. 073)</span> their reports had any influence with +the Company or not, the fact remains without contradiction that these +enemies of temperance did make an effort to rob him of the favor of +his employers, and they doubtless intended by this means, to +accomplish just what was finally, by some means, brought about.</p> + +<p>The only accusation which they could make to the Canadian Pacific +Railway seemed to be that Mr. Smith was using information which he had +obtained through his position as agent in order to prosecute them, but +as these hotel keepers were accused and convicted, not of buying +liquor and shipping it into the county, but of selling it to others, +and as Mr. Smith could not possibly have obtained evidence of this in +the capacity of station agent, but only through the testimony of those +who had purchased the liquor or witnessed its sale, it is very hard to +see the reason of these complaints, which were made by the liquor men, +and gravely investigated by the Canadian Pacific Railway Company.</p> + +<p>The only explanation which seems to suggest itself is that these hotel +keepers felt very angry because their trade in the souls of men had +been somewhat interfered with, and not content with the assault which +had been committed, could devise no better way of seeking further +revenge than by thus arousing the displeasure of the Company by which +Mr. Smith was <span class="pagenum"><a id="page074" name="page074"></a>(p. 074)</span> employed. It was no doubt another outcome of +the same spirit which had prompted that assault.</p> + +<p>It is stated in the above report of the interview with Mr. Tait that +the Canadian Pacific Railway had taken action towards discovering Mr. +Smith's assailant, but it seems probable that had this statement not +been made to the reporter the public would have had no means of +knowing that they had made any such attempt, as the results were never +seen.</p> + +<p>Not only the <i>Witness</i>, but the Dominion Alliance as well, became +interested in these rumors concerning the Canadian Pacific Railway and +the liquor men of Brome, and wished to learn for themselves the truth +of the reports. The following is an extract from an account given in +the <i>Daily Witness</i> of an executive meeting of the Quebec Provincial +branch of the Alliance:</p> + +<p class="quote"> + "Mr. S. J. Carter referred to the outrage committed upon the + President of the Brome County Alliance. He had known Mr. Smith + all his life, and spoke very highly of the good work Mr. Smith + had done for temperance in the Eastern townships. He regretted + that there had come rumors from Brome which would indicate that + the liquor men were not satisfied with the assault upon Mr. + Smith, but were endeavoring to secure his dismissal from the + position of the Canadian Pacific Railway at Sutton Junction. He + wanted to know, and every temperance man <span class="pagenum"><a id="page075" name="page075"></a>(p. 075)</span> in Canada + wanted to know, if the Canadian Pacific Railway were going to + dismiss an officer of their Company at the behest of illegal + liquor sellers of a Scott Act county? He, therefore, moved: 'That + we have heard with pleasure through the press, that Mr. Tait, + Assistant General Manager of the Canadian Pacific Railway, has + stated to the press that the Company was doing everything in its + power to discover the guilty parties in the attempted murder of + their agent at Sutton Junction, Mr. W. W. Smith. That recent + reports have come from Brome County to the effect that officials + of the Company are in league with the liquor men, and are + assisting them to prevent, if possible, further annoyance by + bringing pressure upon their agent, and that the Company has made + no practical effort to bring the guilty parties in the recent + assault case to justice. That we hereby instruct our secretary, + Mr. Carson, to ascertain from the officials of the Company if + such reports are true, and make a full report for the next + meeting of this Alliance.' The resolution was adopted."</p> + +<p>Somewhat later the following remarks appeared in the editorial +department of the <i>Witness</i>:</p> + +<p class="quote"> + "The liquor men who tried to murder Mr. Smith, the President of + the Brome County Alliance, by stunning him with a skull-cracker, + and then leaving him on the track, failed in that cowardly and + brutal attempt, but have escaped punishment at the hands of the + authorities, who seem to be, as usual, perfectly helpless + <span class="pagenum"><a id="page076" name="page076"></a>(p. 076)</span> in the matter. These same liquor men, who in Brome + County are all outlaws, have the impudence to use all sorts of + influence with the Canadian Pacific Railway Company to get them + to dismiss Mr. Smith, who is their agent at Sutton Junction. This + is a fine state of things, and the county, which is a prohibition + county, is watching to see what the Company will do. Here is a + chance for capital to tyrannize at the behest of organized + iniquity and lawlessness."</p> + +<p>It often happens that people get very much aroused and alarmed when +there is no real foundation for their fears, but not so in this case. +The following from the <i>Witness</i> of October 8th shows that there was +some cause for excitement in the minds of the temperance people:</p> + +<p class="quote"> + "The sequel to the lead pipe murderous assault upon Mr. W. W. + Smith, President of the Brome County Alliance, occurred on + Saturday last. It has been well known that the liquor men, + baffled in their attempt to murder Mr. Smith, had, however, not + abandoned their plan to ruin him and discourage other temperance + workers in the county. Their scheme was known to the temperance + people, but it was not thought possible that it would succeed. It + was nothing more nor less than the securing of the dismissal of + Mr. Smith from his position as agent of the Canadian Pacific + Railway. It has, however, succeeded. Mr. Smith was notified on + Saturday last of his dismissal from the Company's employ. Some + astonishing revelations may be expected, as the temperance + people <span class="pagenum"><a id="page077" name="page077"></a>(p. 077)</span> are intensely indignant that the Company should + have yielded to the demands of the liquor party and removed from + its service one who has been for years a trusted servant and a + faithful officer."</p> + +<p>It was indeed a great surprise to most of the temperance community +when the news of this dismissal went abroad. They had not been ready +to believe that in these days of temperance agitation, in these last +years of the nineteenth century, a great and powerful corporation like +the Canadian Pacific Railway Company, knowing for a fact that +nine-tenths of all the terrible accidents that occur on railroads +causing loss of life and property are the outcome of intemperance, +would become the instrument in the hands of illegal liquor sellers to +carry out their will.</p> + +<p>The correspondence which had passed between Mr. Smith and Assistant +Superintendent Brady was preserved and placed in the hands of the +Alliance, who requested and obtained its publication in the <i>Witness</i>.</p> + +<p>It was also afterwards published in <i>The Templar</i> and in several other +papers. It describes many of the events which led to Mr. Smith's +dismissal, and seems to show plainly the real cause of that dismissal +in spite of all later contradictions. The first communication which +the accused agent received from the Assistant Superintendent +concerning his temperance work was as follows:</p> + +<div class="quote"> +<p>"W. <span class="pagenum"><a id="page078" name="page078"></a>(p. 078)</span> W. Smith, Agent, Sutton Junction.</p> + +<p>"<span class="smcap">Dear Sir</span>,—I enclose you herewith two letters, one from B. L. + Wilson, of Glen Sutton, and one from Nutter & French, of + Sherbrooke, both making complaints that you are taking advantage + of your position as agent of this Company in getting together + testimony to convict hotel keepers and others of selling liquor. + It does not seem possible to me that these statements can be + true, but the charges are made not only by the parties, writing + these letters, but by several other parties in Brome County, and + who claim that they are in a position to substantiate them. I + desire to know from you whether you have used your position to + get evidence as stated above, or whether you have used your + evidence which you may have come possessed of through being an + agent of this Company for the purpose of convicting liquor + sellers. Your immediate reply with the return of the enclosed + papers is requested.</p> + +<p><span class="add2em">"Yours truly,</span> <span class="add2em smcap">F. P. Brady</span>, Asst. Supt.<br> +"<i>Farnham, June 11th, 1894.</i>"</p> +</div> + +<p>Below are the letters enclosed in this communication from Mr. Brady, +and containing the complaints, or a part of them, which had been +received by him concerning the Sutton Junction agent. The first was +written by a wholesale liquor firm in Sherbrooke, P. Q., the second by +a brother of James Wilson who, Kelly <span class="pagenum"><a id="page079" name="page079"></a>(p. 079)</span> said, drove the team +for him on the night of the assault at Sutton Junction.</p> + +<hr class="small"> + +<div class="quote"> +<p>"F. P. Brady, West Farnham.</p> + +<p>"<span class="smcap">Dear Sir</span>,—We are having goods shipped by us to Sutton returned + to us with the information that your agent at Sutton Junction + watches all liquor shipments that go there, and then gives the + information to temperance parties, who make complaints, and get + the hotel men fined. We are in receipt of two letters to that + effect this morning. We think you should take some action in the + matter, as it will effectually stop all shipments to that county + if it continues.</p> + +<p><span class="add2em">"Yours truly,</span> <span class="add2em smcap">Nutter & French</span>.<br> +"<i>Sherbrooke, June 6th, 1894.</i>"</p> +</div> + +<hr class="small"> + +<div class="quote"> +<p>"Nutter & French.</p> + +<p>"<span class="smcap">Dear Gentlemen</span>,—I can't buy no more goods from you at + Sherbrooke, for the agent at Sutton Junction, name W. W. Smith, + is pawing over all goods and reporting, and he has been having + men to inform of all the hotels in the county. Unless he is out + of that job you won't do more business in Brome County. +<span class="add2em">Yours,</span> <span class="add2em smcap">B. L. Wilson</span>.</p> +<p>"<i>Glen Sutton, June 7th, 1894.</i>"</p> +</div> + + +<p>To <span class="pagenum"><a id="page080" name="page080"></a>(p. 080)</span> these accusations, Mr. Smith made the following reply:</p> + +<div class="quote"> +<p>"F. P. Brady, Esq., Asst. Supt., Farnham.</p> + +<p>"<span class="smcap">Dear Sir</span>,—Referring to enclosed, I deny charge made against me, + fairly and squarely, and, further than that, I have looked back + nearly two years and find no shipments of liquor for these + parties in my transfer books. I have never used my position in + any way as an agent for this Company to convict liquor sellers, + and no man can substantiate such a statement.</p> + +<p>"As a member of the Brome County Alliance, I have worked as a + private citizen with other members of the Alliance, and the + complaints sent to Mr. Jewell, East Farnham, as evidence against + the hotel keepers in this county have come from the leading men. + I shall use no evidence which I become in possession of as an + agent of this Company for the purpose of convicting liquor + sellers.</p> + +<p><span class="add2em">"Yours truly,</span> <span class="add2em smcap">W. W. Smith</span>.<br> +"<i>Sutton Junction, June 13th, 1894.</i>"</p> +</div> + +<hr class="small"> + +<p>This is certainly a very emphatic denial of the charges made against +him, and, coming from a trusted employee of fifteen years, it would +seem that it should have been quite satisfactory. However, Mr. Brady +appeared <span class="pagenum"><a id="page081" name="page081"></a>(p. 081)</span> to give more credence to the testimony of the +liquor men than to that of Mr. Smith, and to allow himself to be +influenced by later complaints which were made by them.</p> + +<p>Some time after the above letters were written, Mr. Smith made +application to the Assistant Superintendent at Farnham for leave of +absence to attend a National Prohibition Convention, to be held at +Montreal on July 3d and 4th. He received the following reply, which +shows how unwilling Mr. Brady was to do anything which might tend to +encourage Mr. Smith in his temperance work:</p> + +<div class="quote"> +<p>"W. W. Smith, Esq., Agent.</p> + +<p>"<span class="smcap">Dear Sir</span>,—As per my wire of this date, I cannot arrange to let + you off on July 3d and 4th; I have no spare man at liberty. The + assistant at Sutton should have all he can properly attend to + during the night to necessitate his sleeping during the daytime.</p> + +<p><span class="add2em">"Yours, etc.,</span><br> + <span class="left60 smcap">"F. P. Brady</span>, Asst. Supt.<br> + "<i>Farnham, July 2d, 1894.</i>"</p> +</div> + +<hr class="small"> + +<p>The next letter from Mr. Brady, written the day after the assault, and +while Mr. Smith was confined in bed on account of the bruises he had +received, was as follows:</p> + +<div class="quote"> +<p>"W. <span class="pagenum"><a id="page082" name="page082"></a>(p. 082)</span> W. Smith, Esq., Agent, Sutton Junction.</p> + +<p>"<span class="smcap">Dear Sir</span>,—Within the past four or five weeks the heads of + different departments, as well as Mr. Leonard, the General + Superintendent, and myself, have received numerous complaints + from shippers and the public generally with reference to your + actions with the late prosecution of liquor sellers in Brome + County. The basis of these complaints is made that you have used + your position as agent for this Company to procure evidence with + which to prosecute liquor sellers. I have replied to some of + these people that so far as I can ascertain you have not used + your position as agent to procure such evidence; but I must + inform you that the same rule with reference to temperance + agitation that governs employees of this Company with reference + to politics must be lived up to, i. e., you must devote your + whole and entire time to the Railway Company if you desire to + hold your position. You must do nothing whatever to antagonize + the interests of the Company, or to create feeling between the + Company and its patrons. You will understand by this that you + must cease temperance lecturing or taking an active part in + temperance gatherings or agitation.</p> + +<p>"I make this letter personal as I consider that the contents of + it will remain strictly between ourselves.</p> + +<p><span class="add2em">"Yours truly,</span><br> +<span class="left60 smcap">"F. P. Brady.</span><br> +"<i>Farnham, July 9th, 1894.</i>"</p> +</div> + +<p>This <span class="pagenum"><a id="page083" name="page083"></a>(p. 083)</span> letter is very emphatic, and if the spirit of it were +carried out in every case as faithfully as Mr. Brady endeavored to +carry it out in this case, the employees of the road would be a band +of slaves, and the Canadian Pacific Railway a sort of Canadian Siberia +with all its positions shunned by every self-respecting laborer. It is +well, indeed, for the Canadian Pacific Railway that all its officers +do not carry out these tyrannical rules with such precision as this, +yet it is plainly inferred by Mr. Brady's words that such rules had +been previously applied in the matter of politics.</p> + +<p>If so, the Canadian public need to stop and realize what a moderate +autocrat they are supporting in their midst in a land of responsible +rule.</p> + +<p>Mr. Brady says: "You must do nothing whatever to antagonize the +interests of the Company, or to create feeling between the Company and +its patrons." This seems to be a very strange sentence in two +respects. First, how can temperance work "antagonize the interests of +the Company?" A railroad is always supported by a community, and must +depend entirely upon that community for its success, its wealth and +its very existence. The more wealthy and prosperous a people become, +the more will they patronize a railroad and contribute to its +maintenance and growth. <span class="pagenum"><a id="page084" name="page084"></a>(p. 084)</span> The community, moreover, is made up +of individuals, and its prosperity must depend upon the health, +enterprise, ability, success and moral character of the people who +compose it. Does not temperance tend to build up the virtues and +prosperity of individuals, and thus to increase the general prosperity +of the country and add to the success of all useful public +institutions?</p> + +<p>Second, how can temperance work "create feeling between the Company +and its patrons?" Surely not all the patrons of the Canadian Pacific +Railway are wholesale and illicit liquor sellers? Mr. Brady seems to +entirely ignore the great company of law-abiding temperance people who +would respect the Company far more if its employees were active +temperance men, and with whom Mr. Brady himself, rather than Mr. +Smith, created intense feeling.</p> + +<p>It was stated in a former chapter that Mr. Smith accompanied Detective +Carpenter to Marlboro, Mass., when he went in search of Kelly. Mr. +Carpenter "on his own responsibility," went to Mr. Brady, to ask +permission for him to do so, and the following leave of absence was +sent to Mr. Smith:</p> + +<div class="quote"> +<p>"W. W. Smith, Esq., Sutton Junction.</p> + +<p>"<span class="smcap">Dear Sir</span>,—You may go on No. 11, Conductor will have pass for + you.</p> + +<p>"Sinclair <span class="pagenum"><a id="page085" name="page085"></a>(p. 085)</span> will be at Sutton Junction on No. 15 to-night + to take charge during your absence. O'Regan must look after the + business this <span class="smcap">P. M.</span></p> + +<p><span class="left60 smcap">"F. P. Brady.</span><br> +"<i>Farnham, Aug. 20th, 1894.</i>"</p> +</div> + +<p>As this leave of absence was indefinite as to time, and Mr. Smith was +engaged with the assault case for several days after his return from +Marlboro, the court having opened on Sept. 1st, he had not yet resumed +work at Sutton Junction, when on the evening of September 3d he +addressed a temperance meeting at Richford, Vermont. The next day Mr. +Brady, who seemed to keep remarkably well informed as to the +whereabouts of his agent when off duty, wrote Mr. Smith as follows, +labelling this letter like the previous one, "personal:"</p> + +<div class="quote"> +<p>"W. W. Smith, Esq., Agent, Sutton Junction.</p> + +<p>"<span class="smcap">Dear Sir</span>,—I wrote you on July 9th with reference to what you + must do if you remained in the employ of this Company. I am aware + that last night you delivered a temperance lecture at Richford; + this leads me to think that you propose to ignore entirely the + wishes of this Company, and do as you see fit. If such is the + case you will oblige me by sending me your resignation by the + first train, and vacating the Company's premises at Sutton + Junction at the <span class="pagenum"><a id="page086" name="page086"></a>(p. 086)</span> earliest possible moment so that they + can be occupied by the new agent.</p> + +<p><span class="add2em">"Yours truly,</span><br> +<span class="left60 smcap">"F. P. Brady</span>, Asst. Supt.<br> +<i>Farnham, Sept. 4th, 1894.</i>"</p> +</div> + +<hr class="small"> + +<p>Strange, indeed, that the Assistant Superintendent should have +supposed that an affair like this could always remain personal, and +never be subjected to the public gaze! Did he not know there was a +temperance community in Canada who would, at least, enquire into the +case of a persecuted brother? It is strange, also, that while other +roads at the present time are finding it very much to their advantage +to employ temperance men to the exclusion of others; while serious +accidents are frequently taking place on the different roads in which +scores of human beings perish through the recklessness of some +employee whose intellect is clouded by the action of strong drink; and +while some new roads in the beginning of their existence are adopting +very strict temperance rules; when even the Canadian Pacific Railway +has been obliged to dismiss or suspend some of its men for excessive +drinking; it is very <span class="pagenum"><a id="page087" name="page087"></a>(p. 087)</span> strange in view of all these facts that +an official of this great road should ask a station agent, because he +delivers a temperance lecture off duty, to "vacate the Company's +premises, so that they can be occupied by the new agent."</p> + +<p>An example of what intemperance among railway employees often means +may be found in the Craigs' Road disaster, which occurred on the Grand +Trunk in July, 1895. In this accident, thirteen persons were killed, +and thirty-four others, some of whom died soon after, were wounded. At +the inquest a Victoriaville hotel keeper testified that the engineer +of the wrecked train had purchased from him a quart of ale on the +night before the fearful disaster, which hurried so many into +eternity.</p> + +<p>There were some well-meaning people who are counted in the temperance +ranks who advised Mr. Smith to submit to Mr. Brady, and take no more +active part in temperance work rather than risk the loss of his +agency. This advice was no doubt meant as a kindness, although it did +not partake of the martyr's spirit, but Mr. Smith did not see fit to +follow it, choosing rather to yield his position than his principles. +However, he did not send a resignation, but a few days later wrote Mr. +Brady the following letter:</p> + +<div class="quote"> +<p>"F. <span class="pagenum"><a id="page088" name="page088"></a>(p. 088)</span> P. Brady, Esq., Asst. Supt., Farnham.</p> + +<p>"<span class="smcap">Dear Sir</span>,—On account of circumstances which I could not in any + way control, I have been obliged to delay answering your letter + of the 9th of July last. I regret very much to notice that you + have had occasion to refer again to complaints made against me, + which you say are numerous, and not only from shippers, but from + the public generally. In a former letter to you I denied any just + cause for complaint.</p> + +<p>I have now been fifteen years or more in the service of the + Company, and during that time I have endeavored to render, I + trust, a faithful service. I have also received another letter + from you, dated September 4th, asking me to send you my + resignation by the first train, and ordering me to vacate the + Company's premises at the earliest possible moment, so that they + can be occupied by the new agent. I wish you would explain why + you order me to resign, because I delivered a temperance lecture + at Richford, as I have a leave of absence from the Company for + the present, and supposed I had a right to lecture off duty on + any occasion, time or place. You perhaps cannot realize how much + I value my honor and reputation, as it is about the only thing + that I have in the world to protect, and I must ask you to supply + me with the names of those making complaints against me and the + nature of their complaints, and as you also state the public + generally have made complaints, I trust there should be no + hesitancy on the part of the Company to supply me with the + information asked <span class="pagenum"><a id="page089" name="page089"></a>(p. 089)</span> for, as you can readily see it is + beyond the realm of privacy. Please reply.</p> + +<p><span class="left60 smcap">"W. W. Smith.</span><br> +"<i>Sutton Junction, Sept. 7th, 1894.</i>"</p> +</div> + +<p>This was Mr. Brady's reply:</p> + +<div class="quote"> +<p>"W. W. Smith, Esq., Sutton Junction, Que.</p> + +<p>"<span class="smcap">Dear Sir</span>,—I have your letter of the 6th inst.; my letter of + July 9th to you was perfectly plain. It told you that you must + either quit temperance work or quit the Company. It makes no + difference whether you are on duty or off duty so far as this + Company is concerned. They demand the whole and entire time of + their men, and they are going to have it. So far as the leave of + absence you speak of is concerned, I am not aware that you had + any. Mr. Carpenter came to me, he said, at your request, to get + permission for you to be absent three or four days to go down + into New England, and I gave such permission, since which time I + have heard nothing from you, except that you are disobeying my + orders and the wishes of the Company. I was in hopes you would + relieve the strain by gracefully tendering your resignation. + Unless you see fit to do that I shall have to take other steps.</p> + +<p><span class="add2em">"Yours truly,</span> <span class="add2em smcap">F. P. Brady</span>, Asst. Supt.<br> +"<i>Farnham, Sept. 7th, 1894.</i>" Dictated.</p> +</div> + +<p>It <span class="pagenum"><a id="page090" name="page090"></a>(p. 090)</span> appears from this letter that Mr. Brady wished his agent +to resume work immediately on his return with Mr. Carpenter and Kelly +from "New England," and did not expect him to help in the search for +other guilty parties in the assault case, or even to appear as a +witness in court.</p> + +<p>How does this compare with the statement which had been made by Mr. +Tait that the Company had taken steps towards discovering the man who +committed the assault?</p> + +<p>After reading these letters from the Assistant Superintendent, it is +very difficult for some of the temperance people to believe that Mr. +Smith was dismissed for any reason other than that so plainly +indicated in Mr. Brady's own words.</p> + +<p>Mr. Smith's next letter to Mr. Brady was as follows:</p> + +<div class="quote"> +<p>"F. P. Brady, Esq.</p> + +<p>"<span class="smcap">Dear Sir</span>,—Your letter of the 7th inst. to hand in reply to mine + of that date, which does not cover the information asked for. + Now, I would like to know upon what grounds you demand my + resignation, viz.: because I addressed an audience in the United + States or because complaints have been made against me as you say + in your letters of June 11th and July 9th, as I wish to be in a + position to answer to any charges made against me. I am very + sorry you take the stand against me you do in regard to my + temperance principles. <span class="pagenum"><a id="page091" name="page091"></a>(p. 091)</span> I understand perfectly well that + I am no longer pleasant to your taste; but I expect fair + treatment from the Company, and ask for nothing more. As far as + my leave of absence is concerned, I have a telegram from you that + I can be absent and Mr. Sinclair will take my place until I + resume work again. No time is specified. Since I returned home, I + have been busy looking up evidence against the parties who were + instrumental in my assault on July 8th last. I intend to resume + work again as soon as possible, I think about a week from Monday + next, September 24th, unless advised by you that my services are + no longer required.</p> + +<p><span class="add2em">"Yours truly,</span> <span class="add2em smcap">W. W. Smith</span>, Agent.<br> +"<i>Sutton Junction, Sept. 11th, 1894.</i>"</p> +</div> + +<hr class="small"> + +<p>As no reply came Mr. Smith wrote again:</p> + +<div class="quote"> +<p>"F. P. Brady, Esq., Asst. Supt., Farnham.</p> + +<p>"<span class="smcap">Dear Sir</span>,—Will you please reply to my letter of the 11th inst. + in regard to resuming work Monday next, September 24th. I am + waiting anxiously to hear from you.</p> + +<p><span class="add2em">"Yours truly,</span> <span class="add2em smcap">W. W. Smith</span>.<br> +"<i>Sutton Junction, Sept. 19th, 1894.</i>"</p> +</div> + +<p>Still there was no answer, and on Monday morning Mr. Smith telegraphed +as follows:</p> + +<div class="quote"> +<p>"F. <span class="pagenum"><a id="page092" name="page092"></a>(p. 092)</span> P. Brady, Esq., Farnham.</p> + +<p>"I am ready to resume work this morning. Please reply.</p> + +<p><span class="left60 smcap">W. W. Smith.</span><br> +"<i>Sutton Junction, Sept. 24th, 1894.</i>"</p> +</div> + +<p>To this came the following reply:</p> + +<div class="quote"> +<p>"W. W. Smith, Sutton Junction.</p> + +<p>"Nothing for you to do this morning. Will advise you when your + services are required.</p> + +<p><span class="left60 smcap">"F. P. Brady.</span><br> +"<i>Farnham, Sept. 24th, 1894.</i>"</p> +</div> + +<p>This was followed on October 6th by an official announcement from Mr. +Brady telling Mr. Smith that his services were no longer required by +the Company. And in all this correspondence there is not a hint of +unfaithfulness on the part of Mr. Smith to any order of his employers +save the one to "quit temperance work." When the above correspondence +appeared in the Montreal <i>Daily Witness</i> it was accompanied by the +following remarks in the editorial department:</p> + +<p class="quote"> + "We are requested by the Brome County Alliance to publish the + correspondence which preceded the dismissal of the President, Mr. + W. W. Smith, from his position as station agent of the Canadian + Pacific Railway at Sutton Junction. We have already pointed + <span class="pagenum"><a id="page093" name="page093"></a>(p. 093)</span> out the extraordinary assumption of wage slavery, which + is implied in this dismissal as accounted for by the official who + did it. The claim made by Mr. Smith's employing officer, and + practically indorsed by the Company in concurring in this + dismissal, is that the Company owns its employees, soul and body, + and that they can only fulfill their rights of citizenship at its + pleasure. It is not to be supposed that this power asserted over + the lives of its employees is going to be insisted on by the + Company as against every thing they do, and that every man who + takes part in a baseball match or a mock parliament will be + dismissed. It is not to be supposed that the man who busies + himself even in politics will be dismissed if he takes care that + he does not do so on a side distasteful to the Company. The + particular thing which is a capital offence with the Company, + according to this correspondence, is to busy one's self with the + enforcement of the laws of the land or advocate temperance in + public. If temperance advocacy is going to be boycotted by the + Canadian Pacific Railway in the interests of the illegal and + murderous liquor business, there are ten thousand good customers + of the road who will want to know the reason why. This should + indeed be asked for in parliament."</p> + + + + + +<h3>CHAPTER VI. <span class="pagenum"><a id="page094" name="page094"></a>(p. 094)</span></h3> + +<h5>MORE BITS OF PUBLIC OPINION.</h5> + + +<p>The action of the Canadian Pacific Railway, in thus dismissing their +agent at Sutton Junction, apparently for no other cause than the +vigorous opposition which he offered to the work of the liquor party +in his own vicinity, like the assault case previously, elicited much +criticism from the public.</p> + +<p>We purpose in this chapter reproducing some of the many opinions +regarding the dismissal which appeared in the columns of the public +press.</p> + +<p>It has been said that "the greatest power under heaven is public +opinion," and it may be profitable for us sometimes to study such an +important power, and especially to consider the opinions of people who +uphold peace, temperance and religion. The following is the view of +<i>The Templar</i> of Hamilton, as quoted in the Montreal <i>Daily Witness</i>:</p> + +<div class="quote"> +<p>"The announcement that the Canadian Pacific Railway has rallied + to the aid of the lawless and murderous <span class="pagenum"><a id="page095" name="page095"></a>(p. 095)</span> liquor gang in + Brome County, Quebec, is sufficiently suggestive and startling to + demand attention. Its dismissal of Mr. W. W. Smith, C. P. R. + agent at Sutton Junction, and President of the Brome County + branch of the Dominion Alliance, because of his activity in the + discharge of his duties in the latter office, is one of the most + foolish and anti-Canadian acts of that great corporation.</p> + +<p>"Mr. Smith, it will be remembered, incurred the hostility of the + illegal liquor venders in his locality, and, as the recent legal + investigation shows, a conspiracy was formed, and a bartender + hired to 'remove' him. One night, while in the performance of his + duties at the Sutton Junction station, he was murderously + assailed, and barely escaped with his life. Detectives were + employed, the assassin was arrested, and has confessed that he + was paid by local men, interested in the liquor traffic, for his + work. He and two others, including a hotel keeper, are now in + jail awaiting trial, bail having been refused.</p> + +<p>"Since the committal of the prisoners, Mr. Smith was dismissed by + the C. P. R. Upon September 7th, he received a letter from the + Assistant Superintendent in which occurred these words: 'You must + either quit temperance work or quit the Company. It makes no + difference whether you are on duty or off duty, so far as this + Company is concerned. They demand the whole and entire time of + their men, and they are going to have it.' .............. This + subject is broader than Mr. Smith or any individual. It is the + question of the right of the citizen to <span class="pagenum"><a id="page096" name="page096"></a>(p. 096)</span> enjoy and + exercise the rights of a citizen while employed by such a + corporation as the Canadian Pacific Railway. It is the old + problem of slave or freeman. The Railway is undoubtedly entitled + to the best service of its employees, while on duty; but, after + hours, the citizens should be free to engage in those pleasures + and pursuits which do not conflict with the welfare of society + and the State, Mr. Smith should be free to participate in the + agitation to drive the criminal liquor traffic out of the country + without being called upon to suffer the loss of income. The man + who braved the liquor party, and nearly sealed his devotion to + the temperance reform with his life blood, was not the man to + abandon his convictions at the command of a railway manager.</p> + +<p>"The course of the C. P. R., in dismissing Mr. Smith, has been + warmly endorsed by the cowardly and murderous liquor gang in + Brome, and is so open to the suspicion of being an attempt to + coerce the conscience and abridge the liberties of the citizens + to serve the liquor interests as to make it imperative that some + member of the Commons, which has so largely subsidized that road, + demand in the approaching session a public investigation. A whole + army of men are in the service of the Canadian Pacific Railway + Company, scattered from the Atlantic to the Pacific, and the + nation cannot afford to allow the despotic authority claimed by + the Company over these men. If it can demand the entire time of + their men on or off duty, may it not next demand the service of + the men at the ballot box? An issue has been raised <span class="pagenum"><a id="page097" name="page097"></a>(p. 097)</span> by + this incident which demands the vigorous protest of the press of + the country."</p> +</div> + +<p>The opinion of the <i>Witness</i> itself may be learned from the following +article in the <i>Daily Witness</i> of November 24th, 1894:</p> + +<div class="quote"> +<p>"We have received a number of letters from persons who have + determined to give the preference of their railway patronage + against the Canadian Pacific Railway, as a testimony against the + attitude of that Company towards the temperance reform, as + manifested in the dismissal of Mr. W. W. Smith from his position + as station agent at Sutton Junction, for his active advocacy of + temperance and enforcement of prohibitory law. Is it right for us + to publish these letters, which are evidently only the beginning + of what is yet to come, for the feeling throughout the country is + very bitter in many quarters where this challenge to the + advocates of law and order has become known? The question amounts + to this: Is it right for persons who condemn the course of the + Company to punish it in this way, and is it right for them to + make a public question of it by publishing their action? The + reason given for the dismissal of Mr. Smith, as shown by the + correspondence which was recently made public in these columns, + was that he was making things uncomfortable for certain customers + of the Company who were importing liquor into Brome County. As + Brome is a prohibition county, <span class="pagenum"><a id="page098" name="page098"></a>(p. 098)</span> those who import liquor + for sale within its bounds are outlaws. In Mr. Smith's painful + experience they are also assassins. As a matter of fact, + according to Mr. Smith's statement, no shipments of liquor passed + through his station, and he did not use his position as agent of + the Company to bring the lawbreakers to justice. Why both the + Company and its agents should not be ranged on the side of the + law of the land, and why the Company should so protect its share + in an unlawful business against any promoter of law and order, + are questions not raised. Commercial corporations do not pretend + to have souls or conscience. Nobody expects them to have any, and + consequently no one is angry when they show that they have not. + Quite apart from all questions of morals, the money interests of + the Company are those of the country, and the liquor business + does not promote the business of the country. Moreover, it is in + the interest of the railway, and eminently so of its customers, + to have railway servants protected from drink, and the + enforcement of the laws against liquor is the most direct way to + protect them from drink. This is all by the way, however; + Companies are not abstract reasoners.</p> + +<p>"But there is that in this action of the Canadian Pacific Railway + Company which the public are inclined to resent even at the hands + of a Company. In the first place the Company declares that it so + values the custom of the liquor men of Brome, that it can afford + for their sake to boycott the advocates of temperance and the + enforcers of law. A station agent, <span class="pagenum"><a id="page099" name="page099"></a>(p. 099)</span> or even a superior + officer, might be long and notoriously a victim of these same + liquor men, and still remain an officer of the Company, but if he + becomes their active enemy, and the active friend of mankind, he + is dismissed. This is and it is evidently accepted as being a + challenge to all friends of law and order, who are in a position + to make the Company suffer in its sensitive pockets, to show + whether the custom of the friends of law cannot be made as + powerful an engine for the defence of right as that of the + enemies of law and order is for the defence of crime. This is + what temperance men throughout the country seem to be turning + over in their minds just now, and are likely to go on doing so, + so long as the position taken by Mr. Brady towards Mr. Smith + remains the approved action of the Company, and so long as one + holding the intolerable views of Mr. Brady remains its approved + agent.</p> + +<p>"There is another aspect of the Company's action through Mr. + Brady which is rankling in the minds of the wage-earning + population. Mr. Brady told Mr. Smith that the Company wanted all + his time, and was going to have it, and that whether on duty or + off it would not allow him to give temperance lectures. It is not + sufficient to answer that this is not the position of the + Company; that its employees, as a rule, are allowed to go to what + church they think best, to take part in Christian Endeavor, or + football, or whatever they may prefer as the occupation of their + leisure. The fact remains that the Company has, through Mr. + Brady, announced its right to check a man, <span class="pagenum"><a id="page100" name="page100"></a>(p. 100)</span> if it + chooses, in the exercise of his ordinary rights and duties as a + citizen and as a Christian, and has, by sanctioning Mr. Smith's + dismissal for temperance lecturing, formally approved Mr. Brady's + attitude. The Company may summon to its defence any other reasons + for Mr. Smith's dismissal that it chooses. It cannot alter the + fact that the reason given in Mr. Brady's letters is the one + which was given to him, and which was the real cause of his act. + This claim of a soulless Company to own its employees, body and + soul, is one of the most daring and intolerable enunciations of + what is in the language of our day termed wage slavery that we + have seen, and one for which the great public will probably call + it to account. The Canadian Pacific Railway is a national + institution, constructed at the public expense, and a ruling + influence in the land, and its attitude towards the liquor + question and the rights of employees is a matter of national + interest, open to free discussion in the newspapers and in the + parliament, and if there are citizens who, for the purpose of + making it feel in its only sensitive spot how it has outraged + public sentiment and done a public wrong, are willing to sink + their private advantage and convenience in the public good, by + going out of their way to patronize another road, we think it is + nothing but right that the railway should be plainly seized of + all the facts."</p> +</div> + +<p>The comments of another Canadian paper, the Toronto Star, are thus +quoted in <i>The Templar</i>:</p> + +<div class="quote"> +<p>"It <span class="pagenum"><a id="page101" name="page101"></a>(p. 101)</span> is a most regrettable condition of affairs when a + corporation like the Canadian Pacific will dismiss an employee + because he is active in the cause of prohibition, yet that is the + case of a Mr. Smith, who lost his position as agent at Sutton + Junction, Quebec, because the liquor dealers whom he opposed had + sufficient influence to secure his dismissal.</p> + +<p>"No charge of neglect of duty could be made against Mr. Smith, + and the only justification the Company offered was the plea that + the agent should give his whole time to the Company, and do + nothing to antagonize the interests of the Company. There is in + this no claim that Mr. Smith had ever neglected his duty, and the + whole thing narrows down to the fact that he had incurred the + enmity of the liquor dealers, who induced the Company to dismiss + him. This action of the Company may please the men who hired a + thug to assault Mr. Smith, and nearly batter his life out, but it + is a poor way to make friends of peaceful citizens. It speaks + poorly for personal liberty when a man is dismissed from a + railway because he opposes the liquor traffic,—a traffic which + the Company itself acknowledges to be wrong when it requires its + employees not to touch liquor while on duty."</p> +</div> + +<p>In <i>The Templar</i> of November 23d appeared these remarks with reference +to one paper which upheld the C. P. R.:</p> + +<div class="quote"> +<p>"The <span class="pagenum"><a id="page102" name="page102"></a>(p. 102)</span> dismissal of Mr. W. W. Smith from the services of + the C. P. R., because he was obnoxious to illicit whiskey sellers + in Brome County, has evoked strong expression of disapproval from + not a few of the papers of the Dominion.</p> + +<p>"Others have preserved a silence, or feebly and unfairly stated + the case, not daring to rebuke the C. P. R. So far as we know, + the Hamilton <i>Spectator</i> alone has had the courage to defend the + gross injustice done a fellow-citizen, and its defence is + peculiar.</p> + +<p>"Would <i>The Spectator</i> permit us to clear the issue? <i>The + Templar</i>, in giving the C. P. R.-Smith correspondence to the + public, pointed out the danger to the country involved in + suffering the C. P. R. contention to prevail. If that corporation + can justly dismiss a man because he employs a portion of his time + off duty to demand respect for the law of the land, on the ground + that he is antagonizing the interests of the Company, may it not + logically demand, under pain of dismissal, that he shall vote as + the Company judges to be in its interests? What right has the + citizen that the Canadian Pacific Railway may not require him to + give up to serve its ends? Is <i>The Spectator</i> prepared to defend + such tyranny, and, yes, we will say it—treason to the State?"</p> +</div> + +<p>Not only the journals of the Canadian Interior, but those of the +Maritime Provinces as well, showed their interest in this affair, +which had so aroused the temperance people of Quebec and Ontario. The +following, published <span class="pagenum"><a id="page103" name="page103"></a>(p. 103)</span> in <i>The Templar</i>, is taken from <i>The +Intelligencer</i>, Fredericton, New Brunswick:</p> + +<div class="quote"> +<p>"We have set out the facts of the case at some length, because it + involves much more than the position and prospects of the + dismissed official. His case is certainly a hard one. It is not + denied that for fifteen years he served the Railway Company + faithfully. No charge of neglect of duty is made against him. + Even the charge of the rumsellers, that he used information + obtained as the Company's officer to aid in their prosecution, is + not proven. He denies it, and the Assistant Superintendent admits + that he has failed to find proof of it.</p> + +<p>"But in spite of this, the Company, yielding to the clamorings of + the rum gang, dismiss an officer against whom it has not been + possible to make any charge of neglect, and not even to + substantiate the complaints of those who were bent upon his + dismissal. Mr. Smith's offense was that he was too good a citizen + to suit the views of the outlaws who are engaged in the illicit + rum-traffic. They sought to take his life, hiring one of their + own brutal gang to commit the murder. The attempt was made, but + failing to kill him, they renewed their efforts to have him + dismissed. And in this they were more successful. It is scarcely + possible that the outlawed rumsellers of Brome County had + sufficient influence alone, to accomplish Mr. Smith's discharge. + They were probably backed by the traffic in Montreal and + elsewhere. And this goes to show that the traffic is one; + <span class="pagenum"><a id="page104" name="page104"></a>(p. 104)</span> that distillers, brewers, wholesalers and saloon and + hotel keepers are united; that licensed and illicit sellers make + common cause, and that they use their awful power not only to + defy all laws and regulations which hamper them, but are ready to + rob of their means of livelihood, and their good name, and even + to murder such men as they think stand in their way. These are + things which might be expected of the traffic. But it is quite + amazing that a great corporation like the C. P. R. should become + its ally. Most employers would stand by an employee who had + suffered at the hands of murderous ruffians, because of his + sympathy with law enforcement, and the promotion of the moral + welfare of his community. But the Assistant Superintendent of the + C. P. R., under whom Mr. Smith worked, was not moved by such + consideration, a mere sentimental consideration he would probably + call it. He preferred to coöperate with the rum traffic—to + become its tool.</p> + +<p>"We find it difficult to believe that the General Manager or the + Directors can approve the dismissal of an employee for the reason + stated in this case. If they do, then men interested in + temperance reform can no longer have a place in the employ of the + Company. And further, the Company declares its willingness to be + known not only as the ally of the legalized rum traffic, but as + the friend and helper of the outlaws and would-be murderers of + the traffic.</p> + +<p>"This case should not be allowed to fade out of the memory of the + people. It asserts the right of <span class="pagenum"><a id="page105" name="page105"></a>(p. 105)</span> an employer, not only + to the time of the employee, but to his conscience, his sense of + the duties of good citizenship, and his self-respect. If + permitted, unrebuked and uncorrected, it helps to establish the + right of capital to do any unjust and tyrannical thing, either of + its own will or at the dictation of the conscienceless rum + traffic, or of other organized evil.</p> + +<p>"There ought, certainly, be some way of getting redress for what + on the face of it appears to be an act of cruel injustice, done + at the behest of the rum traffic, legal and illicit.</p> + +<p>"Not those alone who are interested in temperance, but every man + who believes that men are other than serfs, and who would have + established beyond question the right of a man to have his own + conscience in matters which relate to himself and the community, + should be concerned to make impossible such tyrannical exercise + of power."</p> +</div> + +<p>Not only the Canadian, but some of the American papers also, took up +the cry of tyranny, as is shown by the following, which was published +in the <i>Presbyterian Observer</i>, Philadelphia, and repeated in the +Montreal <i>Witness</i>:</p> + +<div class="quote"> +<p>"A Canadian Railway Company has been guilty of a piece of mean + persecution against one of its agents on account of his + temperance activity. The station master at Sutton Junction, of + the Canadian Pacific <span class="pagenum"><a id="page106" name="page106"></a>(p. 106)</span> Railway, in the Province of + Quebec, was recently notified that he 'must quit temperance work, + or quit the Company.' The letter further states the ground upon + which this action is based. 'It makes no difference whether you + are on duty or off duty, so far as this Company is concerned. + They demand the whole and entire time of their men, and they are + going to have it.' Short, sharp, peremptory this, but is also a + high-handed proceeding—an infringement upon personal rights. It + does not appear that this man had been derelict in duty to his + employers, or that he took the time that belonged to them in + promoting the cause of temperance. His only offence was that, + while conscientious in daily work, he thought of others, and + labored for their welfare in his spare moments. For that he + incurred official reprobation, and was given the choice of + quitting temperance work or the Company.</p> + +<p>"The railway magnates claimed entire control over all his time, + whether on duty or off duty, demanding in their tautological + language, 'The whole and entire time' of their men, and bluffly + adding that 'they are going to have it.' They would leave no room + for doubt, parley or protest. Accordingly, nothing was left a man + of conscience but to retire and seek employment where he could + exercise a little personal liberty. It is no new thing for men to + give up railway positions on conscientious grounds, when + compelled to work on the Sabbath, but this is the first instance + we have known where a Railway Company has forced a person out of + its employ because of his temperance <span class="pagenum"><a id="page107" name="page107"></a>(p. 107)</span> principles. In our + country, other things being equal, total abstainers are preferred + by railway men. This Canadian Company is away behind the age."</p> +</div> + +<p>An affair like this must indeed be very widely discussed, and awaken +considerable interest, when the general opinion in any place with +regard to it is published in the local news from that vicinity, yet +the following paragraph appeared among other items in the <i>Witness</i> of +November 24th, as Danville news:</p> + +<p class="quote"> + "Railways have a right to all the time of employees in hours of + duty, but many are grieved at the action of the Canadian Pacific + Railway in demanding of Mr. W. W. Smith, whom they dismissed for + activity in the temperance cause, that he must not give any of + his time to it when off duty, as such demand is un-British and + strongly in the direction of serfdom. Many spirited people are + going to resent the injustice."</p> + +<p>Various associations discussed this dismissal in their meetings, and +passed resolutions concerning it. The following is an extract from a +report, which appeared in the <i>Witness</i> of November 20th, of a meeting +of the Quebec Evangelical Alliance, held in the city of Quebec just +previous:</p> + +<div class="quote"> +<p>"It <span class="pagenum"><a id="page108" name="page108"></a>(p. 108)</span> was also voted that the following resolution be + placed on record, and a copy furnished to the press for + publication:</p> + +<p>"'That this Alliance voice its sympathy through the press with + the different moral and religious organizations of the Province, + which have taken action condemnatory of the arbitrary procedure + of the management of the Canadian Pacific Railway in the + dismissal of Mr. Smith, their station agent at Sutton Junction, + for no other offence than that of being deeply interested in the + moral and religious welfare of the people of his own district.</p> + +<p>"'And further, that this Alliance regrets that the Canadian + Pacific Railway, as a Company subsidized by the Government of + Canada, should see fit to interfere with the civil and religious + rights of its employees, and ally itself with those who are + evading established law, and doing their utmost to destroy social + order in this country.</p> + +<p>"'And this Alliance is of the opinion that if the Canadian + Pacific Railway management seriously desires to retain the + sympathy and support of the best element in the community in + building up their business as public carriers, they will, at the + earliest possible moment, do full justice to their late agent, + Mr. Smith.'"</p> +</div> + +<p>The following, also published in the <i>Witness</i>, is from a report of +the meeting of a temperance society in one of the sister Provinces:</p> + +<p class="quote">"<span class="smcap">Prescott</span>, <span class="pagenum"><a id="page109" name="page109"></a>(p. 109)</span> Ont., Dec. 5th.—The forty-fifth session of + the Grand Division of the Sons of Temperance was held here + to-day. The question of the discharge of Mr. W. W. Smith, of + Sutton Junction, by the Canadian Pacific Railway, for his loyalty + to the temperance cause, was brought up, the following report of + a special committee on the subject being unanimously adopted: + <span class="smcap">Whereas</span>, Mr. W. W. Smith of Sutton Junction, President of the + Brome County Alliance, in the Province of Quebec, whose attempted + assassination for his fidelity to law and order is a public fact, + has been summarily dismissed from his position as agent of the + Canadian Pacific Railway, for the express reason of his advocacy + of the cause of temperance, this Grand Division desires to + express the view that this action of the Railway Company is a + distinct violation of the rights of citizenship, and deserves + strong condemnation as being tyrannical and unjust in the + extreme, and is calculated, if not redressed, to destroy public + spirit and inflict deep injury to the civil rights of the + people."</p> + +<p>We will now look at some of the opinions of individuals, as expressed +in letters sent by them to the temperance papers.</p> + +<p>The following communication was sent to the <i>Witness</i> before the +publication of Mr. Brady's letters. Doubtless, the writer of this +article may, after reading those letters, have entertained some doubts +as to the infallibility of the opinions here expressed, but <span class="pagenum"><a id="page110" name="page110"></a>(p. 110)</span> +they show, at least, how impossible it seemed to some citizens that +such a corporation as the Canadian Pacific Railway could oppose +temperance activity on the part of its employees. The letter, +addressed to the Editor of the <i>Witness</i>, is as follows:</p> + +<div class="quote"> +<p>"<span class="smcap">Sir</span>,—In your issue of October 9th, a statement occurs which + suggests the necessity of a word of caution. The following is the + sentence: 'Some astonishing revelations may be expected, as the + temperance people are intensely indignant that the Company should + have yielded to the demands of the liquor party, and removed from + its service one who has been for years a trusted servant and + faithful officer.' From a personal acquaintance with several + gentlemen who control the appointment of officials of this and + similar grades of office in connection with the Canadian Pacific + Railway, I wait an explanation of this act of executive power + which will present it in an altogether different light from that + in which it now appears. I cannot believe that officers of any + Company, transacting business with, and dependent upon, the + public, as the Canadian Pacific Railway is, would descend to an + act as described in the case in hand. What the explanation will + be, I will not conjecture, but I can easily conceive it is + susceptible of an explanation which will remove all cause of + censure from the Company. In more than one instance, I have known + the officials of this Company to firmly support an employee in + the maintenance of <span class="pagenum"><a id="page111" name="page111"></a>(p. 111)</span> moral principle, even at a financial + loss to the Company. But, apart from all loyalty to right + principle, on the part of the officiary of the Company, it is to + me simply inconceivable that shrewd business men as these + officials are known to be would be guilty of an act which from a + purely business point of view would be a stupidly suicidal one. + It taxes one's credulity to too great a degree to ask one to + believe that, in view of the recent plebiscite taken in several + Provinces, that any officer, possessed of mental qualifications + sufficient to secure a position of power in the Company, would + ally himself with a coterie of lawbreakers in a secluded village, + and perpetrate an act which would be resented by thousands of + business men and tens of thousands of the travelling public in + our Dominion, and attach a stain to the name of the Company which + would challenge contempt for years future. The facilities + afforded by other competing lines at so many points in our + Dominion for such as would resent an act of this character are + too great to permit a Company that is hungering for freight and + passenger traffic to yield to such inconsiderable and immoral + influences as the liquor men of Sutton Junction and their + sympathizers could command. The Company knows well how slight a + matter often creates a prejudice for or against a railway which + affects its dividends for years, and they know well also that + when an act of this kind is actually done and unearthed, that it + appeals to principles held as sacred by the public of our + Dominion. They also know that, however the temperance <span class="pagenum"><a id="page112" name="page112"></a>(p. 112)</span> + ballot holders may be divided in their political allegiances, in + a matter of this kind, when no political ties bind them, they + would be practically a unit in resenting an act not only + tyrannical, but under the circumstances cowardly and immoral. One + cannot believe that this shrewd Company of high-minded and acute + business gentlemen would be guilty of the folly attributed to + them. Their effort is in every way honorable to attract their own + line, and it is past belief that they should play into the hands + of the Grand Trunk and other competing lines in any such manner + as the accusation, if proved, would mean. Give them time and + opportunity for an explanation before any expression of + indignation manifests itself, and especially before any hasty and + inconsiderate act of discrimination against the Company is made."</p> + +<p><span class="left60 smcap">Spectator.</span></p> +</div> + +<p>The publication of the correspondence between Messrs. Brady and Smith +brought a flood of letters from the public to the Editor's offices. It +would be scarcely possible in this place to give all the letters which +appeared in the various papers, but we quote a few. The following is +from the <i>Witness</i> of November 23d:</p> + +<div class="quote"> +<p>"<span class="smcap">Sir</span>,—I read with much pleasure the letter from 'A Total + Abstainer' in your issue of November 4th, and his purpose not to + travel by the C. P. R. in future, when he has the privilege of + another route. I <span class="pagenum"><a id="page113" name="page113"></a>(p. 113)</span> would like to assure him that he does + not stand alone, that there are many others who feel just as + strongly. It was only to-day that I learned of two persons who, + at some inconvenience to themselves, took passage by the Grand + Trunk Railway in preference to the Canadian Pacific Railway, on + account of the way in which the Company has played so miserably + into the hands of the liquor dealers; and I know of other + travellers who are resolved to use the C. P. R. only when it + cannot be avoided. I am informed that some of the temperance + organizations to which he refers are not going to let the matter + rest where it now is, but will manifest their indignation in + their own way and time.</p> + +<p>"It is almost beyond belief that a Company like this should treat + a servant with such inhumanity.</p> + +<p>"After being almost murdered when on duty by an employed agent of + the liquor party, and when about recovered from his wounds, he is + dismissed from the service for taking part in temperance work in + his own time. These are the facts as stated in the published + correspondence, and they need only to be stated to call forth the + indignation and condemnation of all honorable men.</p> + +<p><span class="left20 smcap">"Another Total Abstainer.</span>"</p> +</div> + +<p>Another letter, published in the <i>Witness</i> of December 29th, and +signed "Disinterested," is given below. The allusion to the queries of +the Alliance and the replies <span class="pagenum"><a id="page114" name="page114"></a>(p. 114)</span> of the Assistant General +Manager will be more fully explained in the next chapter.</p> + +<div class="quote"> +<p>"To the Editor of the <i>Witness</i>:</p> + +<p>"<span class="smcap">Sir</span>,—I am usually of moderate temperament and seldom take + extreme views or measures on any subject, but if I understand + rightly the present state of the controversy between the Dominion + Alliance and the Canadian Pacific Railway, unless the latter has + a secret compact with the brewers, distillers and liquor venders + of this county, to warrant their taking the present stand, they + are adopting the most extraordinary course of any corporation + seeking public patronage I have ever known. The following is, as + I understand it, the present position of the affair:</p> + +<p>"1. There are lawbreakers in the county of Brome.</p> + +<p>"2. An employee of the C. P. R. aids in detecting them, and + bringing them to justice.</p> + +<p>"3. The lawbreakers hire a man to murder him, who fails to quite + accomplish his task.</p> + +<p>"4. The employee, in his hours off duty, denounces the practices + of the lawbreakers, and the traffic that creates such lawbreakers + and murderers.</p> + +<p>"5. A district superintendent of the C. P. R. informs him that + for so doing he is dismissed.</p> + +<p>"6. The Dominion Alliance asks why this should be so? Is it not + interfering with the liberty of the British subject? Is not + slavery revived in another form for an employer to say to an + employee, 'You must not express an opinion on any subject of + social reform <span class="pagenum"><a id="page115" name="page115"></a>(p. 115)</span> or otherwise on pain of being dismissed + from my employ.'</p> + +<p>"7. The Assistant General Manager comes out in a two-column + letter explaining the attitude and act of the C. P. R. The + purport of that letter is that the man who antagonizes a + considerable portion of the community is therefore ... less + useful than he otherwise would be in any position (such, for + instance, as a station agent) in the employ of a railway company, + whose main object must be to increase the business, from every + possible source, and who must be careful not to antagonize any + portion of the community upon whose patronage, as a part of the + general public, the success of the Company depends. In all this + letter there is no distinction between the law-abiding and + lawbreaking sections of the community. The logical inference of + the whole letter is, the agent at Sutton antagonized the + lawbreakers of Brome, and those who abetted their doings, and, + therefore, the superintendent of the road was justified in + dismissing him. But by that act the superintendent 'antagonizes' + a very large section of the community, stretching from Halifax to + Vancouver, but he is sustained by the Company in his act. + 'Consistency, thou art a jewel!' As a Canadian I have felt just + pride in the C. P. R., I have advocated its claims against all + other transcontinental routes, especially have I compared it with + the Grand Trunk Railway, and advised my friends to patronize the + former. Now, however, as a free and law-abiding citizen I must, + on principle, change my method unless Mr. Tait, or some one else, + can explain the <span class="pagenum"><a id="page116" name="page116"></a>(p. 116)</span> act of the Company. If both employees + interested in the Sutton matter had been dismissed, I could see + that there was an honest effort on the part of the Company to do + justly, but as it is I can only see underneath all this the + intention of the Company to favor the lawbreakers of Brome and + liquor interests generally at the expense of the temperance and + Christian community. If my views are wrong, and anyone will do me + the kindness to correct them, I shall owe him a debt of + gratitude; for I am exceedingly loath to believe such things of + the management of our noble Canadian Pacific Railway. Until then, + however, I must say that I shall not travel on one mile of the C. + P. R. when I can take another line. I am constantly on the road + between Quebec and Toronto, with headquarters in Montreal. I take + this stand not by choice nor caprice, but on the principles of a + free citizen."</p> +</div> + +<p>The following is an extract from a letter discussing the same subject, +published in <i>The Templar</i> of Jan. 4th, 1895, and signed J. W. Shaw:</p> + +<p class="quote"> + "Without giving names, let me state what I have learned directly + affecting the moneyed interests of the C. P. R. Thinking of + visiting a certain station on one of their lines I asked a friend + who had just returned from it: 'What is the fare to that place?' + He replied, 'I don't know; I never buy a ticket; I can't say.' + When remonstrated with, he just said: 'I pay whatever is handy, + sometimes more and sometimes less!' <span class="pagenum"><a id="page117" name="page117"></a>(p. 117)</span> Another individual, + in the habit of travelling in the same way, and boasting of his + smartness, casually remarked: 'My trip this time was a failure, + for Conductor —— was on the train, and you know I could not + work him.' It did me good to hear that, for the conductor in + question is a well-known gospel and temperance worker, who labors + as he has opportunity for the uplifting of fallen humanity. On + this low plane then it would pay these companies to employ such + conductors, and give them all the scope required outside their + own business. Such employees save more to them than they will + ever lose through the fidelity to principle of any Mr. Smith. + Sterling honesty of principle that such men manifest, instead of + proving an objection, should merit the recognition if not the + approval of the wisest directorate, and should denote their + qualification rather than the reverse."</p> + +<p>Part of another letter, which was signed W. J. Clark, and appeared in +the same issue of <i>The Templar</i>, is as follows:</p> + +<p class="quote"> + "Now, suppose the 'section' which Mr. Smith had antagonized had + been the temperance people instead of the liquor element, what + would gentlemen Brady and Tait have said then if the matter had + been brought to their notice? Would they have dismissed Mr. + Smith? I trow not. They would in all likelihood have attributed + the complaint to what they would mentally designate as a handful + of cranks, and paid no attention to it. But when the liquor + element complains, <span class="pagenum"><a id="page118" name="page118"></a>(p. 118)</span> what then? Their complaint is + attended to at once. Why? Because they are the most law-abiding + and influential section of the community? No, but because they + are just at the present time the most powerful section of the + community. Do not misunderstand me. I do not mean that the + temperance people of our land have not the balance of power in + their own hands. They certainly have, but they do not make use of + it, while the liquor element use what power they have for all it + is worth. The C. P. R., and all other such like corporations know + full well this state of affairs, and as Mr. Tait says: 'Their + objects do not extend beyond the promotion of their business,' + and consequently they are ready at all times to cater to the + commands of those who are making their power felt in the land, + and to ignore almost entirely the wishes of those who have the + power, but fear to use it. Mr. Editor, what are the temperance + people doing? Are we sleeping on guard? It seems to me that we + are. How many of us, after reading the two last issues of <i>The + Templar</i>, will not deliberately step on board of a C. P. R. + train, and pay our money to that corporation when in many cases + we could just as conveniently transfer our patronage to some + other road. What is our plain duty in the case? Is it not to show + the Canadian Pacific Railway that we are a power in the land, and + that we intend to plainly show that corporation that the rights + of good citizenship are not to be trampled upon with impunity? + The action of the C. P. R. in the Smith case should call vividly + to our minds the action <span class="pagenum"><a id="page119" name="page119"></a>(p. 119)</span> of the Grand Trunk a few years + ago, when they discharged their agent at Richmond, Que., because + he openly opposed the temperance people."</p> + +<p>In concluding this chapter, we will give the opinion of an eminent +clergyman, Rev. J. B. Silcox, as expressed by him from the pulpit of +Emanuel Church, Montreal. Nor is this by any means the only voice +which sounded from Canadian pulpits on the same subject. The <i>Witness</i> +of December 31st, 1894, has the following:</p> + +<p class="quote"> + "Referring to the C. P. R., Mr. Silcox denounced it vigorously + for its action in dismissing an employee because he saw fit to + fight the drink traffic. There was nothing in the world so + heartless as a great corporation. The C. P. R. had shown itself + more heartless than a despotic king. It had come to a sorry pass + when an employee was robbed of the right of exercising his own + free will. By its action the Company had thrown all its weight on + the side of the liquor party to which it catered. He had lived in + the Northwest several years, and had seen other instances of how + this great Company had ground others under its iron heel. 'In + discharging the man I refer to, the Canadian Pacific Railway has + shown that it lays claim to both the body and soul of its + employees. In the history of this country did you ever hear of + anything more shameful? It makes one's blood boil. And the men + who commit these acts can boast of knighthood. Alas!'"</p> + + + + + +<h3>CHAPTER VII. <span class="pagenum"><a id="page120" name="page120"></a>(p. 120)</span></h3> + +<h5>THE DOMINION ALLIANCE PROTEST.</h5> + + +<p>We have been considering some of the opinions of the temperance and +law-abiding public regarding the dismissal of Mr. W. W. Smith. +However, the temperance people were not all content with simply +discussing the matter, and blaming the C. P. R. for the action they +had taken, nor even with transferring their patronage to another road. +The Alliance took steps to obtain an explanation of Mr. Brady's +conduct and the policy which he had attributed to the C. P. R., and if +possible to gain some reparation for an act which seemed to them +unreasonable and unjust. It was stated in a former chapter that the +secretary of the Quebec Provincial Branch had been instructed to +enquire into the rumored attempt of the liquor men to secure Mr. +Smith's dismissal, and report the facts in the case at the next +meeting of the Alliance. His conclusions after this enquiry are +embodied in the following letter, dated October 9th, and addressed to +"Thomas <span class="pagenum"><a id="page121" name="page121"></a>(p. 121)</span> Tait, Esq., Assistant General Manager, Canadian +Pacific Railway":</p> + +<div class="quote"> +<p>"<span class="smcap">Dear Sir</span>,—I herewith return the correspondence concerning Mr. + Smith which you allowed me to have, and which our committee very + carefully considered. The action taken by your Company in + dismissing Mr. Smith from his position as your agent at Sutton + Junction, notice of which he received on Saturday last, October + 6th, renders futile any further conference between the Company + and this Alliance on behalf of Mr. Smith. I am, however, + instructed to say that after a very careful consideration of all + the correspondence referred to us, after a thorough investigation + of the whole matter, we have come to the conclusion that the + paramount reason for Mr. Smith's dismissal is his activity as a + temperance man. Your Assistant Superintendent in his letter to + Mr. Smith, dated September 7th, makes this as clear as possible. + He says: 'You must either quit temperance work or quit the + Company. It makes no difference whether you are on duty or oft + duty, so far as this Company is concerned. They demand the whole + and entire time of their men, and they are going to have it.' + These are as plain words as the English language can produce, and + their meaning cannot be misunderstood. The complaints made + subsequent to my interview with you on the 19th of September + have, in our opinion, the appearance of an effort to find a + reason to explain the one given by your Assistant Superintendent; + a reason which we <span class="pagenum"><a id="page122" name="page122"></a>(p. 122)</span> think your Company will find + exceedingly difficult to sustain at the bar of public opinion to + which it must now go. As regards these recent complaints, Mr. + Smith has never seen them. He has never been given an opportunity + to deny them, or offer any explanation. If these or other charges + of a similar character are the essential ones, then he has been + condemned without a hearing, either before your superintendent or + any other officer of the Company. Mr. Smith informs us that he is + quite prepared to defend himself against any charge of neglect of + duty or unfaithful service to the Company. His record of fifteen + years' service is an indication that as a railroad man he has + done his duty. As regards the principal charge, the charge upon + which his resignation was asked for by your Assistant + Superintendent in the letter referred to above in the following + words: 'I was in hopes you would relieve the strain by gracefully + tendering your resignation,' the specific complaint made being + that he had on the evening of September 3d, delivered a + temperance lecture. To this charge he pleads guilty, and now + suffers the consequences, viz., dismissal and pecuniary loss.</p> + +<p>"This Alliance, as representing the temperance people of this + Province, protests in the most emphatic manner against this act + of obvious injustice to one of our number; an act which we have + every reason to believe to be the result of a concerted plan to + use your Company to injure and if possible render nugatory the + temperance work of the people of Brome County, who, for very many + years, have been <span class="pagenum"><a id="page123" name="page123"></a>(p. 123)</span> endeavoring to uphold and enforce the + law of the land, which declares that no intoxicating liquor shall + be sold within the bounds of that county.</p> + +<p>"In this effort, they did not expect to have the powerful + influence of your Company turned against them, and, therefore, + feel keenly and with intense regret this action in regard to Mr. + Smith, the President of the Brome County Alliance! You will + readily understand that we cannot allow this matter to drop, and, + therefore, have taken steps to bring the whole matter before + another tribunal.</p> + +<p><span class="add2em">"I am, dear sir, respectfully yours,</span><br> +<span class="left60">"J. H. Carson, Sec'y."</span></p> +</div> + +<p>On October 16th, a meeting of the executive of the Quebec Provincial +Alliance was held in Montreal, for the purpose of considering affairs +relating to this dismissal. Mr. Carson reported the correspondence +which he had had with Mr. Tait, and the Executive, having unanimously +approved Mr. Carson's letters, adopted the following resolution:</p> + +<p class="quote"> + "<span class="smcap">Whereas</span>, Mr. W. W. Smith, the President of the Brome County + Alliance, has been dismissed from his position as agent of the + Canadian Pacific Railway, and whereas we have reason to believe + that his dismissal has been brought about because of his + temperance activity, and not because of dereliction of duty: + <i>Resolved</i>, That this Alliance will stand by Brome County + Alliance in any action it may take under <span class="pagenum"><a id="page124" name="page124"></a>(p. 124)</span> the advice of + our solicitors to vindicate the reputation of Mr. Smith."</p> + +<p>At this meeting also, a committee was appointed to whom the +correspondence in the hands of the secretary should be referred for +whatever action they might deem best.</p> + +<p>On October 26th, a meeting of the Brome County Alliance was held at +which the dismissal was also considered. Some members of the +Provincial Alliance from Montreal were present at this meeting.</p> + +<p>On December 22d, the following appeared among the <i>Witness</i> +editorials:</p> + +<p class="quote"> + "The dismissal of Mr. W. W. Smith, the Canadian Pacific station + agent at Sutton Junction, for law and order work in a prohibition + county, and specifically for delivering a temperance lecture, is + still a live subject. The Dominion Alliance, as whose officer Mr. + Smith committed the offences for which he suffers, naturally + protested to the Company, and appealed to the public against this + assault on the liberties of their workers. The Company, we + understand, thinks it only fair that its reply to the Alliance's + protest should be published as widely as that protest was, and + this we think entirely reasonable, whatever may be said of the + merits of that reply, which does not seem to us to make the + matter any better. After being duly presented to a meeting of + the <span class="pagenum"><a id="page125" name="page125"></a>(p. 125)</span> Alliance committee, and then referred to Mr. Smith, + against whom it raises new charges, it is now with the consent of + all parties published, and it will be forwarded to all the + temperance organizations for their information. It occupies a + good deal of room, but will be read with extreme interest as + showing just how a money corporation looks on the liberties of + its servants."</p> + +<p>The reply referred to in this article as being that made by the C. P. +R. to the letter of Mr. Carson, which we quoted above, is as follows:</p> + +<div class="quote"> +<p>"J. H. Carson, Esq.,<br> +<span class="add2em">"Secretary Dominion Alliance, Montreal.</span></p> + +<p>"<span class="smcap">Dear Sir</span>,—Your letter of November 9th reached me in due course. + I have been somewhat disinclined for several reasons to take part + in any further correspondence on the subject, but upon further + reflection I have decided to point out to you in writing, as I + have already, on two or three occasions, done verbally, that the + termination of Mr. Smith's engagement with this Company did not + take place by the reasons assigned by you in that letter. You + say, 'We have come to the conclusion that the paramount reason + for Mr. Smith's dismissal is his activity as a temperance man.' + Whether intentionally or unintentionally, this language is framed + so as to convey the meaning that the Company objected to the + principles (namely, temperance principles) which were advocated + by Mr. Smith. Nothing could be further from <span class="pagenum"><a id="page126" name="page126"></a>(p. 126)</span> the truth. + If Mr. Smith had been as much occupied in abusing temperance + principles as he was in advocating them, the objection would have + been not only as great, but greater. It must be manifest to every + business man in the community that every railway company, and, + indeed, every other business organization employing large numbers + of workmen, is most emphatically in favor of temperance; so much + so that in the case of our Company I feel convinced that its + influence in favor of temperance and the prevention of the + improper use of intoxicating liquors is ten thousand times more + than that of Mr. Smith or any other individual, in fact, it is + probably one of the most powerful factors in that direction in + Canada.</p> + +<p>"Our Company has for many years past done what is not often done + by property owners. We have declined to sell our lands at + different stations along our line, except under conditions which + prevents the sale of intoxicating liquors on the premises, and + which have the effect of depriving the buyer of his title to the + property in case that stipulation is broken. In addition, we have + had for many years past, amongst the rules and regulations + governing all our employees, the following rule:</p> + +<p>"<i>'Use of Liquor.</i>—The continued or excessive periodical use of + malt or alcoholic liquors should be abstained from by every one + engaged in operating the road, not only on account of the great + risks to life and property incurred by entrusting them to the + oversight of those whose intellects may be dulled at times + <span class="pagenum"><a id="page127" name="page127"></a>(p. 127)</span> when most care is needed, but also, and especially, + because habitual drinking has a very bad effect upon the + constitution, which is a serious matter to men so liable to + injury as railway employees always are. It so lessens the + recuperative powers of the body that simple wounds are followed + by the most serious and dangerous complications. Fractures unite + slowly, if at all, and wounds of a grave nature, such as those + requiring the loss of a limb, are almost sure to end fatally. No + employee can afford to take such risks, and the Railway Company + cannot assume such responsibilities.' This rule has, in fact, + been revised within the last few months, and couched in more + prohibitory language, and will shortly be issued to the employees + in that form. Along our line there are thousands of its officials + who are every day insisting on the practice of temperance. They + deal with the engagement of subordinates and the conduct and + efficiency of persons in our employment in such a way as to show + that temperance is indispensable to the efficiency of our + employees, to the conduct of the Company's business, and to the + success and promotion of the workmen themselves, but this is done + in respect of matters which are entirely within their + jurisdiction as officers of the Company.</p> + +<p>"There are, unfortunately, many questions upon which the public + hold different opinions so strongly that they are virtually + divided into opposing classes, and it is impossible for any one + prominently and publicly to advocate either side of any of these + questions, without immediately raising a strong feeling of + opposition <span class="pagenum"><a id="page128" name="page128"></a>(p. 128)</span> in a considerable portion of the community, + who take the opposite side. These questions are of different + kinds, religious, political, social, racial, etc.; and it must be + apparent that no matter how well founded any person's views may + be on any of these questions, if he devotes himself energetically + to the promulgation and advocacy of his views at public meetings, + lectures, etc., he will without fail antagonize a considerable + section of the community. It is, therefore, apparent to every + business man that any person who adopts this course at once + renders himself less useful than he would otherwise be in any + position (such, for instance, as a station agent) in the + employment of a Railway Company, whose main object must be to + increase its business from every possible source, and who must be + careful not to antagonize any portion of the community upon whose + patronage, as part of the general public, the success of the + Company depends. Illogically, and perhaps unfortunately, there + are many persons in every community who hold the employer + answerable for the public advocacy of the views of the persons in + his employment, even when disconnected with the business of the + employer. This ought not to be the case, but as undeniably it is + the case, it follows that the usefulness of an employee is with + certainty diminished, and perhaps destroyed, when he gives much + of his attention and some of his time to advocating his personal + views at public meetings, lectures, etc., upon either side of any + question upon which the public is divided in the way I have + before mentioned, and <span class="pagenum"><a id="page129" name="page129"></a>(p. 129)</span> this, although he do so only + during the hours of the day when he is not supposed to be in the + active service of his employer. As far as I am able to judge, no + official of our Company, of whose duties one is to solicit and + secure traffic for the Company, could take sides on any of these + questions at public meetings and lectures without impairing his + usefulness to the Company. Taken by themselves, and without + regard to the circumstances, some of the expressions in Mr. + Brady's letters to Mr. Smith are capable of misinterpretation, + and, as I have stated to you on several occasions, do not meet + with the Company's approval, as they do not express correctly its + policy on the subject. There is no doubt, however, in our mind, + as I have already assured you, that throughout this unfortunate + affair Mr. Brady was only intent on protecting the Company's + interests by preventing unnecessary hostility, and at the outset + on saving Mr. Smith himself from trouble.</p> + +<p>"I have already shown you correspondence from different persons + containing statements concerning Mr. Smith, which, if true, + indicate the impossibility of any person being able to give + thorough and efficient service to any railway company, whilst he + publicly advocates views on either side of any question such as I + have referred to, upon which the public is divided. But the + matters referred to in that correspondence are insignificant + compared with the taking in public an active part on either side + of such moot questions as I have referred to. The conclusion that + Mr. Smith's usefulness was gone, does not depend on the <span class="pagenum"><a id="page130" name="page130"></a>(p. 130)</span> + truth or untruth of them; it was therefore not necessary or + proper to discuss them further with Mr. Smith upon the theory + that they were material to the question whether he should + continue or not in the Company's service. As, however, in your + letter you refer to the complaints covered by that correspondence + as having the 'appearance of an effort to find a reason to + explain the one given for Mr. Smith's dismissal,' and as you have + returned this correspondence to me, it may not be out of place + for me to refresh your memory as to some of the points covered by + it. Mr. Stewart, the Superintendent of the Dominion Express + Company, wrote Mr. Brady, from Montreal, on September 29th as + follows:</p> + +<p>"'Route Agent Bowen informs me that when visiting Sutton Junction + this week, he found F. G. Sinclair in charge of the station, and + doing the work in Mr. Smith's name. Mr. Smith had gone away + without giving us notice. He did not give the new agent the + combination of the safe, and carried away our revolver for his + protection, instead of leaving it at the station to protect our + property. Mr. Bowen succeeded in finding Smith, and getting the + revolver, and also had the combination of the safe changed and + given to the new agent. I may say that Mr. Smith had given the + relieving agent the combination of the outside door of the safe + only, which left us without any better protection than an + ordinary fire-proof safe, and we sometimes have very large + amounts of money to carry over night. This is just about in + keeping with all Mr. Smith's work. Unless we can be <span class="pagenum"><a id="page131" name="page131"></a>(p. 131)</span> + assured of better protection at Sutton Junction, we will have to + make different arrangements in regard to handling our money for + the Northern division, by transferring the fire and burglar proof + safe at Sutton Junction to Fosters, and make the money transfer + at that point instead of at Sutton Junction.</p> + +<p>"'Of course, it will be absolutely necessary to transfer some + money at the Junction at all times, but bank packages, etc., will + have to be sent by the other route for our protection.</p> + +<p>"'Route Agent Bowen reports the present agent is attending + carefully to our business. If the old agent will be re-appointed + I would be glad of a few days' notice so we can make different + arrangements in the interest of this Company.'</p> + +<p>"You will remember from the correspondence that Mr. O. C. Selby + wrote to Mr. Brady that he had the combination of the outside + door of the safe, and that the combination of the inside door, + which should also have been used, was not used from the time Mr. + Selby started work (October, 1893) until June last; that Mr. + Smith was often absent from the office during the day, frequently + remaining there only half an hour.</p> + +<p>"You will remember also that Mr. J. O'Regan, the operator at + Sutton Junction, stated in writing that he had at the request of + Mr. Smith, who desired to absent himself from duty, worked in the + latter's place on the afternoon and evening previous to the + assault, and that on several occasions he had been left in charge + of the station during Mr. Smith's absence. In <span class="pagenum"><a id="page132" name="page132"></a>(p. 132)</span> this + connection you will remember that I informed you that on the + occasion first referred to, and that on some, if not all, of the + previous occasions, Mr. Smith had absented himself from duty + without permission. I believe that it was admitted by Mr. Smith + himself, at the trial, that when he was assaulted he was asleep, + although at that time he should have been on duty as operator.</p> + +<p>"You will also recollect that Mr. Smith, having applied through + Detective Carpenter to Mr. Brady for leave of absence to go to + New Marlboro, Mass., for the purpose of identifying one of his + assailants, and having obtained such leave of absence, and a pass + to Newport and return, remained absent from duty for ten days + after his return from New Marlboro, without communicating with + Mr. Brady, and that it was while he was so absent without leave + that he delivered a temperance lecture at Richford.</p> + +<p>"It is not customary with this Company to discuss with persons + not directly interested the reasons for discharging, punishing, + rewarding or otherwise dealing with its men, but you will + recollect that in this case an exception was made, and that I + offered you every facility, including free transportation over + our line, if you would, by visiting localities in which Messrs. + Smith and Brady were known, satisfy yourself as to the propriety + of Mr. Smith's discharge, and it will also be within your memory + that I offered to arrange a meeting between yourself and Mr. + Brady, or, if it was desired, to meet your committee myself to + discuss the matter. None of these offers was taken advantage + <span class="pagenum"><a id="page133" name="page133"></a>(p. 133)</span> of, and, so far as I know, none of the suggestions made + were followed.</p> + +<p>"It is not, however, as I have said, necessary to go into these + details in order to support the conclusion that Mr. Smith's + usefulness as agent for the Canadian Pacific Railway Company is + over. The Company is carrying on the business of a railway + company, and its objects do not extend beyond the promotion of + that business. Its success depends upon the favor and patronage + of the community at large, and if one of its officers or + employees so conducts himself as to antagonize a section of the + community, or even in a manner which is likely to bring about + that result, the Company's interests are injuriously affected, + and the Company will naturally do, what every business man would + do, namely, protect its interests by his removal.</p> + +<p><span class="add2em">"Yours truly,</span> <span class="add2em smcap">Thos. Tait</span>,<br> +<span class="left60">"Assistant General Manager.</span><br> +"<i>Montreal, Dec. 6th, 1894.</i>"</p> +</div> + +<p>It will be noticed that in this letter Mr. Tait, referring to the acts +of officials, "who are every day insisting on the practice of +temperance," says: "But this is done in respect of matters which are +entirely within their jurisdiction as officers of the Company." The +implication plainly is that, while officers of the Canadian Pacific +Railway have a right to insist upon sobriety among the employees of +the Company, they have not a right to engage in any other form of +temperance work. <span class="pagenum"><a id="page134" name="page134"></a>(p. 134)</span> That all Mr. Smith's work for the cause was +within his jurisdiction as an officer of the Alliance, and a free +citizen is not taken into consideration, and it appears that no +employee of the Canadian Pacific Railway is supposed to have a right +to accept any offices or perform any duties outside the Company's +services.</p> + +<p>Mr. Tait does not condemn the position taken by his Assistant +Superintendent, on the contrary he very plainly takes the same +position himself, and simply disapproves of some of Mr. Brady's +expressions. This reminds us of what is told of some parents who are +said to punish their children, not for evil doing but for getting +found out. If Mr. Brady had concealed the motive for his act so as to +prevent any complaints from the public, the Company, according to Mr. +Tait's letter, would have had no objection to the dismissal of an +employee simply for temperance activity.</p> + +<p>To the above letter Mr. Carson made the following reply, which was +published in the same issue of the <i>Witness</i>:</p> + +<div class="quote"> +<p><span class="left60">"December 21st, 1894.</span><br> +"T. Tait, Esq., Asst. General Manager, C. P. R.:</p> + +<p>"<span class="smcap">Dear Sir</span>,—Your letter of December 6th has had the attention of + the Alliance Committee, which takes <span class="pagenum"><a id="page135" name="page135"></a>(p. 135)</span> great pleasure in + hearing of the stand taken by your Company in various ways in + behalf of temperance, the wisdom of which will commend itself to + all. When, however, you say Mr. Smith was not dismissed for the + reason assigned in my letter to you, namely, his activity as a + temperance man, you deny what seems to be admitted in the whole + of the rest of your letter. This was, as the correspondence + shows, the only reason conveyed to Mr. Smith as the cause of his + dismissal. My letter did not allege, nor was it intended to + convey the impression, that the Company's action was due to its + objection to the principles held by Mr. Smith, but that it was + due to his activity in advocating those principles.</p> + +<p>"You have at considerable length set forth that what the Company + objects to is, that an employee of the Company should actively + take sides on a question on which the community is divided, even + 'although he do so only during the hours of the day when he is + not supposed to be in the active service of his employer,' and + you add that 'no official of our Company, one of whose duties is + to solicit and secure traffic for the Company, could take sides + on any of these questions at public meetings and lectures without + impairing his usefulness to the Company.' This is precisely the + position taken by Mr. Brady in his correspondence with Mr. Smith, + and it is against this position, to which the Company through you + pleads guilty, that we, in the name of the temperance people of + Canada, protest, implying as it does a condition of servitude to + the liquor interest on the part of a <span class="pagenum"><a id="page136" name="page136"></a>(p. 136)</span> national + institution dependent upon the public patronage for support, + which insults all that is best in our public opinion, and + insisting as it does on a condition of ignoble slavery on the + part of the employees of the Company. You refer to the matter in + which Mr. Smith was regarded as over-active as a moot question.</p> + +<p>"Whether men should be required to observe the law of the land, + or be punished for violating it, is, we submit, not a moot + question. On the contrary, we hold it the duty of every loyal + citizen to uphold law, and render such assistance as lies in his + power to secure its enforcement.</p> + +<p>"With regard to the later charges against Mr. Smith, + parenthetically enumerated in your letter, you say they are + insignificant, and that, therefore, 'it was not necessary or + proper to discuss them further with Mr. Smith.' If so, we may + also be excused from discussing them. We have given Mr. Smith + communication of your letter, that he may reply to these if he + sees best.</p> + +<p>"Referring to your kind offer of free transportation over your + line, to visit the localities in which Messrs. Smith and Brady + were known, and satisfy myself as to the propriety of Mr. Smith's + discharge, I might say that I did visit those localities without + accepting the offer of free transportation, which accounts for + your not knowing of my visit to Brome County. As the result of + that visit I was still better informed as to the operation of the + occult influence which had brought about Mr. Smith's dismissal.</p> + +<p>"Your <span class="pagenum"><a id="page137" name="page137"></a>(p. 137)</span> offer to meet our committee and discuss the + question was rendered nugatory by the dismissal of Mr. Smith.</p> + +<p>"In the management of your Company it is not our part to + interfere, but when an employee of your Company is dismissed, as + alleged by the Assistant Superintendent, and now confirmed by + yourself, for publicly advocating those principles which this + Alliance is organized to promote, and for promoting the + observance of the laws of his country, it is right for us to + express to you the protest of a very large portion of the people + of Canada, and their indignation at seeing one of their number + thus suffer for conscience sake. It is, of course, for the + Company to judge how best to promote its own business, but when + so large a portion of the public as those who support temperance + laws and seeks their enforcement is openly snubbed in the + interests, and it would seem at the instance, of illicit and + murderous dealers in a contraband article, from the transport of + which your Company seeks profit, we may fairly ask the question + whether the Company is acting even the part of worldly wisdom. + Your declaration that if one of the Company's officers or + employees so conducts himself as to antagonize a section of the + community, or even in a manner which is likely to bring about + that result, the Company's interests are injuriously affected, + and the Company will naturally do what every business man would + do, namely, 'protect its interests by his removal,' is definite + and distinct, and seems to apply to the definite attitude assumed + towards the advocates of <span class="pagenum"><a id="page138" name="page138"></a>(p. 138)</span> temperance by your Assistant + Superintendent. His conduct is certain to be remembered with + resentment all over Canada, so long as his continuance in office + and the endorsement of his act are the index of the policy of + your Company.</p> + +<p><span class="add2em">"I remain, dear sir,</span><br> +<span class="left20">"Very respectfully yours,</span><br> +<span class="left60 smcap">"J. H. Carson</span>, Secretary."</p> +</div> + +<p>As stated by Mr. Carson, Mr. Tait's letter was forwarded to Mr. Smith, +that he might reply to its accusations if he saw fit. Accordingly, he +wrote to the Editor of the <i>Witness</i> as follows:</p> + +<div class="quote"> +<p>"<span class="smcap">Sir</span>,—I desire, in replying to the complaints made against me in + Mr. Tait's letter, addressed to the Secretary of the Dominion + Alliance, to say that, so far as these complaints are concerned, + this is the first time I have seen them, and I have never been + asked by the Canadian Pacific Railway to offer any explanation, + nor have I been given an opportunity to deny the correctness of + the charges made against me.</p> + +<p>"With regard to the letter of Mr. Stewart, of the Dominion + Express Company, I have this to say: This complaint, in the first + place, was only made three weeks after Mr. Brady had requested me + to tender my resignation, for the specific reason given in his + letter, so that it could not have had any connection with the + real cause of my dismissal.</p> + +<p>"When I was assaulted on July 8th, I wired Mr. Stewart <span class="pagenum"><a id="page139" name="page139"></a>(p. 139)</span> + that I was unable to work, and asked him if I should give the + combination of the inside door of the safe to the man in charge. + I received no reply. Mr. Stewart knew perfectly well that I was + sick in bed, and that it was his duty to send a man to change the + combination, which he did not do, after being wired of my + disability. Now Mr. Stewart, after paying not the slightest + attention to the notice of my illness, censures me for not + notifying him when I went to the United States to identify the + man who assaulted me. Regarding my carrying off the revolver, + this is true; but, as the Company demanded the whole of my time + off duty, as well as on, and as I was expected to resume work any + day, I do not see why I should not be regarded as their property, + and as much entitled to protection as any other until I was + dismissed.</p> + +<p>"Mr. Selby's statements are also misleading. It was months after + he entered my office before I allowed him to have the combination + of the safe (outside door), and this was with the knowledge and + consent of Route Agent Bowen, or he would never have had even the + combination of the outer door. Mr. Bowen checked up my office + with Mr. Selby two or three times, and was satisfied. Mr. Selby's + statement that the inner door of the safe was not used from + October, 1893, to June, 1894, is not true, and cannot be + substantiated, as he was away from my office for weeks during + that time.</p> + +<p>"As to my changing work with Mr. O'Regan, I did, and such things + are quite customary with agents and <span class="pagenum"><a id="page140" name="page140"></a>(p. 140)</span> operators, as well + as Assistant Superintendents; and this custom prevails at the + present time all along the line. I may add that there was a + distinct understanding between Mr. Brady and myself that I could + drive out or walk out whenever I saw fit, without communicating + with him.</p> + +<p>"Some explanation ought to be made concerning the manner in which + these complaints from Mr. Selby and Mr. O'Regan were secured by + Mr. Brady, when it was found necessary to produce before Mr. Tait + other evidence against me. I have seen both Mr. Selby and Mr. + O'Regan in company with a witness I took with me, and questioned + them as to how they came to make such charges. I found that Mr. + Brady had taken the fast express from Farnham, which does not + stop at Sutton Junction; it, however, slowed up enough to allow + him to jump off. He walked to the station and remained nearly + three hours endeavoring to obtain incriminating evidence against + me. Mr. Selby informed me he did not think his letters would come + to light, as Mr. Brady told him it would be personal, and he + thought as I was dismissed from the Company's service, the + statements would not hurt me, and it might help him to a + situation at some future time. He said the statements were first + drawn from him by adroit questioning, and he was then asked to + put them in writing.</p> + +<p>"When Mr. Brady arrived at Sutton Junction, the night operator, + O'Regan, was asleep, but he did not hesitate to call him up, and + deprive him of two or three hours' rest, notwithstanding the fact + that on the first <span class="pagenum"><a id="page141" name="page141"></a>(p. 141)</span> of July, when he refused to allow the + night operator, Ireland, to work for me so as to permit of my + going to Montreal to attend the National Prohibition Convention, + the reason he gave was that night operators required their days + to rest to insure efficient service during the night. But in this + case he breaks up the rest of a night operator in order to secure + this statement from O'Regan.</p> + +<p>"Mr. Tait says I was asleep when assaulted. This I do not deny, + but he knows his operators all sleep more or less during the + night, when they understand the position of their trains. Every + railway man knows this. But why are these matters brought before + the public now? Why was I not allowed a hearing by the officers + of the Company? If a collision occurs on the line, or other + serious things occur, the parties concerned are given a chance to + clear themselves. If men get drunk and damage the Company's + property, they are given a hearing, and in many cases they resume + work. But all this was denied me. There must have been a reason + for this; it must be because Mr. Tait really understood the whole + matter thoroughly, as he says in his letter, 'This + correspondence' (referring to these later charges) 'is + insignificant,' and especially as he has said to a <i>Witness</i> + reporter, and published in the <i>Witness</i> of July 11th: 'I have no + proof that Mr. Smith has violated the confidence of the Company.' + No, my serious offence was, as Mr. Tait states, 'the taking in + public an active part on either side of such moot questions as I + have referred to.'</p> + +<p>"Mr. <span class="pagenum"><a id="page142" name="page142"></a>(p. 142)</span> Tait also stated that this rule applies to + questions of politics. Now, if the same rule applied to + temperance as applies to politics, I would still be in my + position as agent of the Canadian Pacific Railway at Sutton + Junction, for during the last general elections the Company would + have allowed me to move heaven and earth, if possible, to elect + their candidate, which we did through their wire pulling. I don't + wonder people say the Canadian Pacific Railway runs the + government, but they cannot run the Brome County Alliance or any + of the other temperance organizations. I would like to ask Mr. + Brady in connection with these charges, why he should add insult + to injury by asserting that the temperance people could all 'go + to h——l,' and he 'does not care a G—— d——' for them all, + and why was I approached in an obscure way, and inducements made + to me to resign my position as President of the Brome County + Alliance, and give up lecturing on temperance, and retain my + position as agent of the Canadian Pacific Railway? These are some + facts that more clearly reveal the real cause for my dismissal, + and the source from which opposition to me really came, namely, + the liquor traffic, exerted through its emissaries.</p> + +<p>"It should be borne in mind that every scrap of evidence against + me, such as it is, has been trumped up, since my dismissal. Who + before ever heard of a man being sentenced and executed and then + the evidence of his guilt hunted up?</p> + +<p><span class="left60 smcap">"W. W. Smith.</span><br> +"<i>Sutton, December 24th, 1894.</i>"</p> +</div> + +<p> +The <span class="pagenum"><a id="page143" name="page143"></a>(p. 143)</span> feelings which then animated the temperance public of +Canada concerning the conduct of the Canadian Pacific Railway may be +seen from the following article in the <i>Witness</i> of December 28th:</p> + +<div class="quote"> +<p>"The meeting of representatives of the various provincial and + Dominion temperance bodies, held yesterday afternoon in the + Temple Building, was for the purpose of receiving reports from + the executives of these grand bodies concerning the action of the + Canadian Pacific Railway Company, in dismissing Mr. Smith for his + activity in temperance work.</p> + +<p>"The Secretary presented a very large number of resolutions + adopted by these various executives, expressing their + condemnation of the Company, and endorsing heartily the action of + the Alliance, in seeking to have the injustice removed. The + resolutions were from British Columbia, Northwest Territories, + Manitoba, Ontario, Quebec, as well as from Maritime + Provinces—from far off Victoria, B. C., to Halifax, N. S.</p> + +<p>"The communications indicate that the whole temperance community + is thoroughly aroused, and intensely interested in this matter. + The meeting adopted a strong resolution, which was referred to a + committee of five, who were empowered to take such further action + as they deem best to carry out the spirit of the resolutions + presented to the meeting yesterday.</p> + +<p>"The <span class="pagenum"><a id="page144" name="page144"></a>(p. 144)</span> Secretary was instructed to inform Mr. Tait, + Assistant General Manager of the Canadian Pacific Railway, that + this committee would confer with him in regard to this matter, if + we should so desire. The committee will await Mr. Tait's reply + before publishing the resolutions received or those adopted at + yesterday's meeting."</p> +</div> + + + + + +<h3>CHAPTER VIII. <span class="pagenum"><a id="page145" name="page145"></a>(p. 145)</span></h3> + +<h5>RESULTS OF THE ALLIANCE PROTEST.</h5> + + +<p>In our last chapter was given a letter written by Mr. Carson on +December 21st, and addressed to Mr. Tait. The reply to this was as +follows:</p> + +<div class="quote"> +<p>"J. H. Carson, Esq., Secretary Quebec Provincial Branch of the + Dominion Alliance, 162 St. James Street, Montreal:</p> + +<p>"<span class="smcap">Dear Sir</span>,—I have acknowledged the receipt of your two + communications of the 21st and 28th ult. As your letter of the + 21st states that the Alliance does not allege that the reason for + Mr. Smith's discharge by the Company was the nature of the + principles held and advocated by him, and states that the sole + objection of the Alliance to the action of the Company in this + matter is the discharge of an employee from its service 'for his + activity in advocating those principles,' I now desire to state + briefly, and in such a way as I trust will prevent any + possibility of being any longer misinterpreted, the views of the + Company on that point.</p> + +<p>"The Company does not object to its employees holding, practising + and promoting temperance principles in such a manner as not to + injuriously affect the Company's interests, but it does object + seriously to <span class="pagenum"><a id="page146" name="page146"></a>(p. 146)</span> any employee actively engaging in the + advocacy and agitation of these or any other principles or views, + no matter how respectable and proper in themselves, about which + there is a well understood difference of opinion in the + community, in such a manner as either to injuriously affect the + Company's interests or to impair his usefulness as an employee, + or to interfere with the proper performance of his duties to his + employer, as to all of which it cannot be expected that any other + than the Company should be the judge.</p> + +<p>"There is a large portion of the population of this country who, + rightly or wrongly, differ from and oppose the views which are + promulgated and promoted by the Alliance, and which have been so + vigorously and persistently advocated by Mr. Smith, the result + being, as it was sure to be, that his usefulness as our agent was + seriously impaired, owing to the Company having to bear to some + extent the antagonism which logically perhaps ought to have been + confined to him, though there was some ground for the public + considering that the Company was taking a part in his advocacy, + since in advertising public meetings to be addressed by himself, + Mr. Smith described himself as 'W. W. Smith, of the Canadian + Pacific Railway, Temperance Lecturer.'</p> + +<p>"In this connection I beg to draw your attention to the fact that + Mr. Smith did not confine his work of agitation, public + lecturing, etc., to the County of Brome, or that section of the + country in which the majority of the population had voted in + favor of the prohibition of liquor, but that his operations + extended beyond <span class="pagenum"><a id="page147" name="page147"></a>(p. 147)</span> these limits. After the fullest + investigation, and consideration of this whole matter, I feel + constrained to say that the Company's course was, under the + circumstances, not only justified, but, having regard to its + business interests, unavoidable.</p> + +<p>"In yours of the 21st ult., you refer again to the correspondence + between Mr. Brady and Mr. Smith. Inasmuch as the Company has + stated that the expressions complained of do not meet with its + approval or express correctly its policy, I submit that it is now + clearly improper and unfair to endeavor to make them appear as a + reason for the continuation of the complaint against the Company.</p> + +<p>"I note from your letter of the 28th ult., that a meeting is + suggested between the officials of the Company and a committee + representing the Alliance. I shall be glad, as I a long time ago + offered to meet this committee, and as you have kindly left the + appointment of the time and place of meeting with me, I suggest, + if it is convenient to the committee, my office on Monday next, + at eleven A. M.</p> + +<p>"The delay in replying to your letters was due to the uncertainty + of my movements and consequent difficulty in naming a time for + the proposed meeting.</p> + +<p><span class="add2em">"Yours truly,</span><br> +<span class="left20">"(Signed),</span> <span class="add2em smcap">Thos. Tait</span>,<br> +<span class="left30">"Assistant General Manager."</span></p> +</div> + +<p>According to the spirit of this letter, no man having an interest in +any reform, or a desire to aid in any work for the good of his +fellow-men, can conscientiously hold <span class="pagenum"><a id="page148" name="page148"></a>(p. 148)</span> a position in the +employ of this great Company, which is so influential in our beloved +country. Must every self-supporting man be a slave?</p> + +<p>Mr. Tait says, "After the fullest investigation, and consideration of +this whole matter, I feel constrained to say that the Company's course +was, under the circumstances, not only justifiable, but, having regard +to its business interests, unavoidable."</p> + +<p>Mr. Tait does not say "Mr. Brady's course," but "the Company's +course," thus showing that Mr. Brady had not acted independently of +his superior officers in dismissing Mr. Smith.</p> + +<p>Mr. Tait also expresses the Company's disapproval of Mr. Brady's +"expressions," while he, himself, makes statements which seem quite as +objectionable as those of Mr. Brady. Moreover, as Mr. Tait sanctions +the dismissal of an employee for active temperance work, and mentions +in this letter no other cause as having led to Mr. Smith's discharge, +we do not see why he should object to an Assistant Superintendent +naming the same reason to an under official, whom he is dismissing +from the Company's service.</p> + +<p>The conference arranged between Mr. Tait and the representatives of +the Alliance was held in the office of the former on January 7th, +1895. The meeting began at half-past eleven, and continued until +nearly two <span class="pagenum"><a id="page149" name="page149"></a>(p. 149)</span> o'clock, when, as no definite decision was +reached, it was decided to adjourn until the following morning. The +resolutions adopted by the various temperance bodies in Montreal, and +elsewhere, were presented to Mr. Tait. The following circular, issued +by the Quebec Provincial Branch of the Dominion Alliance, shows the +result of the conference on January 8th.</p> + +<div class="quote"> +<p class="left60"><span class="add2em">"Dominion Alliance,</span><br> + "Quebec Provincial Branch,<br> + "<span class="smcap">Montreal</span>, Jan. 30th, 1895.</p> + +<p>"<span class="smcap">Dear Sir</span>,—On November 28th last, by circular letter, we called + the attention of the executives of the various grand bodies of + the temperance organizations of the Dominion to the action of the + Canadian Pacific Railway Company, in dismissing from their employ + the President of one of our county alliances, Mr. W. W. Smith. + Enclosed in this circular was a copy of the correspondence which + led up to the dismissal. In response to this circular, + resolutions were received from every Province of the Dominion, as + well as from the executives of Dominion organizations.</p> + +<p>"These resolutions were very emphatic in their condemnation of + the position taken by Assistant Superintendent Brady, in the + published correspondence, to wit, that an employee 'must quit + temperance work or quit the Company.'</p> + +<p>"These resolutions were carefully considered at the conference of + temperance representatives, held in this <span class="pagenum"><a id="page150" name="page150"></a>(p. 150)</span> city on + December 27th, and it was decided to ask the Canadian Pacific + Railway to repudiate the position taken by Assistant + Superintendent Brady, and that it take such action in regard to + Mr. Brady, whose course has given so much offence to the + temperance people, as will convince its employees and the public + that its policy is not that represented by his act. It was also + decided that before any further action be taken, the Canadian + Pacific Railway should be notified that if it so desired, a + deputation from this meeting would be prepared to meet the + representatives of the Company in conference.</p> + +<p>"The Company concurred in the suggestion, and as a result of two + lengthy conferences, the following agreement was arrived at:</p> + +<p>"'The Canadian Pacific Railway distinctly repudiate, as they have + done from the commencement of the discussion, the expressions + used by Assistant Superintendent Brady, when demanding Mr. + Smith's resignation, which expressions have been taken exception + to by the temperance people.</p> + +<p>"'The Canadian Pacific Railway admit the right of employees to + identify themselves with the temperance movement, and work for + the same, provided such work is done outside official hours, + always with due consideration to the interests of the Company. + The committee accept such declaration as satisfactory.</p> + +<p>"'The committee claims that the hasty and ill-advised language + used in Assistant Superintendent Brady's correspondence, and + otherwise, has caused grave dissatisfaction on the part of the + temperance people <span class="pagenum"><a id="page151" name="page151"></a>(p. 151)</span> of Canada. The committee disclaim any + attempt to coerce or dictate to the Canadian Pacific in the + management of the Company's affairs, but under the circumstances + look to the Canadian Pacific Railway to place on record some + substantial mark of their disapproval of the expressions of one + of their staff, same having been the means of causing offence to + a large portion of the community.</p> + +<p>"'The Canadian Pacific Railway claims that, if for no other + reason, Mr. Smith's discharge was justifiable on the ground of + neglect of duty.'</p> + +<p>"This was signed by Mr. Thomas Tait, Assistant General Manager, + on the part of the Canadian Pacific Railway, and by the following + delegation as representing the temperance people of Canada: Major + E. L. Bond, Mr. E. A. Dyer, M. P., Rev. A. M. Phillips, Mr. A. M. + Featherston, Mr. S. J. Carter, and Mr. J. H. Carson.</p> + +<p>"This agreement and the delegation's report was received and + approved as satisfactory, by the executive of this provincial + Alliance, and a committee appointed to communicate the result to + the temperance bodies.</p> + +<p>"It will thus be seen that the Company has entirely repudiated + the offensive language used by Mr. Brady, and declares that it + does not express the attitude of the Company towards the + temperance cause.</p> + +<p>"The Company also admits the right of its employees to engage in + temperance work; and as regards Mr. Brady, it acknowledges that + cause for dissatisfaction has existed, and promises that action + will be taken to remove this cause.</p> + +<p>"In <span class="pagenum"><a id="page152" name="page152"></a>(p. 152)</span> placing these facts before you, we have to + congratulate our friends throughout the Dominion upon the + satisfactory conclusion of this matter, which has given us all so + much anxious concern.</p> + +<p>"Another cause for congratulation is the intense interest + manifested in this case in every part of the Dominion. From + Vancouver to Prince Edward Island have come expressions of hearty + coöperation, which have been exceedingly gratifying, clearly + demonstrating the fact that there is a temperance force + throughout the country which, if only concentrated, and directed + unitedly against the legalized liquor traffic of our land, would + be positively irresistible. In the present instance a vital + principle of temperance reform was attacked and almost + immediately the whole Dominion resounds with the protests of the + temperance people, and forthwith the injustice is removed.</p> + +<p>"With regard to Mr. Smith, we have this to add, that having since + accepted the position of organizer and lecturer for the + Independent Order of Good Templars of this Province, he had no + desire to return to the Company's employ, preferring to devote + himself entirely to the temperance work.</p> + +<p><span class="add2em">"On behalf of the executive,</span><br> +<span class="left20 smcap">"E. L. Bond</span>, <span class="add4em"> }</span><br> +<span class="left20 smcap">"S. J. Carter</span>,<span class="add3em"> }</span><br> +<span class="left20 smcap">"A. M. Featherston</span>, } <i>Committee</i>."<br> +<span class="left20 smcap">"A. M. Phillips</span>, <span class="add2em"> }</span><br> +<span class="left20 smcap">"J. H. Carson</span>,<span class="add3em"> }</span></p> +</div> + +<p>It <span class="pagenum"><a id="page153" name="page153"></a>(p. 153)</span> will be noticed that in this letter the committee +congratulate their friends upon "the satisfactory conclusion of this +matter." Also at a meeting of the Executive of the Alliance before the +above circular was issued the following resolution was adopted:</p> + +<p class="quote"> + "That this executive having heard the agreement and the report of + the committee thereon, is satisfied with the same, and + congratulate the temperance people of Canada on the result."</p> + +<p>It is often well for us to look at the bright side, and this was what +the Alliance Committee determined on doing, and there surely were some +encouraging features connected with this case.</p> + +<p>Nevertheless, as there are generally two sides which may be seen in +such an affair, there were many of "the temperance people of Canada" +who did not consider this conclusion satisfactory, and exchanged no +congratulations, and it may do us no harm now to look briefly at some +of the disappointing features in this settlement.</p> + +<p>First, it is said, "that the Company has entirely repudiated the +offensive language used by Mr. Brady, and declares that it does not +express the attitude of the Company towards the temperance cause." +Now, Mr. Tait had taken precisely this same position in his <span class="pagenum"><a id="page154" name="page154"></a>(p. 154)</span> +letters to the Alliance Secretary, previous to the meeting with the +committee, and even in the minutes of the meeting, as above given, it +is said, "The Canadian Pacific Railway distinctly repudiate—<i>as they +have done from the commencement of the discussion</i>—the expressions +used by Assistant Superintendent Brady." In view of this it would seem +that not much was gained by the meeting on this point.</p> + +<p>Secondly, we are told that "the Company also admits the right of its +employees to engage in temperance work." It certainly was encouraging +that this great Company should try to appear pleasing to the Alliance, +and seemed to show that the Canadian Pacific Railway considered the +temperance party a powerful factor in the land, but when we come to +consider the manner in which the admission mentioned above was made, +we can but see that it has a very doubtful side. The sentence in which +the Company makes this announcement is as follows:</p> + +<p class="quote"> + "The Canadian Pacific Railway admit the right of employees to + identify themselves with the temperance movement, and work for + the same, provided such work is done outside official hours, + <i>always with due consideration to the interests of the Company</i>."</p> + +<p>As we are not told that Mr. Tait, at the meeting, repudiated any of +his own former statements, we will look <span class="pagenum"><a id="page155" name="page155"></a>(p. 155)</span> at the above in the +light of the following, from his letter of December 6th, to Mr. +Carson:</p> + +<p class="quote"> + "As far as I am able to judge, no official of our Company, of + whose duties one is to solicit and secure traffic for the + Company, could take sides on any of these questions," referring + to matters about which the public disagree, "at public meetings + and lectures without impairing its usefulness to the Company.............. + The Company is carrying on the business of a railway company, and + its objects do not extend beyond the promotion of that business. + Its success depends upon the favor and patronage of the community + at large, and if one of its officers or employees so conducts + himself as to antagonize a section of the community, or even in a + manner which is likely to bring about that result, the Company's + interests are injuriously affected."</p> + +<p>The admission made to the Alliance seems to be robbed of most of its +virtue by the above statements, and it would seem that even yet the +employees of the Company may have but little liberty of conscience.</p> + +<p>It is also said in the aforementioned circular that, "as regards Mr. +Brady, the Company acknowledges that cause for dissatisfaction has +existed, and promises that action will be taken to remove this cause."</p> + +<p>This acknowledgment was certainly a good one, but we have no knowledge +of the promise having been <span class="pagenum"><a id="page156" name="page156"></a>(p. 156)</span> fulfilled. Mr. Brady has been +moved from one division to another of the Canadian Pacific Railway, +but as this change did not take place until long after this meeting +was held, and then only in connection with many others among the +officials and employees of the Canadian Pacific Railway, and as Mr. +Brady still holds an honorable position in the Company's employ, we +see no reason for supposing that this had any connection with the +promise made to the committee.</p> + +<p>Some of the temperance people feeling dissatisfied with the results of +the Canadian Pacific Railway-Alliance Conference sent communications +regarding it to the papers, but the press, from some cause, seemed +very loath to publish these protests. However, the following, +addressed to the Editor of the <i>Witness</i>, did find its way to the +public, and may have expressed the opinions of many besides the +writer:</p> + +<div class="quote"> +<p>"<span class="smcap">Sir</span>,—That the temperance people of Canada were moved, as never + before, by the dismissal of its Sutton Junction agent, Mr. W. W. + Smith, by the Canadian Pacific Railway Company, because he had + rendered himself obnoxious to the lawbreakers of the County of + Brome, who had tried but failed to kill him, there is no doubt, + as may be clearly seen from your columns, to say nothing of the + thousand hearts, which, like mine, said nothing, but felt no less + all the while <span class="pagenum"><a id="page157" name="page157"></a>(p. 157)</span> that by its action the Canadian Pacific + Railway had placed a premium upon lawlessness and immorality at + the expense of those whom I had been taught to regard as the + 'salt of the earth.'</p> + +<p>"The immediate consequence of this was that that line of railway + was being shunned, and its services neglected by many of its old + patrons, and by this loss its magnates were being taught a + lesson, and put on the 'repentent stool,' and it seemed almost + certain that never more would the Bradys, Taits, and Van Hornes + of this Canadian made and pampered corporation forget that + temperance people of Canada had both the will and the power to + retaliate upon their persecutors. And that if another such + dismissal was ever again attempted, they would 'more darkly sin,' + and hide the 'cloven foot,' which was so openly shown by Brady + and Tait.</p> + +<p>"At this juncture of its affairs, and at the moment when a + persistence in the agitation would probably have resulted in + reparation of the wrong done to Mr. Smith, and an open + repudiation of its immoral attitude, Mr. Tait managed to get a + hold of some gentlemen, who like the seven Tooley Street tailors, + who called themselves 'We, the people of England,' arrogated to + themselves the right to speak for the temperance people of + Canada, and he played them off on the 'Come into my parlor, said + the spider to a fly,' and the upshot of the matter is the most + disappointing and sickening, I think, I have ever seen.</p> + +<p>"I do not know the names of any one of these men, so I cannot be + accused of malice in holding up their conduct <span class="pagenum"><a id="page158" name="page158"></a>(p. 158)</span> to the + commiseration not to say contempt of the public. Though an + intense prohibitionist I have never been able to appreciate the + wisdom and nerve of some of our temperance people; yet, never + before have I noticed anything that looked so like treachery to + our cause.</p> + +<p>"In your issue of the 8th inst. we have a large heading, 'Brady + Repudiated,' and in the body of the article we see this + temperance committee, if not openly repudiating Mr. Smith, + allowing the Canadian Pacific Railway to defame his character, + and to their very teeth justify his dismissal, and giving their + consent to both.</p> + +<p>"How artfully Mr. Tait changed the whole ground of complaint; and + how simply the committee were hoodwinked and befooled will be + seen, when I say that that which roused the temperance people was + the truckling of the Canadian Pacific Railway to the liquor + traffic, and its marked contempt for temperance men, its moral + tyranny over its employees, and its wrongful dismissal of Mr. + Smith, simply because his attitude on a moral question had + exasperated the other side. But in the report which you give of + the interview between this committee and Mr. Tait, all this is + lost sight of, and the whole ground of complaint is made to rest + on poor Brady, the 'scapegoat's' phraseology. 'The committee + claimed that the ill-advised language used in Assistant + Superintendent Brady's correspondence has caused great + dissatisfaction on the part of the temperance people of Canada.'</p> + +<p>"The <span class="pagenum"><a id="page159" name="page159"></a>(p. 159)</span> committee would seem to have insisted on the + punishment of Brady, while concurring with Tait in everything. + The report says:</p> + +<p>"'The Canadian-Pacific Railway acknowledges that cause for + dissatisfaction has existed, claim the responsibility of dealing + with, and will deal with the matter in such manner as they + consider deserving in the premises.' If this is offered as a + salve to the small, cowardly feelings which would like to see a + subordinate punished for doing what he was told to do, I trust + the Canadian Pacific Railway will disappoint the committee, and + let their scapegoat go free. It would be both cruel and unfair + that the blow should fall on Brady, the mean tool, and the bigger + tyrants go free. This is so evidently seen in the fact that Tait + practically insists on the same right to muzzle Canadian Pacific + Railway employees that Brady did.</p> + +<p><span class="left60 smcap">"James Findlay.</span><br> +"<i>Beachburg, P. Q.</i>"</p> +</div> + +<p>Commenting on the above letter the <i>Witness</i> says:</p> + +<p class="quote"> + "The question might be raised whether the committee appointed by + the temperance conference had instructions to come to any + agreement with the Canadian Pacific Railway. They certainly were + instructed to give the Company an opportunity to right the wrong + it had done before proceeding to publish the finding of the + conference. It was, therefore, natural for the Company's + representative to ask the committee what would satisfy them, and + it would seem to the <span class="pagenum"><a id="page160" name="page160"></a>(p. 160)</span> committee unreasonable not to + answer such a question. Mr. Findlay labors under a misconception + if he thinks the committee were not independent, and determined + to maintain the rights of temperance men. They were selected so + as best to represent the interests of Mr. Smith as well as those + of the principles at stake. The assurances they received were + certainly about as complete as could well be looked for from a + Company that was not prepared to acknowledge itself dictated to + as to the management of its internal affairs. The Company was not + asked to reinstate Mr. Smith, which would have been unpleasant + for him. What it promised was that temperance men should be under + no disability in its service, and though it reserved to itself + the right to manage its own affairs, it acknowledged that cause + for dissatisfaction existed, and undertook to deal with the + matter. This, we submit, if followed up in accordance with the + Company's policy, as stated in Mr. Tait's letters, is a very + satisfactory position."</p> + +<p>The reason of this latter statement is seen when we remember that "the +Company's policy as stated in Mr. Tait's letters" was that when any +officer or employee antagonized a part of the community on a question +on which the public were divided, the Company would "protect its +interests by his removal;" and Mr. Brady had certainly opposed and +displeased a very large portion of the community. How this Assistant +Superintendent was really dealt with, is shown <span class="pagenum"><a id="page161" name="page161"></a>(p. 161)</span> by the +following from a report of an executive meeting of the Provincial +Alliance, on April 18th:</p> + +<div class="quote"> +<p>"The first business considered was the communication, from the + Canadian Pacific Railway, forwarded to the executive from the + general committee for action. This letter was in reply to the + Secretary's request to know in what manner the Company had dealt + with Mr. Brady, the Assistant Superintendent, whose action in + connection with Mr. Smith's dismissal had been so offensive to + the temperance people. The letter is addressed to Mr. Carson, the + Secretary, and is as follows:</p> + +<p>"<span class="smcap">'Dear Sir</span>,—I have to acknowledge the receipt of your letter of + the 1st inst.</p> + +<p>"'The Company has reproved and dealt with Mr. Brady as, under the + circumstances, was considered deserving, and in such a manner as, + it is trusted, will prevent any reasonable cause for further + complaint.</p> + +<p>"'Mr. Brady, while stating that he never intended the slightest + disrespect towards the Dominion Alliance or disapproval of + temperance principles, has acknowledged that he gave cause for + dissatisfaction, and expressed regret for the same, and a + determination to avoid a recurrence. +<span class="add2em">Yours truly,</span><br> +<span class="left60 smcap">"'Thos. Tait</span>,<br> +<span class="left30">"'Assistant General Manager.'"</span></p> +</div> + +<p>A few days previous to this Executive meeting the above letter was +presented at a meeting of the general committee <span class="pagenum"><a id="page162" name="page162"></a>(p. 162)</span> of the +Provincial Alliance, and "was not considered at all satisfactory."</p> + +<p>However, the Executive Committee, without approving the letter, +decided to publish it "for the information of the temperance public," +probably accepting it as the best which could be hoped for under the +circumstances.</p> + +<p>But, although all was not satisfactory, there were, as we have said, +some causes for gratitude in connection with this affair. The Canadian +Pacific Railway and Canadian liquor men had a chance to learn that +among their opponents there was some zeal and spirit, and a desire to +help one another, and this knowledge may make them more careful in the +future as to how they oppose and arouse temperance sentiment. Such an +agitation and interest as resulted from this dismissal, doubtless +might decide some unsettled minds in favor of the temperance party. +Also the action of the Canadian Pacific Railway in thus reproving Mr. +Brady, and eliciting from him a promise to exercise greater caution in +the future was probably as much as could be expected from a powerful +corporation which is not willing to acknowledge itself in the wrong, +and whose "objects do not extend beyond the promotion of its +business," so long as the laws of our land permit liquor sellers to be +licensed, <span class="pagenum"><a id="page163" name="page163"></a>(p. 163)</span> and Prohibition is a thing talked of, but not +experienced.</p> + +<p>Not until national prohibition finds a place among Canadian laws, and +is upheld by the Canadian government, will such bodies allow +themselves to be dictated to by the temperance people.</p> + +<p>The Scott Act is very good so far as it goes, but if the County of +Brome, instead of having this Act, and standing, in this respect, +almost alone in the Province, had possessed its share in a prohibition +law which held sway from the Atlantic to the Pacific, the outlawed +liquor venders of the county would probably not have had such power +with a great corporation as they displayed in this case. If the +temperance people of Canada wish to have a powerful voice in such +matters as this, or if they would have great institutions like the +Canadian Pacific Railway conducted on principles of temperance and +true freedom, let them work for prohibition, and send representatives +to Parliament who will do the same. And just now, when they hold in +their hands a key which may be the means of unlocking to us the gate +of Prohibition for our country, let them use it to the best advantage, +by giving a powerful majority for good when the Plebiscite vote is +taken.</p> + + + + +<h3>CHAPTER IX. <span class="pagenum"><a id="page164" name="page164"></a>(p. 164)</span></h3> + +<h5>THE MARCH COURT.</h5> + + +<p>As was stated in Chapter III. of this book, the prisoners, Kelly and +Howarth, remained in jail, the former at Montreal, the latter at +Sweetsburg, during the winter of 1894-95, awaiting trial at the Court +of Queen's Bench.</p> + +<p>This court opened at Sweetsburg on Friday, March 1st, 1895, but the +Assault Case did not receive special consideration until the following +week. Monday, March 4th, the Grand Jury reported a true bill against +M. L. Jenne, Jas. Wilson and John Howarth for conspiracy, and against +Walter Kelly for attempted murder.</p> + +<p>On Tuesday morning the court room was crowded so that it was +impossible to obtain even standing-room for all the eager listeners, +and many were obliged to content themselves with the little that they +could hear outside the doors. Thus was shown the great interest which +the public felt in the result of this trial.</p> + +<p>When <span class="pagenum"><a id="page165" name="page165"></a>(p. 165)</span> the names of the accused were called, Mr. Racicot, +counsel for the defence, asked in an eloquent speech that the +prisoners be allowed to sit with their counsel instead of being made +to stand for hours in the dock. Mr. Baker, Crown Prosecutor, opposed +this request, and Hon. Judge Lynch ordered that the prisoners be put +into the box.</p> + +<p>The next thing in order was the empaneling of a petit jury. It +appeared that many of the proposed jurymen were known supporters of +the liquor party, and these were, of course, objected to by the lawyer +for the Crown. In the words of <i>The Templar</i>, "It seemed as if Mr. +Baker challenged all who were known to 'take a glass,' while Mr. +Racicot challenged all known temperance people."</p> + +<p>The afternoon session opened at one o'clock. The Crown Prosecutor made +an eloquent speech to the jury, reviewing the evidence given at the +preliminary trial. The following account of his address was given in +the <i>Witness</i>:</p> + +<p class="quote"> + "He said: 'It will be an evil day for Canada when men, becoming + indignant that the machinery of the law is put in force against + them, send to Marlboro or any other place for an assassin to "do + up" those against whom their indignation is aroused.' Speaking of + the combination of circumstances that led to the <span class="pagenum"><a id="page166" name="page166"></a>(p. 166)</span> + identification of Kelly, he said: 'There is a Providence in these + things. There is an overruling power that is directed in the + cause of right.' He said regarding the character of Kelly: 'The + learned counsel for the defence will try to make you believe that + Kelly's evidence should not be accepted. The witness, Kelly, is + not one of my choosing; he is not chosen by any member of this + court. He is of the prisoners' own choosing. They could not have + procured the pastor of the first church of Marlboro, nor one of + the deacons, to do their work, but they were compelled to take a + man from behind the bar of a saloon, in a low street; one who + would take a shilling for his work, and do the job as directed by + them."</p> + +<p>The first witness examined was Mr. W. W. Smith, whose evidence was +similar to that previously given by him. He identified Kelly as the +man who had committed the assault on July 8th. The following is a part +of the cross-examination as reported in the <i>Witness</i>:</p> + +<div class="quote"> +<p>"'Do you know Peter McGettrick, of Richford?'</p> + +<p>"'I do.'</p> + +<p>"'Do you know Frank Brady?'</p> + +<p>"I do.'</p> + +<p>"'Did you tell them on the Sunday that they came to see you that + you would take your oath that the man who assaulted you was Orin + Wilson, a brother of Jas. Wilson?'</p> + +<p>"'I <span class="pagenum"><a id="page167" name="page167"></a>(p. 167)</span> did not.'</p> + +<p>"'Did you tell Jane Fay, at church, that you did not know who + assaulted you?'</p> + +<p>"I did not.'"</p> +</div> + +<p>From some of the above questions it would seem that Mr. Brady, not +content with having dismissed Mr. Smith from the service of the +Canadian Pacific Railway, was trying to aid his assailants to escape +justice.</p> + +<p>The next evidence given was that of Dr. McDonald, of Sutton, the +physician who attended Mr. Smith after the assault. His testimony was +given in the <i>Witness</i>, as follows:</p> + +<p class="quote"> + "I know Mr. W. W. Smith. I was called to him professionally on + July 8th. I found him in a dazed condition, with a bruise on the + top of his head, four or five inches in length, swollen and + contused. There was also evidence of another blow, not so long, + more in the centre of the top of his head, and another blow still + shorter and more to the right of the head, another on the side of + the neck and shoulders, and one on the hip. All these bruises I + considered serious. The appearance later was that of the + discoloration consequent upon such bruises. The bruises were such + as might have been inflicted by the weapon now in court. They + could not have been inflicted by the fist. I saw Mr. Smith that + morning, and on the night of the same day, on the following + <span class="pagenum"><a id="page168" name="page168"></a>(p. 168)</span> Monday morning, and again on Tuesday night. I then + considered him sufficiently recovered to not require medical + assistance further. I saw him afterward, but not professionally. + Death has often resulted from less blows than these."</p> + +<p>Daniel Smith, of Sutton, then gave evidence that he had seen Kelly at +Sutton on various occasions, the last time being on the evening +previous to the assault.</p> + +<p>Charles C. Dyer, of the same place, also testified as to Kelly's +identity. He said that he had seen him on the race track, at Sutton, +in July, had heard him called a horse-buyer from Boston, and had +received the impression that he had come there to look at a trotting +horse which belonged to Mr. Lebeau, the owner of the track. He had not +considered it anything strange that Howarth should be carrying him +around the country to look at horses.</p> + +<p>The next witness was Silas H. Carpenter, of Montreal, chief of the +Canadian Secret Service. He said that he had been employed to +investigate the assault case. He had been informed of a stranger who, +after staying in the vicinity of Sutton for some time, had disappeared +immediately after the assault, and decided that he was probably the +guilty party. Had learned that a man answering to the description of +this stranger was in Marlboro, Mass., and to this place <span class="pagenum"><a id="page169" name="page169"></a>(p. 169)</span> was +sent a neighbor of Mr. Smith's, who identified Kelly as a man whom he +had seen in the neighborhood of Sutton Junction previous to the +assault. The witness and Mr. Smith, after going before a justice of +the peace, and obtaining papers for the arrest of their man, proceeded +to Marlboro. At Fitchburg, Mass., a warrant was made out from the +papers which they carried, and Kelly was arrested. He consented to go +to Montreal without extradition, and there, in Mr. Carpenter's office, +related voluntarily the story which he told at the preliminary +investigation, and on this evidence the other prisoners were arrested.</p> + +<p>Mr. Carpenter's testimony was the last on Tuesday.</p> + +<p>Court opened again at ten o'clock on Wednesday morning. This was +expected to be the last day of the trial, and a large crowd was +present. Mr. J. F. Leonard, clerk of the court, was first sworn, and +testified to the bad character of M. L. Jenne, who had been indicted +on Sept. 11th, 1879, for assaulting an officer in the discharge of his +duty. The jury had found him guilty of common assault. Mr. Leonard +identified the prisoner Jenne as being the same man.</p> + +<p>George N. Galer, a constable, confirmed this testimony, and said that +he remembered having arrested Mr. Jenne at the time referred to.</p> + +<p>The <span class="pagenum"><a id="page170" name="page170"></a>(p. 170)</span> next witness was Walter Kelly. He described how the +liquor men had obtained his services, and told the story of his +arrival and stay in Canada, and the assault at Sutton Junction much +the same as in his previous testimony.</p> + +<p>He stated that once while he was stopping at Sutton it had been feared +that his presence was exciting suspicion, and he had been sent to +Cowansville for a day.</p> + +<p>He also said that after the assault he had seen Howarth at Marlboro, +and told him that he had done his work, but only received a part of +the pay, and Howarth had promised to see that the remainder was sent +him. A while after this Kelly had heard that detectives were in +Marlboro looking for him, and Flynn, the barkeeper to whom Howarth had +written at first, had advised him to go away for a few days while he +(Flynn) should write to Howarth, and learn the facts of the case. He +went away, and on his return saw a letter from Howarth which stated +that Kelly had not hurt Smith at all, and they had been obliged to pay +$30 for the use of the team which he had while in Sutton, and now the +others were "kicking" and unwilling to pay any more. Kelly said he +supposed from this letter that he had done nothing for which he could +be arrested, and, <span class="pagenum"><a id="page171" name="page171"></a>(p. 171)</span> therefore, after reading it, did not try +to hide again.</p> + +<p>After being arrested he was taken to Fitchburg, where, instead of +wasting a month in jail while waiting for extradition, he waived his +claim, and went with Mr. Carpenter, and had since remained in his +office in the care of a constable. He had told his whole story +voluntarily; Mr. Carpenter had offered him no inducements whatever. +Kelly also stated that he had not been instructed to kill Mr. Smith, +only to scare him, and give him a good "licking."</p> + +<p>Wallace B. Locklin was next sworn. He said his residence was at +Richford, Vt., where he was a notary public and attorney. He had been +appointed to take evidence in Richford on this assault case. He knew +Ford, who kept the livery stable at Richford, and had asked him to +come to his office and give his evidence. Ford refused to come, and +said, if subpœnaed, he would pay his fine.</p> + +<p>The next witness was J. P. Willey, of Abercorn, formerly of St. +Lawrence Co., N. Y. He was exceedingly unwilling to tell what he knew +of the case, and it was only by dint of very close questioning that +his evidence was obtained. He knew Jenne, the hotel keeper at +Abercorn. Had held a conversation with him in the barroom of his +hotel, when he asked Jenne <span class="pagenum"><a id="page172" name="page172"></a>(p. 172)</span> how much he had been fined for +selling liquor without a license. He replied that he had had to pay +over $90, and witness remarked that it was no outsider's business if +he sold liquor. Jenne said they could not do much with that man Smith; +they could not carry their goods over the road. The remark had been +made that Smith ought to be whipped or killed, or sent out of the +country. Witness believed that he had first suggested this, and then +Jenne had agreed with him, and asked him if he knew any one in his +part of the country who could do such a job. He would not say that +Jenne had asked for a man who would "kill" Mr. Smith. Witness +remembered having mentioned this conversation to three men, and might +have spoken of it to others.</p> + +<p>Arthur Holmes, of Abercorn, sworn, said that he had heard of the +assault on Mr. Smith. Had understood that Jenne was away when these +prosecutions began. Said they had all supposed that Smith was the +prosecutor in the liquor cases.</p> + +<p>Albert E. Kimball, a hotel keeper of Knowlton, said he knew there were +prosecutions for liquor selling. He was fined, so was Jenne, also +Wilson of Sutton.</p> + +<p>He was asked: "Do you know of any scheme to get even with Mr. Smith?" +Mr. Racicot objected to <span class="pagenum"><a id="page173" name="page173"></a>(p. 173)</span> this question. Mr. Kimball said it +had been remarked in the barroom that Smith was a "mean cuss," and +should be whipped. It was barroom talk.</p> + +<p>This is a strong testimony, coming from a hotel keeper, as to the +nature of barroom adjectives and compliments, especially when applied +to temperance people.</p> + +<p>Edward Martin, of Sutton, was the next witness. He was occasionally +employed by Wilson, and looked after his business in his absence. Was +sent for one day in August, and asked to look after the house, as +Wilson was going away for a few days. He could not say how long he was +gone.</p> + +<p>Next Mrs. James Wilson, of Sutton, testified for the defence. Her +maiden name was Etta Miltemore, and she had been married to James +Wilson eight years previous to the trial. She said she had heard of +the affair at Sutton Junction through Mr. Smith's brother, who drove +up about six or seven o'clock on Sunday morning, and told that his +brother had been assaulted the night before. On the Saturday previous +she had been with her husband at Glen Sutton, and about noon he had +complained of feeling bad. They drove to Sutton in the afternoon, and +he was sick when they reached home. Her aunt, Mrs. Vance, <span class="pagenum"><a id="page174" name="page174"></a>(p. 174)</span> +was there, and also Henry Wilson and wife. They put Jim to bed, and +doctored him, and he did not leave his room during the evening or +night. As he seemed worse about half-past one, she called Henry Wilson +and wife, who got up and remained up the rest of the night, but they +did not call a doctor.</p> + +<p>Mrs. Vance was the next witness. She said her maiden name was Annie +Fay, and she was the wife of Beeman Vance. She was acquainted with +James Wilson, and was aunt to his wife. She had gone on July 7th to +call on Mrs. Wilson, and found that she and her husband were away, and +Henry Wilson and wife were there.</p> + +<p>James Wilson came home sick. Witness remained at his house until +nearly nine o'clock, and when she left he was a little better, but +still very sick.</p> + +<p>She had known Mr. Smith for years. After the assault, she had one day +met him at church, and congratulated him on his recovery, when he told +her that he had no idea who committed the act. She said she had +frequently seen James Wilson ill, and had practised as nurse.</p> + +<p>Henry Wilson, following, said that he lived at Glen Sutton, and was +brother to James Wilson. He remembered the day of the assault, and +knew it was in the summer, but could not tell the month. He had gone +<span class="pagenum"><a id="page175" name="page175"></a>(p. 175)</span> to his father's on Saturday morning, and remained there until +the afternoon of the next day. James and his wife were away when he +reached their home, but returned Saturday afternoon. James was very +sick. About eleven o'clock witness helped undress him and put him to +bed, and about half-past one he was called up by Mrs. James Wilson. +Next morning the news came that Smith had got a licking.</p> + +<p>Mrs. Henry Wilson's testimony was a confirmation of her husband's, and +was the last given on Wednesday.</p> + +<p>More evidence was promised for the next day, and the court adjourned +till the following morning at ten o'clock.</p> + +<p>The first witness on Thursday was Peter McGettrick, Canadian Pacific +Railway agent at Richford, Vt. He said he had been the Richford agent +in July, when Mr. Smith, also, was agent at Sutton Junction. Witness +knew Frank Brady and W. W. Smith. When he heard of the assault he +informed Mr. Brady, and they went together to visit Mr. Smith, whom +they found in bed suffering from the effects of his injuries. In +conversation with them Mr. Smith told them that he did not know who +had committed the deed, but from the appearance of the man thought it +might have been James Wilson, one of the prisoners.</p> + +<p>William <span class="pagenum"><a id="page176" name="page176"></a>(p. 176)</span> Sears, of Sutton, a brother-in-law of Mr. Smith, +testified that he had been sent for by the latter on Sunday morning +after the assault, and went to him at once. Mr. Smith told him that he +did not know who was his assailant, but it was a heavy man who walked +with a peculiar gait. Witness was with Mr. Smith while Mr. Brady and +Mr. McGettrick were there, but heard no conversation such as was +related by the previous witness.</p> + +<p>James E. Ireland, telegraph operator at Sutton, who was the next +witness, said that he had been night operator on July 8th, and had +received a telegram for Dr. McDonald, asking him to come to Sutton +Junction immediately, as Mr. Smith had been assaulted. Another message +had been sent to James H. Smith, telling of the affair, and requesting +him to be on the watch. He could not produce the record of the +dispatches, but told them as he remembered them.</p> + +<p>James H. Smith, also of Sutton, a brother of W. W. Smith, was then +sworn. He said he had been notified of the assault by telegram about +two o'clock on the morning of July 8th. The message which he had +received was as follows:</p> + +<p class="quote"> + "W. W. Smith is badly hurt. Get Homer and others to watch the + roads."</p> + +<p>He <span class="pagenum"><a id="page177" name="page177"></a>(p. 177)</span> went for the man mentioned, and then learned that Mr. +Ireland had received a message asking that Wilson's hotel be watched. +No light was seen in the house there, but L. L. Jenne was appointed to +watch the place. Witness had seen Kelly four or five days before the +assault driving a team which he supposed to be Wilson's. He had +thought it strange, but could not say that he had felt any suspicion. +He had supposed the team to be Wilson's because he had noticed the +latter driving it at different times during the summer. He had seen +James Wilson the night before the assault, walking on the street +towards the post office, and Wilson had spoken to him. He had also +seen Kelly at that time with a team.</p> + +<p>Lewis L. Jenne, a clerk for the Canadian Pacific Railway at Sutton, +testified that he knew the prisoners, and was distantly connected with +one of them, M. L. Jenne, of Abercorn. He had been in the employ of +the Canadian Pacific Railway for seven years. On the morning of July +8th, at about two o'clock, he was awakened by James H. Smith and +another man, who told him what had happened. Witness had taken it as +his work to watch Wilson's hotel, but saw no light or stir about the +house. If any light had been there he must have seen it, as he had on +many nights before and since.</p> + +<p>During <span class="pagenum"><a id="page178" name="page178"></a>(p. 178)</span> cross-examination he said that he had watched the +hotel on the night in question, from a little after two o'clock until +morning. A swift horse could go from Sutton Junction to Sutton in ten +or fifteen minutes. Witness had not tried to enter Wilson's house, but +had watched outside. He had heard that the Wilsons threatened Smith, +and was quite sure he had heard it said that they were mixed up with +this affair.</p> + +<p>Walter Kelly, being then recalled, said that he had seen Wilson on +Saturday night, July 7th, between seven and eight o'clock, near +Curley's hotel, going towards the post office. He also stated that +once he had driven Wilson's team on the road where James Smith claimed +to have met him with it.</p> + +<p>This completed the evidence in the case.</p> + +<p>Mr. Racicot, counsel for defence, then addressed the jury, quoting all +the points of law which might seem to have a bearing in favor of the +prisoners, and making an eloquent plea which lasted one hour and +twenty minutes.</p> + +<p>Hon. G. B. Baker, Q. C, quoted the law on the other side, proving +quite clearly that the prisoners were deserving of punishment. He laid +great importance on the facts that Kelly's evidence had not been +contradicted, and that, while Henry Wilson had told <span class="pagenum"><a id="page179" name="page179"></a>(p. 179)</span> of +getting up at half-past one, and lighting a lamp which he said had +been left burning in the kitchen until morning, the witness Jenne had +stated that he watched the house without seeing any light, as he must +surely have done had there been one to see.</p> + +<p>Judge Lynch followed with a very earnest address which lasted about +forty-five minutes. He summed up the evidence in the case, and quoted +the laws bearing on it, reminding the jurors of their great +responsibility, and endeavoring to impress upon their minds the +importance of a righteous judgment. His speech was not at all in favor +of the accused.</p> + +<p>The jury then retired, and forty-five minutes later, when the judge +demanded their verdict, the sheriff reported that they did not agree, +and there was no possibility of their doing so that night. This was +announced to the waiting crowd, who had thronged the court room to +hear the decision. Court then adjourned, and the jury were locked up +for another night.</p> + +<p>On Friday morning, March 8th, the jury were again summoned, and stated +that they were still unable to agree upon a verdict. The judge +appeared both surprised and disgusted. In dismissing them he said: +"Gentlemen of the jury, while you have exercised the discretion which +the law allows you, I must <span class="pagenum"><a id="page180" name="page180"></a>(p. 180)</span> pronounce your decision most +extraordinary. The public are indignant that in a case where evidence +is so clear, there should be doubt or hesitation in the mind of any +intelligent man who should be summoned on a jury."</p> + +<p>Mr. Baker, Q. C., moved that a new jury be empanelled at once to +proceed with another trial. Mr. Racicot seemed willing, but Justice +Lynch postponed such proceedings until Monday, March 11th.</p> + +<p>In the meantime, on Sunday, friends of the accused and of the liquor +party in general were seen driving in the direction of Sweetsburg, and +it was thought by some that a plan might be forming to secure easy +terms for the prisoners.</p> + +<p>On Monday morning many anxious people were awaiting the issue, and +previous to the opening of court it was noticed that the crown +prosecutor was absent, and soon the counsel for defence also +disappeared. On their return, it is said, the latter wore a look of +satisfaction, while the former's courage of last week seemed to have +in some degree deserted him.</p> + +<p>When the judge had taken his seat, Mr. Racicot stated that his clients +were now willing to withdraw their former pleas of "not guilty," and +acknowledge themselves "guilty of common assault."</p> + +<p>Then <span class="pagenum"><a id="page181" name="page181"></a>(p. 181)</span> the lawyer for the Crown, who had on Friday been so +eager to proceed with a new trial at once, but who now seemed to fear +that another jury would mean only a second disagreement, assented to +this proposal; while the judge, who had given such a strong charge to +the jury and appeared so much surprised at their failure to declare +the prisoners guilty, now agreed, on behalf of the court, to withdraw +the indictments for "attempt to murder," and accept the pleas, "guilty +of common assault."</p> + +<p>John Howarth, Marcus L. Jenne and James Wilson then pleaded "guilty of +common assault," while Walter Kelly was indicted on a charge of +"committing assault with intent to murder." However, he also pleaded +"guilty of common assault," and the plea was accepted.</p> + +<p>Then Mr. Racicot, not content with what had already been gained, asked +for the leniency of the court towards the prisoners in giving sentence +for the charges to which they had pleaded guilty, and the judge +appointed to each of the four prisoners the light sentence of one +month's imprisonment in common jail with hard labor, accompanying this +sentence, however, by some very severe remarks as to the seriousness +of their crime, and the disgrace it had brought upon themselves.</p> + +<p>Thus <span class="pagenum"><a id="page182" name="page182"></a>(p. 182)</span> ended this assault case, so far as its hearing at +Sweetsburg was concerned, and the prisoners and their friends departed +from the court room well pleased with its termination.</p> + + + + +<h3>CHAPTER X. <span class="pagenum"><a id="page183" name="page183"></a>(p. 183)</span></h3> + +<h5>THE DECISIONS OF ANOTHER TRIBUNAL.</h5> + + +<p>The Court of Public Opinion is an important tribunal before which all +such affairs as this we have been considering must come for decision, +and its judgments are not always identical with those of the judges +and juries in the courts of law. Therefore, it must not be supposed +that the temperance public were at all satisfied with the termination +of the assault case related in our last chapter. On the contrary, they +were quite disappointed and indignant, although their opponents seemed +very well pleased with the turn affairs had taken.</p> + +<p>Some of the criticisms from temperance papers and people are here +given. The following comment by the Montreal <i>Witness</i> was quoted in +<i>The Templar</i> of March 22d:</p> + +<div class="quote"> +<p>"The sentence of one month in jail for each of the tavern + keepers, who pleaded guilty to having procured an <span class="pagenum"><a id="page184" name="page184"></a>(p. 184)</span> + American idler to commit an atrocious assault upon Mr. Smith, the + President of the Brome County Alliance, is probably as severe as + can be looked for in a county where a jury dare not find men + guilty. That the purpose was to commit murder, the fatal weapon + provided proves. The plea of guilty on the part of the prisoners + is a plain condemnation of the jury in failing to bring in a + verdict.</p> + +<p>"The liquor men, for the sake of whose illicit trade the Canadian + Pacific Railway Company dismissed Mr. Smith from its services, + are self-convicted at least of the most dangerous and brutal + ruffianism. Mr. Brady, who took the part of those customers of + the Company against his own subordinate, Mr. Smith, remains the + accredited authority of the Company in that section of the + country. This is a fact which should be generally known."</p> +</div> + +<p>Below is the view expressed by <i>The Templar</i>, itself, and also +repeated by the <i>Witness</i>.</p> + +<div class="quote"> +<p>"The result of the trial of the conspirators to 'do up' W. W. + Smith, President of the Brome County Branch of the Dominion + Alliance, for his zeal in bringing to justice the men who would + persist in maintaining an illicit liquor traffic contrary to the + fully expressed judgment of the people, has been a confession of + 'guilty' by the accused, and the imposition a sentence of one + month in jail at hard labor.</p> + +<p>"The confession and the facts brought out in evidence reveal the + liquor traffic in a most unenviable light.</p> + +<p>"The <span class="pagenum"><a id="page185" name="page185"></a>(p. 185)</span> plot was hatched in a barroom, a liquor seller + hired a Marlboro, Mass., bartender to do the 'job,' and he was + the guest of hotel keepers while he was spying out the land + preparatory to his murderous assault. Never was a more cool, + calculating and infamous deed wrought in this country. The + wretch, Chatelle, acted under a sudden impulse to gratify an + abnormal passion, but these wretches planned weeks ahead to 'do + up' Smith, yet such cowards were they, they dared not strike the + blow, but hired the Marlboro tool to do it for them. Jenne, + Howarth and Wilson, you are arrant cowards, and your weakness is + only exceeded by the devilishness of your malice!</p> + +<p>"These are the men who say we cannot enforce prohibition, and + undertake to make the law a dead letter. Men who will murder—no, + they lack that courage, but will hire the slugger—if they are + not permitted to carry out their work of death. Shall we make our + laws to please, or to restrain and punish such men?</p> + +<p>"Not the least ignominious feature of the trial was the failure + of the jury to convict upon the clearest evidence. Their + disagreement was rebuked by Judge Lynch, and later by the + prisoners themselves pleading guilty. The murderous assault and + the terrorizing of the jury furnish all the evidence that is + requisite to justify the demand for prohibition."</p> +</div> + +<p>The <i>Witness</i> of March 16th contained the following, giving the +opinions of certain local papers respecting the decisions of the court +in this trial:</p> + +<div class="quote"> +<p>"The <span class="pagenum"><a id="page186" name="page186"></a>(p. 186)</span> Huntingdon <i>Gleaner</i>, referring to the sentence of + a month's imprisonment passed on the defendants in the Smith + assault case, says: 'This is a most inadequate punishment. Had + Kelly put more force into the first blow he struck with his piece + of lead pipe, Smith would assuredly have been killed. The liquor + men, who were the authors of the foul deed, should have been sent + to the penitentiary.'</p> + +<p>"Referring to the disgraceful conduct of the jurors in + disagreeing, despite Kelly's confession, the Waterloo + <i>Advertiser</i> says: 'The jury might, at least, have brought in the + verdict of a Western jury that tried a man for assault with + intent to kill. After being out two minutes the jury filed into + court, and the foreman said: "May it please the court, we, the + jury, find that the prisoner is not guilty of hitting with intent + to kill, but simply to paralyze, and he done it." The trial has + been an expensive one to the Crown, and its inglorious ending + will hardly satisfy the public that the ends of justice have been + served and the law vindicated.'"</p> +</div> + +<p>The following appeared as an editorial in the <i>Witness</i> of March 27th:</p> + +<p class="quote"> + "We have received many very strong expressions with regard to the + failure of justice in the matter of the cold-blooded and cowardly + attempt on the life of Mr. W. W. Smith, the President of the + Brome County Alliance. A leading citizen of the district proposes + a <span class="pagenum"><a id="page187" name="page187"></a>(p. 187)</span> public demonstration to denounce the jury and judge + for this failure. As for the judge, as we said at the time, we + cannot see that he can be blamed much for the lightness of the + sentence upon a verdict for only common assault. So far as can be + gathered from the conduct of their representatives on the jury + the people of the district have concluded to live in a condition + of timid subjection to a band of assassins settled among them. + And not only they, but the great national railway, which passes + through their district, felt called upon, on behalf of the same + lawless crew, to heap abuse and obloquy upon, and finally to + dismiss one of its own officers for busying himself with the + enforcement of law against them. We should be greatly cheered to + think that this jury which betrayed the public safety committed + to it by law, was exceptional, and that the district could yet be + roused to vindicate law and order."</p> + +<p>In all these articles it is assumed that the reason of the jurymen not +agreeing on a verdict of guilty was their personal fear of the liquor +men. There is another possible aspect of the case which is not touched +upon by these papers, viz., that the jurors may have been friends of +the liquor party, and their disagreement may have been intended not to +secure their own safety, but to shield the hotel keepers from such +punishment as must follow a decision of guilty on the part of the +jury.</p> + +<p>We <span class="pagenum"><a id="page188" name="page188"></a>(p. 188)</span> quote here some of the communications mentioned above, +which were sent to the editor of the <i>Witness</i> regarding the +settlement of the assault case. The letter given below, signed +"Justice," was written from Sweetsburg under date of March 12th, 1895:</p> + +<div class="quote"> +<p>"<span class="smcap">Sir</span>,—The Smith assault case is concluded, but the people are + not done talking about it, by any means; and for some time to + come the privilege of free speech will be exercised on that case. + The judge in his charge to the jury on Thursday said: 'No + intelligent and right-minded jury can fail to bring in a verdict + in accordance with the testimony.' The evidence for the + prosecution proved unmistakably the guilt of the prisoners, while + the testimony for the defence was evidently manufactured for the + occasion.</p> + +<p>"The prisoners on Monday pleaded guilty to common assault. If + Howarth, Jenne, Wilson and Kelly were guilty of anything, they + were guilty of more than common assault, if ever there was a + deliberate and well-planned scheme for 'doing up' any person, + that plan was made in this instance, and the nail was clinched + when Howarth, at Richford, paid to Kelly the fifteen dollars + earnest money, which was to be followed later by the hundred and + fifty when the 'job' was done. That 'job!' Such a 'job' as that! + An assassin hired for the purpose, by villains blacker-hearted + than himself, to go in the middle of the night, armed with a + murderous weapon, to attack a defenceless <span class="pagenum"><a id="page189" name="page189"></a>(p. 189)</span> and sleeping + man, to 'do him up.' What does that mean? Who is initiated into + the mysteries of the language? Does it mean to disable him? or + does it mean to kill him? Who is safe in the discharge of his + duty and in the performance of the God-given work to which every + Christian man is called?</p> + +<p>"If the law protects a rumseller who has a license in his + business of selling the liquid poison, should not that same law + protect a man who, residing in a town where the Scott Act is in + force, prosecutes liquor sellers who are dealing contrary to the + laws? Let us have fair play! If the law is like a game of + checkers, in which, not the best man, not the righteous cause + wins, but the party wins who makes the most dexterous move, then + the least we can ask is fair play.</p> + +<p>"What have we seen in the courts during the past week? One man + arrested for stealing a dollar's worth of goods or so, and that + man jailed for fifteen months. In contrast to this case, we see + these men with their murderous schemes, deliberately planned, + attempted and partially executed, we see these men condemned to + one month's imprisonment with hard labor! What a farce is the + law! Is it any wonder that indignation is aroused in the hearts + of the conscientious and God-fearing members of the community, + and that men as they meet ask each other the question, 'Why is + this? Did the jury fear that they, too, might be exposed to a + sudden attack of lead pipe?'</p> + +<p>"If <span class="pagenum"><a id="page190" name="page190"></a>(p. 190)</span> it is cowardly to shirk an issue on a point between + right and wrong, then we certainly have moral cowards here, in + the district of Bedford. However, there is this to comfort the + heart of the right-minded citizen; punishment does not altogether + consist in the number of days spent in jail, but the disgrace to + which these men have been subjected can never be wiped out nor + removed.</p> + +<p>"The investigation of the case was thorough, and the crime proven + unmistakably against those four men. It will undoubtedly prove a + warning to others, and, we may say, to themselves also, in the + future."</p> +</div> + +<p>Another letter, written by a "Law-Abiding Canadian," and published in +the <i>Witness</i> of March 25th, is as follows:</p> + +<div class="quote"> +<p>"<span class="smcap">Sir</span>,—Many have been surprised and disappointed at the silence + that has prevailed in our newspapers since the verdict of the + jury in the W. W. Smith attempt to murder or 'do up' case. + Instead of a resolute onslaught of protests from the people + through the press and by public bodies, all is comparatively + quiet.</p> + +<p>"What is the reason of this? Is it that they are paralyzed with + surprise and horror for the time being? It surely must be so. If + not, it is time we were asking where we are and what we are + coming to. Sir, our ears are made to tingle, and our hearts are + thrilled with horror, when we read of the wild lynchings by + shooting, rope or burning, that have taken <span class="pagenum"><a id="page191" name="page191"></a>(p. 191)</span> place in the + United States. These dreadful things are reported from new States + or in old ones, where race feeling runs high, and where justice, + often handicapped by all the lawlessness and savage cruelty and + ignorance of both a home and foreign element, fails for the time + being, and we complacently say: 'It is just like the United + States. What an awful country it must be to live in!' Are we + going back to such a state of things? Has it come to such a pass + that law and justice are becoming a mockery? God forbid that it + should ever come to this, but something must be done that not + only our persons and property may be protected, but that our + belief that we have and hold in this Canada of ours that British + justice and fair play that is world-wide in its administration, + and ever the same.</p> + +<p>"There is no doubt that the brand of public opinion on these + individuals for their self-confessed and clearly proven guilt, if + they have any conscience left, will be terrible, and make them + bury themselves away forever from the community and public that + their acts have horrified. But the matter must not end here. A + great wrong to an individual and society has been done, and the + public may well ask who will it be next; and whose person or + property is safe if such lawlessness is allowed to go unpunished. + Let the lawkeepers be heard from in a way that will make our + lawmakers enquire into our jury system, and devise some way to + prevent the miscarriage of justice and consequent grievous wrong + done to individuals and the people."</p> +</div> + +<p>The <span class="pagenum"><a id="page192" name="page192"></a>(p. 192)</span> following from "One of the W. C. T. U.," appeared in the +Home Department of the <i>Witness</i> of March 23d:</p> + +<div class="quote"> +<p>"<span class="smcap">Dear Editor Home Department</span>,—Though I enjoy reading the Home + Department, I have never before written anything for it, as + writing is not my forte, but I feel almost compelled to send this + to express my indignation at the light sentence passed on those + three men in the Smith assault case. I think it perfectly + outrageous that they should get off so easily. Such a crime, + perpetrated in cold blood; even a man hired and brought from a + distance to do the diabolical work! Ten years in the penitentiary + for each of them would have been quite light enough. But to give + them one month at hard labor, they might about as well have let + them go free. If Mr. Smith had been killed I wonder if they would + have got two months? It seems to me this is the way to encourage + crime. How is it that for so much lighter crimes, so much heavier + sentence is often pronounced? Is it because the people are afraid + of the liquor men? It seems like it.</p> + +<p>"I am heartily thankful that the <i>Witness</i> stands up so nobly for + truth and right. I know I will see a scathing article from the + editor on this very subject. I hope it will do all the good he + intends it to do.</p> + +<p>"We may be sure of one thing, and that is the liquor men never + did the cause of prohibition so much good before. Their brutality + in this case will likely <span class="pagenum"><a id="page193" name="page193"></a>(p. 193)</span> win many to our cause who + would otherwise not have joined us."</p> +</div> + +<p>The following protest, signed "A Lover of Right," was published in the +<i>Witness</i> of April 5th:</p> + +<div class="quote"> +<p>"<span class="smcap">Sir</span>,—Would it not be feasible to have a public meeting in the + matter of the gross miscarriage of justice in the case of the + would-be murderer of Mr. W. W. Smith, of Sutton.</p> + +<p>"Shameful as of late years the decisions of some juries and + judges have been, never has a more shameful acquittal been known + in this Canada of ours. One man gets six months for stealing an + ash barrel, probably really ignorant that it was not anybody's + who chose to take it; another man 'one month with hard labor,' + that man by his own confession a would-be murderer. But that such + sentence should be allowed without public protest! Surely the + soul of righteousness is dead in a people if it be so."</p> +</div> + +<p>Now that the assault case was settled, in spite of its unsatisfactory +termination, the temperance people found the expenses connected with +it, which amounted altogether to more than $1,200, remaining for them +to settle.</p> + +<p>It was decided to ask the government at Quebec to assume these costs, +or a share of them, and accordingly Mr. Carson, Secretary of the +Provincial Alliance, <span class="pagenum"><a id="page194" name="page194"></a>(p. 194)</span> wrote to the government requesting its +help; but, no reply being received, arrangements were made for a +delegation to wait upon the premier. This was done on April 24th, the +Alliance representatives being Mr. R. C. Smith, Mr. S. J. Carter, Rev. +J. McKillican and Mr. J. H. Carson. The case was clearly stated, and +the provincial government, of which all the members were present, was +asked to bear a portion of the expenses. The delegation acknowledged +that the proper course would have been to leave the matter in the +hands of the attorney-general at first, yet, although this had not +been done, as the temperance people, considering this affair of much +more than individual interest, felt themselves morally bound to see +that these expenses were paid, and not to leave all the burden upon +the shoulders of Mr. Smith; and as, at a recent Provincial Alliance +Convention, it had been decided that this was a matter which concerned +the temperance people of the whole Province, the delegation asked in +the name of the temperance people of Quebec that the government assume +the expenses connected with the vindication of justice in this case. +Mr. Carter stated that, although he had no authority to say so, he +thought if the government paid Mr. Carpenter's bill, which amounted to +about $800, the <span class="pagenum"><a id="page195" name="page195"></a>(p. 195)</span> temperance people would consent to raise the +remainder.</p> + +<p>The attorney-general, Hon. Mr. Casgrain, said he thought this might be +done, and without any further assurances the Alliance representatives +withdrew.</p> + +<p>Later the government consented to pay $500 of the costs only, and the +balance remained to be cancelled by the temperance public.</p> + +<p>The assault case is now ended, and lies some time in the past, and in +these hurrying times an event of a few seasons ago is usually soon +gone out of thought and interest. Probably no such affair has ever +happened in the Dominion, or at least in the Eastern townships, which +has stirred the depths of so many hearts, and continued in interest +for so long a time as this assault and the circumstances connected +with it. And now shall we relegate these matters to a position among +the dim memories of the almost forgotten past, and let them gradually +slip away from our thoughts? Even in these times of changing and +forgetting, there are events which, by a few, are not soon forgotten, +and which leave a lasting influence for good or evil upon some hearts +and lives. Shall it not be so in this case? Will not we long remember +the dark plotting of Brome County's lawless liquor sellers, the +desperate attempts to carry out their <span class="pagenum"><a id="page196" name="page196"></a>(p. 196)</span> evil plans and the +partial success which attended their efforts, and shall not the memory +bring fresh zeal and energy to every son and daughter of temperance in +the land?</p> + +<p>We find in this assault case a very marked example of some of the +fruits of intemperance. We see here the evil thoughts, the loss of +conscience, and the desperation that makes men shrink not from the +darkest deed within their reach if by this they may further their own +interests or gain revenge upon one who has opposed them. All these are +the attendants and followers of strong drink in every clime.</p> + +<p>From the history of these deeds of darkness in Brome County we may +learn, also, the power possessed by the liquor party,—the dread +influence that can prevail upon a great corporation to dismiss an +employee who has previously been satisfactory, and that can frustrate +the ends of justice, and obtain its will in a court of law.</p> + +<p>From these facts let us take warning, and, with an increased knowledge +of the terrible work of strong drink and the powerful influence of the +party that supports it, a stronger sense of the great need of willing, +earnest workers who will "battle for the right in the strength of the +Lord," and a new realization of our own personal responsibility, let +us work so faithfully for <span class="pagenum"><a id="page197" name="page197"></a>(p. 197)</span> God and humanity against the +powers of evil, that the grand result of these dark plots that were +formed by outlawed liquor sellers in an illegal barroom shall be the +adding of many fresh recruits to the ranks of those whom they wished +to destroy. And whenever we have an opportunity of defeating these +enemies of good and taking from them some of their ill-used power, let +us strive, lest the victory be theirs, to give a strong majority on +the side of right.</p> + +<p>In this way may the plans of Satan prove instruments in the hands of +the Lord that shall work for his glory and the good of his creatures.</p> + +<hr class="small"> + +<p>It may be well to add here a few words by way of explanation, as +mention is several times made in this book of the future taking of a +Dominion Plebiscite. At time of writing it was supposed that this book +would be in print long before the vote was taken, but for various +reasons its publication has been delayed. On September 29th, 1898, the +question of the liquor traffic was submitted to the people of Canada, +and a considerable majority was given for Prohibition. Quebec, alone, +of all the Provinces, failed to declare against the traffic, but even +here there are some bright <span class="pagenum"><a id="page198" name="page198"></a>(p. 198)</span> spots, prominent among which is +the county where this Dark Plot was enacted, which gave a majority for +Prohibition of 529. As this is considerably more than that formerly +given for the Scott Act, it is evident that the liquor men of Brome +are not gaining ground by dark plots or any other means.</p> + +<p>By this Plebiscite, the prohibitionists of Canada have been given a +privilege never enjoyed by any other nation, and they have used it +well, but now the work is just begun. Let them not rest content until +the end for which they have voted is realized, and then the +coöperation of temperance people will be needed if the law is to be +well enforced.</p> + +<p>There is still much we all must do if we would see our country freed +from the curse of strong drink, and let prohibitionists take courage +from the victory already achieved, and with renewed zeal press the +battle to the gates.</p> + + + + + + + + +<pre> + + + + + +End of the Project Gutenberg EBook of The Story of a Dark Plot, by +A.L.O. C. and W.W. Smith + +*** END OF THIS PROJECT GUTENBERG EBOOK THE STORY OF A DARK PLOT *** + +***** This file should be named 21285-h.htm or 21285-h.zip ***** +This and all associated files of various formats will be found in: + http://www.gutenberg.org/2/1/2/8/21285/ + +Produced by Fox in the Stars, Christine P. 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C. and W.W. Smith + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + + +Title: The Story of a Dark Plot + or Tyranny on the Frontier + +Author: A.L.O. C. and W.W. Smith + +Commentator: J.H.F. Sutton + +Release Date: May 4, 2007 [EBook #21285] + +Language: English + +Character set encoding: ASCII + +*** START OF THIS PROJECT GUTENBERG EBOOK THE STORY OF A DARK PLOT *** + + + + +Produced by Fox in the Stars, Christine P. Travers and the +Online Distributed Proofreading Team at http://www.pgdp.net + + + + + +[Transcriber's note: Obvious printer's errors have been corrected, all +other inconsistencies are as in the original. Author's spelling has +been maintained.] + + + + + THE + STORY OF A DARK PLOT; + + OR, + + TYRANNY ON THE FRONTIER. + + + By A. L. O. C. + + + + + BOSTON: + THE WARREN PRESS, + 160 WARREN STREET, + 1903. + + + + +Entered according to Act of Parliament, in the year one thousand eight +hundred and ninety-eight, by W. W. SMITH in the Office of the Minister +of Agriculture and Statistics at Ottawa. + +[Illustration: W. W. Smith, Sutton, P. Q.] + + + + +PREFACE. + + +For precept must be upon precept, precept upon precept; line upon +line, line upon line; here a little and there a little.--(Isa. xxviii. +10.) + +This is a divinely appointed rule to which we will do well if we take +heed, as it will save from many disappointments and discouragements. + +The writer of "The Story of a Dark Plot" has no hope by this work of +revolutionizing society or even working any very marked reforms. Books +and essays on temperance topics are numerous, and this is but one +among many. However, it is hoped that this may prove one of the lines +and precepts that are of some service to the cause. There is always +need for those who are on the right side of any important question to +unfurl their banners and show their colors bravely, but just now, in +connection with the temperance movement in our Dominion, there is a +very special call for action presented by the Plebiscite. + +We sometimes read on the pages of fiction exciting and blood-curdling +tales of deep laid plots for murder and other crimes, but just when +our feelings are being aroused to the highest pitch, we pause and +comfort ourselves with the thought that after all this is only +imaginary. + +Or perchance, we may read the truthful details of a more or less +successful attempt to end the life of a fellow being, but if we are +unacquainted with the persons concerned in the affair and the +circumstances which led to it, and especially if it happened some +distance from us, we feel but little interest in it. + +Again we find in the records of the past that thousands have suffered +and many died in a really good cause,--the victims of depraved and +brutish persecutors who hated what was good. We cannot doubt the truth +of the statements nor the innocence of the sufferers, but we may be +tempted to complacently remark "the martyr age is past." But if we +look about us with unprejudiced eyes, we must see that the sufferers +for conscience sake are still not a few. + +The details of the dark plot as given in these pages are all matters +of fact, and perhaps if all the particulars could be known, it might +seem blacker even than now. Moreover, it happened in an old and +progressive county of Eastern Canada, just across the border from New +England, and Mr. Smith had incurred the anger of his persecutors only +by trying to enforce law and order and working for the protection and +uplifting of his fellow-men. + +In view of such facts, let the voters of our Dominion pause ere they +give their sanction to a system which throws around the makers and +venders of alcoholic liquors the protection of the strong arm of the +law. + +That this volume, by showing the liquor party in its true light, and +thus warning our countrymen of their position and danger, may be the +means of arousing some who, though temperance people at heart, are +sleeping on guard, and of adding a few to the ranks of active workers +for the cause of right, is the earnest prayer of + + THE AUTHOR. + + + + +INTRODUCTION. + + +The publication of this book has been with the approval of some of the +best thinkers on the temperance question, and we doubt not that its +_careful_ perusal by all who read it will prove a stimulus in +connection with the cause of temperance, and if they are timid or +hesitating will cause them to become decisive in the noble work for +humanity. It is a well-known fact that the grand old County of Brome +is one of the banner counties in every thing which is helpful to the +cause of morality, and we hereby offer a fraternal hand to all our +co-workers in the Dominion, and pray God's blessing may rest on every +effort put forth that, whatever may be the private opinion they may +entertain respecting the course pursued by the government, in order to +ascertain the minds of the people on the prohibition question, they +may not only pray right, but when the time presents itself may vote +right. Notwithstanding the fact that a majority of the inhabitants of +our county are true to prohibition principles, yet a minority would +not hesitate, if possible, to repeal the Scott Act, as was evidenced +in the dark plot which was enacted in our midst, but which could not +be carried out until a rough from another country was hired to commit +the murderous assault, which was made on Mr. W. W. Smith, one of the +most earnest temperance workers in the Province of Quebec, President +of the Brome County Alliance for five terms in succession, and who is +actively engaged in sustaining the Scott Act in our county, and saving +from the sad consequences of the traffic the tempted and the fallen. + + J. H. F., + SUTTON. + + + + +THE STORY OF A DARK PLOT; + +OR, + +TYRANNY ON THE FRONTIER. + + + + +CHAPTER I. + +PREVIOUS EVENTS WHICH LED TO THE ASSAULT. + + +There are few communities, however small, that have not been aroused +and stirred into action, by some uncommon event, or where opposing +parties have never rejoiced, and mourned over a triumph of one at the +other's expense, and often have men and women, unappreciated by the +many, bravely suffered for their fidelity to a good and beloved cause. +Thus the little County of Brome has been stirred to the depths of its +soul by the actions of contending parties, and especially by a +deliberate attempt to hinder the work and destroy the life of a +law-abiding citizen. Mr. William W. Smith, the hero of this dark +plot, was a native of the county which had always been his home, and +had been during about fifteen years the Agent of the Canadian Pacific +Railway Company at Sutton Junction. During those years, he had been a +man of the world, fond of pleasure, and not objecting to a social +glass, and it is not surprising that, amid all the temptations of +railroad life, he had already felt the awful power of an appetite for +strong drink. But he was led to see his danger and to flee from it, +largely through the influence of his beloved companion, a faithful +Christian, who rests from her labor, and her works do follow her. +Breaking his bonds by the power of God, he became not only a +temperance man, but a Christian, and in his great joy and gratitude +for his own salvation was filled with a desire to warn and rescue +others, whose feet were treading the same slippery paths. He then +began holding Gospel Temperance Meetings, as he had opportunity in +many places mostly within the County of Brome. This county has long +held an honored position as being one of the leading temperance +counties in the Dominion of Canada, because during many years no +license to sell intoxicating liquor as a beverage has been granted +within its borders, and a temperance law known as the Scott Act had +been in force for eight years previous to 1893, when the second +attempt was made by the liquor party to obtain its repeal. Like the +serpent in the Garden of Eden, the liquor sellers of the present day +are remarkable for their subtility, and many are the innocent victims +entangled in the meshes of the net woven by their deceptive tongues; +therefore, it need not seem strange that they should display great +power and influence, even in a so-called temperance community. In the +spring of 1893, the liquor party in Brome, having decided that they +had been troubled by an anti-license act quite long enough, sent out +their agents to various parts of the county with innocent looking +papers to which they wished to obtain signatures. They called upon all +the known supporters of their party, and also upon that doubtful class +of persons which sometimes proves to be among their best helpers, +although counted as temperance people. To this doubtful class they +carefully explained that the petition they bore did not ask for the +repeal of the Scott Act, but only requested that an election be held +for the purpose of bringing the matter before the people, and +determining their minds upon the subject. Therefore, they were told +the signing of this petition was in no way equivalent to voting +against the Scott Act, nor would they be bound to vote against that +Act if an election was brought about. Many names were appended to the +petition, the desired election took place, and very hard did the +liquor men work to obtain a result that should favor their cause. + +However, not all the faithful work was on their side. A few temperance +speakers came from distant places, and held many interesting meetings +in different parts of the county, but perhaps the most efficient work +was done by people living in the county, who in many cases seemed to +possess greater influence than strangers could exert. Mr. J. W. +Alexander, at that time Principal of the Sutton Model School, added +more recruits to the ranks of earnest workers by organizing a number +of his pupils with a few other young people into a band which, under +the name of the "Young People's Temperance Crusaders," did good work +during the ensuing weeks. Older workers were admitted into the society +as honorary members, and the officers were chosen from among these. +One of the honorary members was Mr. W. W. Smith, who was also one of +the Committee appointed to accompany the younger members and aid them +in their meetings, and no one worked harder to retain the Scott Act +than he. He took an active part in nearly every Crusade meeting, and +on evenings, when the Crusaders were not thus employed, held other +temperance meetings, thus occupying nearly every night during three or +four weeks in the heat of the campaign. Not content with this, he +worked and argued by day as well, and, associating his work with +prayer, did not cease from his efforts until, on June 16th, 1893, the +polls were closed and the victory for God and the temperance cause was +won. The hotel-keepers and their confederates had gained that for +which their petition has asked, but plainly they were far from +satisfied with the result of the contest, and many were the curses +pronounced upon Mr. Smith as one of the most active opposers of their +cherished plans. Now the vote against them was greater than ever +before, yet they were not content to abide by the voice of the people +which they had seemed so anxious to obtain, but practiced the illegal +sale of alcoholic drinks until nearly, if not quite, every +hotel-keeper in the County of Brome was known to be boldly and +frequently breaking the law. A great cry of the liquor men while +attempting to repeal this law had been "The Scott Act is all right if +you would only enforce it; we don't want a law which is not carried +out," and it was now the wish of those who had sustained the Act to +prevent any further complaints like this. Therefore, on the evening +of Feb. 26th, 1894, a public meeting was held in Sutton to discuss the +circumstances and form plans for work, and at the close a society was +organized to secure the enforcement of the Scott Act in the township +of Sutton. Mr. Smith, who had been instrumental in bringing about this +conference, was a member of the Executive Committee of the Society. + +One of the leading temperance organizations of Canada is that known as +the Dominion Alliance, which is divided and sub-divided into +provincial and county branches. When, on April 25, 1894, the Brome +County Branch of the Alliance held its annual meeting for the election +of officers, Mr. Smith was chosen its President for the ensuing year. +Here was field for increased usefulness, and he took up his work with +a zeal that soon won the disapproval both of the liquor party and a +certain class of so-called temperance people whose principal work for +the cause usually lies in criticism of the work of others. + +Soon a public meeting of the Alliance was announced by the new +President to be held at Sutton, and a large number of people gathered +in the hall on the evening appointed. Many speakers addressed the +audience, and told in no uncertain words that the law must be enforced +and offenders must be punished. It had not been deemed best to +prosecute the liquor sellers without first giving them a fair and +public warning, and therefore this meeting had been called; but now +that they were notified of the intentions of the temperance people, if +detected in dealing out the liquid poison, they had only themselves to +blame. True to these announcements, Mr. Smith and others proceeded at +once to obtain satisfactory evidence of the traffic in strong drink +which was known to be taking place in the various hotels. This was by +no means a slight task, for though the liquor sellers were not willing +to keep the law, they were entirely willing to preserve the appearance +of so doing, and very loath to sell liquor in the presence of a +stranger, while the testimony of their regular customers could not be +relied on. However, the task was done, and the evidence gathered was +sufficient to condemn nearly every hotel-keeper in the county to +imprisonment or a fine. On June 6th, these cases were considered in +the District court, at Sweetsburg, Quebec, and punishment was meted +out to the offenders. In some instances where the offences merited +imprisonment a fine was allowed instead, and this was accepted by the +Alliance President, who believed that justice should be tempered with +mercy. This bit of leniency, however, was not taken into account by +the liquor sellers in considering his treatment of them. They appeared +to have altered their opinions as to the enforcement of the law, and +their anger waxed hot, while many, often ranked with the temperance +people, were in sympathy with them. Divisions occurred in temperance +societies, because some of the members had friends who were made to +suffer by the imposing of fines on the lawbreakers, and members of +secret brotherhoods, who felt it their duty to uphold their brethren +in good or evil, complained of the injustice of thus depriving the +hotel-keepers of the property they had earned; some even declaring +such transactions to be on a par with the meanest theft. Meanwhile the +liquor sellers and their allies, who had already by the recent trials +been shown to be a company of lawbreakers, seemed to be forming plans +of their own. Many dark whispers floated through the county to the +effect that W. W. Smith had better look out for his personal safety, +and some declared with an air of wisdom that they would not like to be +in his position, while a suspicious looking stranger, said to be a +horse buyer, was noticed by some to be frequenting the hotels at +Sutton and Abercorn, and attending the horse races in the vicinity. +However, Mr. Smith had not the spirit of fear, and believing, as he +said, that "the Lord will take care of his own," he continued as usual +to go from place to place on errands of temperance, or any other work +which he felt claimed his attention. + + + + +CHAPTER II. + +THE MIDNIGHT ASSAULT. + + +Thus matters went on until the night of July 7th, 1894, when Mr. Smith +drove out from his home and returned somewhat late. After caring for +his team he went into the station. It was afterwards told that some +young men had noticed a stranger at the depot that night, who had +appeared to be waiting for a train but had not gone away on any. After +the crowd at the station had dispersed, and the inmates of the +building had retired, as there was little night work to be done, Mr. +Smith went into his home in the station, where his brother's family +were then living with him, and having obtained a pillow for his head +went back to the waiting-room, where he lay down upon a settee and +dropped asleep. + +An article published in the Montreal _Daily Witness_ soon after this +so well describes some of the circumstances which cluster round the +events of that night at Sutton Junction that we give some parts of it +here. It says: + + "The liquor selling ruffians will descend to any warfare however + dastardly and mean when forced by law to a standstill. There is + something in the sad business that degrades every one in it. This + time it is liquor sellers in Brome County that are indicted. Mr. + W. W. Smith, President of the Brome County Branch of the Dominion + Alliance, is also the station agent at Sutton Junction for the + Canadian Pacific Railway Company. As president of the Alliance he + represents the temperance element of course, and that is the + element determined to carry out the law against liquor selling. + Mr. Smith represents them in this. In doing so he is certain to + make enemies. He has been assiduous in his duty, and has been + threatened several times. These threats did not keep him from + actively participating in efforts to secure the conviction + recently of several lawbreaking liquor sellers in Brome, some of + whom were convicted, and have had sentence suspended over them + pending their good behavior. On Saturday night, Mr. Smith took + the night operator's place, arranging that the latter should take + his place on Sunday. After securing everything for the night, Mr. + Smith lay down on the sofa, never dreaming that any evil was to + come to him." + +Instead of copying the account of the assault which follows the above, +we will describe the facts as nearly as possible as they have been +related by the victim himself. + +[Illustration: Station at Sutton Junction, Place of the midnight assault.] + +It was between one and two o'clock on Sunday morning, July 8th, when +Mr. Smith was attacked by the cowardly miscreant who has thus made +himself notorious. We say "cowardly," because when a large, strong man +who carries arms and is a professional fighter, as he appears to have +been, attacks a man who is weaponless and not more than two-thirds his +size by giving him a stunning blow upon the head while he is asleep, +there is clearly no evidence of heroism on the part of the man who +makes the assault. Yet this was what Mr. Smith's brave assailant did! + +After receiving the first blow, Mr. Smith felt a strange sensation as +though he were taking a long, happy journey, and he thinks he was +aroused by his assailant attempting to drag him from the settee. As a +train was going by before daylight, it is the opinion of many that his +intention may have been to leave his victim stunned upon the railway +track, that the locomotive might complete the frightful work which he +had begun. At least, he doubtless intended by some means to guard +himself from suspicion and leave Mr. Smith entirely unable ever to +identify him. When he saw that the object of his brutal attack was +arousing he struck him a second time, but this blow not having the +effect of the former one, Mr. Smith, who was now fully conscious, +although he could not see clearly, grappled desperately with his foe. +He saw a long weapon of some sort waving fiercely above his head, and +now and then received a blow from it, while his assailant was +constantly dragging him nearer the door, and he struggling to remain +in the room fearing the villain might have associates outside. Mr. +Smith was all the time shouting "murder," as loudly as possible, but, +his mouth being filled with blood, he was unable to make himself +clearly heard, and his calls brought no assistance. At length, being +somewhat weakened by the blows he had received, he was dragged outside +in spite of his efforts to remain within, but still no one came to the +help of either himself or his antagonist. The two men, still +struggling desperately, passed on from the upper to the lower platform +without the station, and thence to the railway track below, and +finally back to the lower platform. Then Mr. Smith got possession of +the weapon which his assailant had been wielding, and the last hope of +his enemy seemed to vanish with the loss of that, for, freeing himself +from the grasp of the man whom he had thought a few minutes before was +entirely in his power, he disappeared in the darkness, and fled up the +track in such haste that he did not even stop for his hat, which was +found by some one upon the platform next morning. The weapon which he +left in Mr. Smith's possession proved to be a large piece of lead pipe +well battered and bruised, near one end of which was attached a short +piece of rope, apparently intended to be slipped around the wrist of +the user so that the weapon might be concealed up his sleeve. + +Mr. Smith, having seen his enemy retreat, hastened to the part of the +house where his brother's family were sleeping, and thence to the +other part where a Mr. Ames and family lived, and aroused the inmates +of both apartments, who were very much surprised and alarmed at +thought of the frightful scene which had been enacted so close to the +apartments where they were calmly sleeping. However, there was one +brave man, a train hand, who was sleeping above the scene of the +assault, who declared that he had heard the blows when given, but did +not go down to learn the cause as he "did not want to mix up in it," +and was afraid he might get hurt. There are far too many people who +display the same disposition when others within their reach are in +danger or in need of assistance. When the people of the house were +awakened it seemed already too late to capture the retreating +criminal, but Mr. Smith's injuries were attended to, and a message +sent at once by telephone to Sutton for a physician. The bruises +proved to be very severe, and it seems to be a modern miracle that +life itself was spared. + +The article from the _Witness_, part of which we quoted above, after +describing the assault, says: + + "A good deal of indignation is felt by the law-abiding people not + only of Sutton Flats, but of the county, and it is hoped that + every effort will be made to discover the perpetrator. The + woollen cap and slung-shot should give a clever detective a good + clue to work upon. Some time ago, at the public meeting called to + discuss the liquor question, Mr. Dyer, M. P. for the county, said + that the authorities had been twitted by the liquor men for not + enforcing the Scott Act. That reproach might have been justified + in a measure at least, as there was some doubt as to the opinion + of the people in its favor. But in 1893 the liquor men had + appealed--and perhaps it was well they did so--to the county, to + decide whether that law should be enforced or not. The county had + declared against the liquor men. Now the time had come when this + majority should stand at the back of the officials, and all + should endeavor to enforce the law. Mr. Dyer's remarks at the + time were taken to represent the desire of the law-abiding people + of Brome County. In carrying out this idea, Mr. Smith, they + contend, was simply doing his duty, and it is expected that in + doing it he had the majority of the people of the county with + him." + +This brutal assault, made upon a law-abiding citizen by one whom he +had never injured in any way is a fair sample of the fruits of +intemperance wherever found. There are those who have seemed loath to +believe that Mr. Smith's strong temperance convictions and his +activity in carrying them out were the real causes which led to the +bitter hatred that inspired this fiendish act. They seem to think it +impossible that "respectable (?)" citizens of a temperance county +should attempt in such a reckless, lawless way to prevent opposition +to their traffic in strong drink. But what is there incredible in +this? When we consider that traffic in strong drink means a trade in +the souls of men, women and children, and in innocence, virtue and +hope; when we remember that the bartender daily takes from his +customers the price of food, clothes, health, respectability and all +that he has of real value in the world, and gives him in return +nothing but liquid ruin; when we know that the rumseller's business is +a sort of wholesale murder continually, inasmuch as by it millions of +lost souls are sent into eternity annually; in view of all these +facts, why should we be surprised when the liquor sellers of a +community plan together to rid themselves of one who has vigorously +opposed their dangerous work? It is only another form of the same +business. + +The disclosures following the assault upon Mr. Smith convinced many +people of the evils of the liquor traffic, and some who had favored +and pitied the hotel keepers when they had been fined for lawbreaking +now turned against them, feeling that they could no longer uphold +their deeds. Meantime, some of the hotel keepers of the vicinity gave +evidence of their guilt by disappearing from the locality very soon +after the assault took place. + +The investigation of the affair was placed in the hands of S. H. +Carpenter, Superintendent of the Canadian Secret Service, and +detectives were at once set at work upon the case. Either Mr. +Carpenter or one of the men under his direction was constantly in the +vicinity, seeking to obtain clues by which to determine the guilty +party. One man, who lived near the mountain pass between Sutton and +Glen Sutton, declared that, early on the morning of July 8th, he had +seen two men pass his house driving very rapidly and going in the +direction of the latter village, one of the men having no hat, but +wearing a cloth around his head. Of course this story had an air of +significance inasmuch as the assailant of the previous night had left +his hat at Sutton Junction, but it did not prove to be of much +importance. It was soon settled in the minds of many that the +stranger whom we have mentioned as having been frequenting the hotels +at Sutton and Abercorn had been the wielder of the lead pipe on July +8th, but his name and whereabouts were not to be obtained, as he had +been sailing under false colors during his stay in the country, and +those who were initiated into the secrets of the case, of course, kept +silence. + +At length, Mr. Smith received a letter from a woman in Vermont, who +had formerly been employed at one of the hotels in the vicinity of the +assault, and soon after he met this same woman at Sutton, and her +evidence was a great aid towards locating the assailant. She knew +nothing about the pretended Boston horse-buyer, who had apparently +forgotten the object of his northward journey and disappeared without +having purchased any of the Canadian steeds, but she remembered an +American having once stopped for a time at the hotel where she was +then working, and from the description given it seemed that he might +be the same man. The one whom she described she said came from +Marlboro, Mass., and thither a man was soon despatched in search. It +proved that the man to whom she had directed Mr. Smith was not the one +in question, but in searching for him the real perpetrator of the +crime was found, as he chanced to be also a resident of Marlboro, +Mass. Having located his man, the gentleman in search returned home, +leaving in Marlboro a Canadian detective who should keep watch of the +man until Mr. Carpenter went there. However, when Mr. Carpenter, who +was accompanied by Mr. Smith, reached the place, the man whom they +sought had already been lost track of by the detective, but after a +few days Mr. Smith saw him in company with several others, and at once +identified him as being the man whom he had seen in the vicinity of +Sutton Junction previous to the assault, and also as having the form +and gait which he had noticed his assailant to have when he had +watched him fleeing from the scene of his cowardly attack. Soon this +man was captured at Hudson, Mass., a place about five miles distant +from Marlboro. He was arrested by Chief of Police Skully of Hudson and +Policeman Hater of Worcester, and taken to Fitchburg. The name of this +young man who had apparently come very near being a murderer was +Walter W. Kelly, and he had been a bartender in Marlboro, which +probably made him feel more sympathy for his Canadian brethren when +their liberty to sell intoxicants was interfered with. + +While at Fitchburg, Kelly was advised to yield himself up and go +freely to Canada with Mr. Carpenter and Mr. Smith, because, he was +told, they were determined to have him at any cost, and, if he made +them the trouble and expense of extraditing him, he would only be +obliged to lie in jail a much longer time before his trial could take +place, whereas the sentence of punishment would doubtless be just as +severe in the one case as in the other. + +Acting in the spirit of this advice he gave himself up into the hands +of Detective Carpenter and went with him to Montreal, where he +acknowledged his guilt, and also told that he had been hired to do the +deed by John Howarth, a young man who lived with the hotel keeper at +Abercorn, and that James Wilson, one of the hotel keepers at Sutton, +had driven the team which carried him to and from the Junction on the +night of the assault. + +Mr. Smith, who had also accompanied Mr. Carpenter to Montreal, at once +returned home, and, having notified a number of his friends and +procured a constable from Knowlton, Que., went in company with several +others from Sutton to Abercorn, on Saturday night, August 25th, for +the purpose of arresting Howarth. On a Saturday night also, just seven +weeks previous, a smaller company of men had gone from Sutton in the +opposite direction, not to arrest a guilty man, but to assault an +innocent man, not in the cause of right and justice, but of wrong and +injustice. But now it seemed that the tide had turned! + +The little company of "friends of temperance" surrounded the Abercorn +hotel, and the constable, going to the door, called loudly to Mr. +Jenne, the proprietor, who was doubtless in the land of dreams. Mr. +Jenne, who appeared to be somewhat suspicious, was loath to open his +house at that unseemly hour, and demanded his visitor's name; but the +constable, giving a fictitious name, enquired for John Howarth, and +when that individual made his appearance, he was at once arrested in +the name of the Queen. Seeing the people outside, neither he nor Mr. +Jenne dared resist, and, being assured by the latter that he would +soon have him free again, Howarth accompanied the constable to the +jail at Sweetsburg, feeling, doubtless, much less pleased with his +future prospects than he had felt when planning by violence and +bloodshed to frighten the temperance people into submission or +silence, and leave himself and his congenial associates free to drink +and sell as much liquor as they chose. Thus Satan may sometimes appear +to his servants as a very good master when they serve him faithfully, +and accomplish his designs, but when they fail to carry out some of +his cherished plans and find themselves in danger and trouble, as a +result of their zeal in his service, then he proves a very poor sort +of comforter. Better far to serve a Master who will not forsake His +followers in time of need! + +A few days later an attempt was made to arrest James Wilson, who had +left the hotel at Sutton, and was thought to be staying at Glen +Sutton, his former home. This expedition is so fully described by an +article in the Montreal _Daily Star_ that we quote from it here. The +two local guides mentioned in this report were W. W. Smith and his +brother, H. S. Smith. The account, dated August 31st, is as follows: + + "A mysterious midnight expedition left Richford Station, Vermont, + a little after twelve this morning, and disappeared in the gloomy + shadow of Mount Sutton. The party was composed of Superintendent + Silas H. Carpenter of the Canadian Secret Service, a _Star_ + reporter and two local guides. The object of the expedition was a + search for James Wilson and M. L. Jenne, hotel keepers of Sutton + and Abercorn, for whose arrests Carpenter held warrants. These + men are accused of being the conspirators who organized, aided + and abetted the arrangements for the attempted and nearly + successful murder of W. W. Smith, the President of the Brome + County Temperance Alliance, who for some time has been like a + thorn in the side of the Brome County hotel keepers, because, by + insisting upon the enforcement of the law, to wit, the Scott Act, + he spoiled their profitable liquor trade. The excellent means of + communication in the counties of Missisquoi and Brome, by + telephone and otherwise, necessitated the greatest care in + keeping the purpose of the trip secret, especially because the + entire county seems to be situated too dangerously near the + American border line for officers of the law to take any chances, + and, accordingly, the ground had to be reached from Sweetsburg in + a round-about way. It was with grave apprehension that the + officers of the court and the citizens of that town let our small + party depart on what to them appeared a most dangerous errand; it + seemed perfect folly to them that Detective Carpenter alone, with + only a _Star_ reporter, should thus attempt to 'beard the lions + in their dens'--and on a very dark night, too! + + "Why, they said, when the constable from Knowlton went to arrest + Howarth, another of the alleged conspirators who lives in the + same vicinity, last week, he surrounded the house with a cordon + of twenty men. They said, besides, the Wilsons were known as a + fighting family, who would never allow a member to be arrested + easily. As to Jenne, no two men would be able to prevent him from + slipping out of the house and escaping. As it turned out, Mr. + Carpenter had, in a measure, a greater success than even he + anticipated. Since the arrest of the man Kelly, who was hired to + do and perpetrated the act of assault, those who were interested + in the plan of getting rid of Mr. Smith have evinced a really + remarkable preference for the air across the line, and a score of + residents of this vicinity more or less connected with Brome + liquor interests have emigrated to the neighboring towns of the + United States, hoping that they may not be extradited. Mr. + Carpenter's little excursion cost a good many people beside + himself their night's rest. The first house where Wilson was + supposed to be was searched at about three this morning, and + three other houses were subjected to a similar process within the + next two hours. At the last place Wilson's parents, wife and sick + child were found; but they pleaded utter ignorance of the head of + the family's whereabouts. There is little doubt but that he is in + hiding in the States. Jenne's hotel, at Abercorn, was visited + about six, and he, too, was in the States. But Mr. Carpenter gave + Jenne's son such convincing proofs that his father would be + extradited anyhow, and that his staying away would only be + considered an acknowledgment of guilt, that the old man was sent + for and decided to come to Canada without trouble. It is known + that the confession of Kelly, now under arrest, implicates, + directly and indirectly, a dozen or so of well-known people + around here. There is a promising prospect for penitentiary terms + for several of them." + +[Illustration: The General Manager of the General Manager--Grip.] + +In the above account is given evidence of both the guilt and cowardice +of these hotel keepers. When men concoct plans of evil which they +dare not execute in person, and then hire a foreigner to carry them +out, it is not strange if they prove too cowardly to face justice when +their part in the crime has been made known. It is little wonder if +they seek a foreign clime, but more strange that they do not hide for +shame after their fear of punishment is lessened. Is it because they +find too many sympathizers at home? + +Let those who doubt that this crime was undertaken because of the +temperance principles of its victim search the records of other +localities for parallel cases. Many earnest men and women have +suffered for the same cause. Satan never yields a foot of ground +anywhere without fighting vigorously to retain it, and no important +reform was ever inaugurated but it met with strong opposition from the +first. + +The more important a reform also, that is to say, the more it is +opposed to the rule of the powers of darkness, the more bitter the +persecution is likely to be which meets it at every step. Witness the +fierce opposition to the spread of Christianity in the early centuries +and the persecution which has almost always followed its introduction +into a new, neglected region. The temperance reform has been no +exception in this respect, and as a leading temperance worker has +said: "The martyr-roll of temperance is just as sacred as that of any +other reform that was ever inaugurated." + +This same worker, Mr. J. C. Nichols, gives a sketch in this connection +which may be of interest to the readers of this narrative. It is of a +young man in New Orleans--a young man pure and earnest, such as the +world everywhere has need of. He was a zealous temperance worker, and +had met with considerable success in this work, which lay so near his +heart. One dark night, alone and unarmed, he was crossing a bridge +beyond which lay a clump of bushes. When he reached these bushes he +was confronted by six men with weapons who lay in ambush waiting for +him. They sprang out and shot him, and, not content with that, bruised +and battered his features beyond recognition. And then his noble +mother wrote to Miss Willard, President of the World's W. C. T. U., +that she had yet two boys left, and she had rather they would die as +he had, fighting for the right, than that either of them should turn +aside to the right hand or the left. + +These six men, attacking one defenceless temperance man, displayed the +same spirit of cowardice as their northern brethren show when they +hire a stranger to do the work for them. They had greater success +attending their efforts, but probably there was no more hatred or +revenge in their hearts than was in the hearts of the Brome County +liquor sellers when they sent to Massachusetts for a prize fighter to +come north to injure and perhaps kill a Christian temperance worker. + +Through the providence of God, the plans of these men do not always +succeed, and when they do the real victory is often for God and the +right rather than for them, because no right-thinking man or woman can +but oppose them and their business when they see such fruits of the +traffic. North or south, the nature and effects of intemperance are +ever the same. + + + + +CHAPTER III. + +THE AUTUMN COURT. + + +The Autumn Court of the District of Bedford was opened at Sweetsburg, +Que., on Thursday, August 30th, 1894, and at this session the Sutton +Junction Assault Case was considered. The lawyers in charge of the +case were H. T. Duffy, on behalf of the Alliance, and E. Racicot, on +behalf of the accused hotel keepers. The court room was thronged each +day with eager listeners, and much interest was evinced both by the +temperance and anti-temperance people. + +The following account of proceedings at court and other matters +relating to the assault case is from _The Templar_, a temperance +paper, published in Hamilton, Ont., and a large part of this +description was also published in the Montreal _Daily Witness_: + + "The excitement in Brome County, Quebec, over the arrest of + several prominent liquor sellers on the charge of conspiring to + murder Mr. W. W. Smith, President of Brome County Temperance + Alliance, increases as the developments are becoming known to + the public. According to the evidence, there remains no longer + any question that Mr. Smith's devotion to Prohibition, and + particularly his determined stand for the honest enforcement of + the Scott Act, which is in force in that county, made him a + shining mark for the vengeance of the men whose trade and profits + were so seriously affected thereby. The confession of Walter + Kelly, the assailant, that he was employed to 'do up' Mr. Smith + because he was a man who gave the hotel keepers much trouble, and + had to be thrashed, as well as the payment of money by Mr. Jenne, + proves the animus of the assault, while the general evidence + indicates a wide-spread conspiracy, embracing others than the + accused, to cause the diabolical crime. The publicans of Brome, + and, indeed, the liquor traffic as a whole, lie under the + terrible suspicion of sympathy with this crime. It is not beyond + the traffic. Its record is traced in blood as well as tears. _The + Templar_ is quite ready to believe that there are men in the + business who would shrink with horror from the very thought of + engaging in such a deed of blood, but the assault upon Mr. Smith, + of Sutton, is the natural fruit of the damnable business, and + those exceptions have not been wholly dominated by the genius of + the traffic. What cares the liquor seller who suffers while he + thrives? The excitement centres at Sweetsburg, where the court is + engaged in hearing the evidence against James Wilson and M. L. + Jenne, hotel keepers at Sutton and Abercorn, who are charged + with conspiring to murder Mr. Smith. The preliminary hearing + began last Friday morning. People had come from all parts of the + surrounding country, and several newspaper people from across the + line, male and female, were on hand. + + "The Magistrates occupying the bench were Messrs. C. H. Boright + and G. F. Shufelt; Mr. H. T. Duffy was prosecuting attorney, with + Hon. Mr. Baker as counsel. Sheriff Cotton was also present. The + prisoner, John Howarth, was represented by Mr. E. Racicot, and + was in court. + + "Howarth is an American, and still a young man. He is closely + shaven, and wears his hair cropped short. He came here about + three years ago, with a stallion worth about $1000, in which he + owns a half interest. The man who owns the other half still lives + in the States, and by means of tedious litigation has been trying + to get his share. This man at present lives with the Jennes, at + their hotel at Abercorn. He is one of the principal figures in + the case, because he, it is said, was the man to whom the entire + management of the attempted murder was entrusted. + + "Mr. Smith is a medium-sized man, with a heavy blonde mustache, + and is a fluent talker, who evidently is very much in earnest in + his temperance work. He seems to possess the lives of the + proverbial cat; but many people here prophesy that they will not + be of avail to him much longer--meaning thereby that the liquor + men will yet be the death of him. This does not seem to worry him + much, however. + + "Kelly is a well built man, a little over medium height, with + dark brown hair, restless, dark eyes, and a small mustache, + turned to a needle point at each end. It cost a great deal of + time and trouble to locate him; once nabbed, he turned Queen's + evidence. + + "Mr. W. W. Smith was the first witness. His testimony consisted + in a description of the assault as our readers are already + familiar with it. He narrated how he had warned the hotel keepers + against breaking the Scott Act, on pain of prosecution, and how, + by interposing on their behalf, he had saved many of them from + prison. He concluded his evidence with a description of Kelly's + attempt to murder him. Every eye in the court room was fixed upon + Walter Kelly, the man who committed the murderous assault, as he + entered the witness box. It was generally known that he had + turned Queen's evidence, and would tell a thrilling story. He + took the situation very coolly, and after explaining that he had + been a bartender in Marlboro, Mass., gave the following + testimony: + + "'Some time before the end of June last, I was shown a letter by + a man named Flynn, which requested him to come or send a man to + do a job, and it was stated that there was good money in it. The + letter was written by a man named Howarth, who resides at + Abercorn, P. Q., in the county of Brome. Neither Flynn nor myself + paid much attention to this letter, as we did not understand the + meaning of it. About the end of June, the same man showed me a + second letter, which he had received from Howarth, also + requesting him to send a man on the next morning to do a job + connected with the liquor business, and he asked me to go, as + there was good money in it--about two hundred dollars--and I + agreed to go over. He then instructed me to go to a man named + Willard, whom Howarth had instructed to give me the money to pay + my way, or give me a ticket. I went to Willard, and told him that + I was going to Canada to do a job for some parties there; that + Howarth had sent for me to call on him for the money to buy the + ticket to go there, and that he would repay him. Willard gave me + ten dollars, and I bought my ticket, and came on to Abercorn. I + started towards the hotel there, when Howarth drove up, + recognized me, and asked me to get into his wagon. He drove me to + Jenne's hotel, and there introduced me to Mr. Jenne as a Mr. + Stewart. While at the hotel, Howarth told me he had sent for me + to thrash a fellow named Smith, who lived over at Sutton + Junction. He said that he was a mean cuss who drank all his life, + would drink whenever he got the chance, was all the time running + after the women and, to cover up his deviltry, he goes round + preaching temperance, and raising the devil with the hotel + keepers. They wanted to chase him away and get him out of the + business. Howarth went on to say that Smith, who is station + master at Sutton Junction, was so mean that people cannot ship + goods to that station without their being opened, looked over and + their contents reported to the temperance people. They had, he + added, reported Smith to the company, and his discharge had been + ordered. I asked Howarth what about the money for doing this job, + and he answered, "Don't fear; everything is fixed, and you will + be well taken care of." In the afternoon, Howarth took me to + Sutton, and we called at Curley's hotel, and went from there to + Lebeau's, where he introduced me to a man named Lebeau, who owns + a race course, as a Mr. Stewart, a horse buyer from Boston. I + then rode with Mr. Lebeau and drove his horse, staying round + there until the evening, when I went back to Curley's hotel, and + had supper. I did not pay for it, and was not asked to pay. I + went to Sutton, purchased a ticket for Richford, where I met + Howarth in the afternoon by agreement, received fifteen dollars + from him and had a long conversation regarding the job I was to + do, after which Howarth went back to Abercorn. I, however, + remained over night at Richford, and next morning took the train + for Sutton. I then went to Mr. Wilson's hotel, and remained there + for two or three days. They asked me no questions in regard to my + board bill, they did not seem to care whether my bills were paid + or not, and they were never paid by me. I remained there until + the horse race at Knowlton, to which I went with Mr. Wilson, and + where I expected to meet Howarth with a team for me to use, but I + did not find Howarth at Knowlton. I left Knowlton the same night, + and rode back to Sutton, to Wilson's hotel, with a man whom I met + at the races. A day or two following, I was supplied with the + team, which was fed and cared for free of charge at Curley's and + Wilson's hotels. This team was supplied me for the purpose of + driving to and from the Junction in order to meet Smith. The + night I committed the assault on Mr. Smith my team was at + Curley's hotel until 9 o'clock in the evening, when I ordered it + to be harnessed. I then started for the Junction, and on the way + I met a man a short distance out of the village, whose name I do + not remember, but I would probably recognize him if I saw him + again. I was supplied with a disguise of clothing, which was put + into my buggy when the team was sent to me. I do not know who put + it there, but Howarth gave me to understand that it would be + there. + + "'Some talk transpired between myself and the parties engaged in + this matter as to what weapon I should used to beat Mr. Smith, + when it was suggested, I think by Howarth, that a piece of lead + pipe would be a good thing, and when I opened the bundle, I found + a lead pipe in it. I saw that it was a piece of new pipe, and I + battered it to give it an old appearance. There was also a new + hat in the bundle. When this man got into my buggy, I drove to + Sutton Junction, where I waited for Mr. Smith. After our arrival + there, and until I had committed the assault on Mr. Smith, the + man who drove with me from Sutton kept the team waiting for me + about one hundred rods from the station. I saw Mr. Smith arrive + at the depot about 10.30 P. M., and after putting the team up, he + went into the station with four or five men. I watched Mr. Smith + until all the men had left, the last two going north on an + engine, after which I saw Mr. Smith lie down on a settee. After + some time I entered the room, where he was lying, and struck him + over the head with the pipe, which was in my possession. His head + moved on the pillow, and when he started to rise, I struck him + again. We then clinched, and had quite a severe struggle during + which I lost my hat and the lead pipe. I then freed myself from + Mr. Smith, and disappeared, running to where the team was waiting + for me. We drove direct to Sutton, where the fellow jumped off, + and I kept on to Richford, where I left my team at the American + hotel, telling them that it would be called for. On the way to + Richford after having committed the assault, I called at Jenne's + hotel, Howarth having told me that on my way back the money would + be left with Jenne to pay me. When I arrived there I called to + him, and after a few minutes he came, and I asked him if there + was some money there for me, and he said, "Yes," and at the same + time he went back and brought out fifty dollars, which he gave + me. I asked him where the rest of the money was, and he said: + "Only a part of it had been collected; give me your address, and + we will collect it and send you a money order." This money order + I have never received. At Richford I hired a team and drove to + what I thought was about half way to St. Albans, where I stayed + all day Sunday, and took the night express for Boston. The bay + horse and open buggy, with yellow running gear, were furnished me + by Howarth a few days previous to the assault. The team was + engaged by Jenne at the livery stable in the rear of the American + House, Richford, and the young man who drove the team on the + night of the assault was young Jim Wilson. He left me at Sutton, + and I was instructed to leave the team at the Richford livery + stable above mentioned, which I did, and the same livery man whom + I asked for another team to drive me to St. Albans, or a part of + the way, hitched up a team and sent a man with me whose name I do + not know. When I drove up to his place that Sunday morning, I + awoke him and said that I had brought back his horse which I had + been using for the last few days, and I also told him that this + party would settle for it, and he replied, "All right."'" + +In this testimony of Kelly's we see the evidence of a preconcerted +plot in which many liquor men, both Canadian and American, must have +been initiated. It is an important fact also that the man entrusted +with the execution of their lawless plans was himself a bartender. +From the evil account of Mr. Smith's deeds, which Kelly says was given +to him on his arrival in Canada, it appears that the enemies of +temperance are not contented with taking the property of their +fellow-men as they often do in different ways, they are not even +satisfied with inflicting bodily injury and suffering upon those who +oppose their ways, but they would blight their reputation, and this, +too, is no small injury, for in the words of Shakespeare: + + "Who steals my purse, steals trash; 'tis something, nothing; + 'Twas mine, 'tis his, and has been slave to thousands; + But he that filches from me my good name, + Robs me of that which not enriches him, + And makes me poor indeed." + +The announcement also that the liquor men had reported their enemy to +the railway company, and that his discharge had been ordered, is +significant in the light of later events. The complaint made by them +to the company seems from the above to have been that Mr. Smith was +examining goods shipped into the county by way of Sutton Junction, and +this, we are assured, was a false report. However, it seems probable +that, if the hotel keepers had not been receiving illegal goods in +this way, they would not have been so suspicious. Another account of +Kelly's testimony was published in the Montreal _Daily Star_. Omitting +those parts which do not differ materially from the report in _The +Templar_, this report is as follows: + + "The reason that Kelly did not get his hundred and fifty dollars + for half murdering Mr. W. W. Smith, it appears, was 'that he did + not half finish his job;' at least that was the reason given in + another letter of Howarth to his friend Mr. Flynn in the United + States, who showed it to Kelly. It is left to the imagination as + to what the result would have been if he had finished the job. + Kelly's testimony occupied all the afternoon, and he stood the + ordeal extremely well. Mr. Racicot tried to shake him, but in + vain. He told his story in a straightforward manner, and it + showed how easy it is even in our present civilized and advanced + age to get rid of or punish people without running personal risk + of bodily injury if you go the right way about it. The case is + also a forcible reminder of the truism that the laborer is worthy + of his hire, and that things done on the cheap are apt to turn + out badly.... + + "That night he drove in the vicinity of a friend's home, where he + was told that Smith was not at home. He went with the intention + of seeing Mr. Smith. If he had met him he would have licked him + then and there. He always stayed at the Wilson's, when he had + nothing better to do, and they did not charge him anything. He + was convinced that the Wilsons, though they did not say so, knew + perfectly well what he was doing. Kelly met Smith once at the + Sutton Junction station while he was on the train. The night of + the attempted murder he asked Jim Wilson to drive him. Wilson + must have know what Kelly was going to do, for the latter + undressed while they were driving together, and put on the + disguise, and Jim Wilson must have seen him put the lead pipe in + his pocket. Wilson waited for him with the rig, while the drama + in Smith's station-house took place. Kelly then rehearsed the act + himself, varying but little in the story from the version given + by Mr. Smith. The remainder of the story finished.... + + "When he was half way to St. Albans he sent the Richford team + home and hired another on the road. He took the train at St. + Albans to Boston, and from there returned home to Marlboro. He + met Howarth at Marlboro afterwards, and Howarth said that he + would see about the money. He then spoke to Howarth's friend + Flynn and the latter wrote. In reply he got back a letter from + Howarth, in which the latter said: 'Kelly did not half do his + job, and all the others are kicking at me.' At any rate, Kelly + did not get his one hundred and fifty dollars. Mr. Racicot then + took him in hand and tried very hard to tangle him up. He + commenced by trying to break down the force of the evidence of + the letters, which Kelly claims Howarth has written, and which + Kelly claims he had seen. Of course he had to admit that he could + not swear they were written by Howarth. Next, his efforts were + directed to words trying to prove by Kelly's testimony that the + assault was not a murderous one. Partly to protect himself, + partly because he believed it the truth, Kelly then was compelled + to testify that he was not asked and had not undertaken to kill + Mr. Smith. He never told any one that he had, and did not intend + to kill him or do him serious injury. The murderous-looking gas + pipe club on exhibition on the Judge's Bench gave this part of + the testimony a rather sarcastic tinge. In continuing, he got + Kelly to say he did not think he had hurt Smith seriously, but + simply that he had fulfilled his contract. It came out that, + while living in Marlboro, Kelly was a barkeeper, and was seen + drinking with others in a hotel. There is apparently a good + opportunity for missionary service of the sort Mr. Smith delights + in in Vermont. He was asked to go into lengthy details as to how + he was arrested, brought from the States by Mr. Carpenter and + treated while in his custody, and said that he expected to take + his chances on being sent to jail or penitentiary. When his + testimony was finished a wrangle took place between opposing + counsel as to whether or not prisoners should be admitted to + bail. Mr. Duffy opposed in so far as Howarth was concerned, + because he was an American, and because once at liberty he would + approach the other conspirators and frustrate the ends of + justice. Finally Howarth was remanded till Wednesday. Jenne was + allowed out on nominal bail, and Kelly remanded to the custody of + Mr. Carpenter. Some more arrests and some more verbal and very + interesting documentary evidence is promised for Wednesday." + +[Illustration: Walter K. Kelly, Marlboro, Mass.] + +The statement of Kelly that he did not intend to kill Mr. Smith, and +was not asked to do so, has a decided look of absurdity when viewed in +the light of the various circumstances surrounding the assault. If he +simply intended to "lick" Mr. Smith, why did he attempt it in such an +unfair and cowardly way? Why did he, when the object of his assault +was asleep, attack him with a weapon which might cause death? And why, +having such an advantage over his victim, did he begin at once to +pound his head? This is a very dangerous way to administer a whipping! +Moreover, if the hotel keepers of the vicinity only wished to have Mr. +Smith pounded, it seems strange that not one of their number was +willing to undertake the task himself. Or, if not, why did they not +hire some ruffian who could be induced to give almost any man a +pounding for a smaller sum of money than that promised to Walter +Kelly, and, besides, might have supplied his own necessary outfit, and +save them the trouble and expense of providing board, team, weapon and +disguise of clothing. + +Again, the liquor men should have known that such a course would not +be likely to help them very much, for any man who is sincerely in +earnest and seeks the prosperity of a good cause, will not be likely +to stop his work because of a slight pounding. There are many things +in this world not easy to understand or explain, and this affair seems +to be one of them, but, of course, it is a lawyer's business to work +for the interests of his clients, and prisoners usually consider it +their privilege, when in the witness box, to work for their own +safety. + +The testimony of Mr. Smith, which had been begun on Friday, and had +given place to Kelly's evidence when he arrived from Montreal, was +resumed on Wednesday, Sept. 5th, when the case was again considered in +court. The following report of Wednesday's proceedings was published +in the Montreal _Daily Witness_: + + "The preliminary enquiry into the Sutton Junction attempted + murder case was resumed this morning before Messrs. C. H. Boright + and G. F. Shufelt, J. P.'s. The court room was crowded, and much + interest was evinced in the progress of the case. Mr. W. W. + Smith, continuing his evidence, described his struggle with + Kelly. The first blow rendered him partially unconscious, and + apparently was not repeated for two or three minutes. A second + and third blow was given with the lead pipe, but, owing to his + having clinched with Kelly, they did not have the effect of the + first. During the struggle, both men got out on the station + platform, and eventually rolled from the upper to the lower one, + Smith all the time calling out 'murder,' and Kelly breaking loose + ran away. He was positive that it was Kelly's intention to kill + him, not merely to give him a beating. + + "He recognized the lead pipe as the weapon Kelly used, and also + the hat was the one he left behind in the station. + + "He went to Marlboro on August 25th, and identified Kelly, whom + he saw drinking with three other men at the bar of the Central + House. + + "He travelled from Fitchburg to Montreal with Mr. Carpenter, and + was present in the former's office, when Kelly acknowledged to + having committed the assault. + + "Two other witnesses testified to having seen Howarth and Kelly + together at Sutton, on May 24th, where it was given out that the + latter was from the United States, and was buying horses. It was + also in evidence that Kelly was seen at Curley's hotel, Sutton, + on the evening that the assault was committed." + +After these witnesses were heard, the case was put over until Spring, +to be considered and decided by the Court of Queen's Bench, which was +to be held at Sweetsburg, in March, 1895. Kelly, Howarth and Jenne +were committed for trial at that time. Jenne was released on bail, and +application was made for bail to be granted for Howarth also. This was +refused by the magistrates, and Mr. Racicot then applied to the Judge, +being opposed in his application by Mr. Duffy, the lawyer for the +Alliance. + +Judge Lynch carefully considered the matter in its social and legal +aspects. + +He brought up several cases in the history of the country in which +application for bail had been refused, recited the general principles +which had governed the various judges in making these decisions, and +concluded his remarks thus: + + "It only remains for me now to apply these general principles, + which have received the sanction of our highest courts, to the + present case, and cannot better do so than by asking myself the + questions which were submitted by Judge Power, as being the basis + of his conclusions in the Maguire case. + + "What is the nature of the crime charged against Howarth? Is it + grave or trifling? It certainly is not trifling, it is one of the + most serious known to our law, being nothing less than an + accusation of an attempt to commit murder. 2d. What is the nature + of the evidence offered by the prosecution, and the probability + of a conviction? I prefer not to discuss or consider now the + strength of the evidence which was adduced before the + magistrates, to which alone I can look. It apparently presents a + strong case, and if it is believed by the jury, and not rebutted + by other evidence, it would, in all human probability, lead to a + conviction. 3d. Is he liable to a severe punishment? Yes--to + imprisonment for life. In face, therefore, of the answers which I + am obliged to give to the foregoing questions, I cannot hesitate + as to my duty in this matter. It is important in the public + interest that Howarth should be present in court, and stand his + trial on the charge preferred against him, and nothing can or + should be allowed to interfere to prevent this from taking place. + + "It might possibly be otherwise were bail allowed, and I cannot + take the responsibility of such an occurrence. The application is + refused." + +From these words of Judge Lynch we see clearly how very serious a +matter this assault case must have seemed to him at that time. After +this decision Kelly was again placed in custody of Mr. Carpenter, and +returned to Montreal, where he was kept in prison, while Howarth +passed the winter in Sweetsburg jail. + +Meantime, some of the members of the liquor party took advantage of +the excitement which this assault had caused by trying to frighten +other temperance people. One man, Allen C. Armstrong, living in the +neighborhood of Sutton Junction, who had been an aid in the work of +locating Kelly, awoke one morning to find upon his doorsteps a +miniature coffin, which bore an ominous inscription, giving his name +and the record of his death (without date), and calling him a "Sutton +Junction detective." Also, anonymous letters were reported to have +been received by two men in the same vicinity, viz.: N. P. Emerson, +Vice-President of the Alliance for the township of Sutton, and J. C. +Draper, President of Brome County Agricultural Society, who was also a +member of the Alliance, bidding them beware lest they also suffer in +the same manner as Mr. Smith. + +It may have afforded a degree of satisfaction to a certain class of +people to thus add fuel to the fire already kindled by the liquor men, +but their cause will certainly never triumph through any such acts as +these, for there will always be some in the ranks of the temperance +party who will be willing to work the harder the fiercer roll the +flames of opposition. + + + + +CHAPTER IV. + +PROS AND CONS OF PUBLIC OPINION. + + +As may be supposed this assault case became the subject of a great +deal of discussion and controversy, not only in the vicinity of its +occurrence, but also in places far distant, and among people who had +no personal knowledge of any of the parties especially concerned in +it. If the assault upon Mr. Smith had been committed for almost any +other reason than the one which really led to it, it would probably +have caused less intense feeling than it did. But an assault of such a +serious nature, made on account of a man's temperance principles and +practices, appealed to the public sense of right, and seemed the +signal for a war of pens and tongues between the opposing parties of +temperance and inebriety. Very few of the latter party proved brave +enough to have their opinions submitted to the press (or else the +press would not accept them), but doubtless those opinions were freely +expressed in private. + +We purpose devoting this chapter to a few of the views of societies +and individuals respecting this affair, as they were published in the +columns of certain newspapers. The following from _The Templar_ shows +the feeling of the Alliance in a border county to that in which the +deed was committed, as expressed just before the opening of court: + + "The Missisquoi County Alliance, at a meeting held August 28th, + passed the following resolution, which was unanimously adopted + amid applause: '_Resolved_, That this County Alliance now + assembled desires to record its deepest sympathy with Mr. W. W. + Smith, President of the Brome County Alliance, in the recent + outrage perpetrated upon him by the emissaries of the liquor + traffic. We rejoice to know that there is a prospect of the + speedy bringing to justice of the perpetrators of that assault. + We also desire to record our high appreciation of the valued + services to the cause of prohibition in this section by Mr. + Smith, and trust that he may long be spared to continue his + heroic efforts to free our country from the ravages of strong + drink.'" + +The following resolution was adopted by the executive of the Quebec +provincial branch of the Dominion Alliance, at a meeting held in the +parlors of the Y. M. C. A., in Montreal: + + "That this Alliance records its profound sympathy with Mr. W. W. + Smith, President of the Brome County Alliance, in the recent + murderous assault made upon him, resulting from his earnest and + successful efforts in the cause of law and order in the County of + Brome, and this Alliance trusts that full justice will be meted + out to the perpetrators of this atrocious crime." + +The letter given below appeared in _The Knowlton News_ of Oct. 12th, +1894, under the heading "A Few Words on the Other Side:" + + "To the Editor of _The News_: + + "SIR,--In the discussion of a case which has and is now agitating + this good County of Brome, that spirit of British fair play which + has attained to the dignity of a proverb has been lost sight of + to a marked degree. I refer to the alleged assault on Mr. W. W. + Smith, at Sutton Junction, in July last. The Dominion Temperance + Alliance and its friends are doing their best, by means of the + press and otherwise, to poison the public mind in advance of the + trial against the party who is charged with procuring the assault + on Mr. Smith, and also against divers other persons in the county + who are said to be his accessories, charging them with the + commission of a grave crime without a scintilla of reputable + evidence on which to base such a charge. This, I say, is not fair + play, and those guilty of the unfairness need not find fault if + lovers of justice refuse to follow them in their raid on men and + characters, or by silence lend strength to the unwarranted + assumption that each and every one of those so flippantly + accused are guilty from the word 'go,' and must be pilloried in + public and private, and subjected to the shame and embarrassment + arising from these attacks on their character, as law-abiding + citizens and legal subjects of Her Majesty. + + "There is a limit beyond which self-constituted conservers of + public morals must not go; and good men should not be brutally + attacked in public by agents of the Alliance on the strength of + the admissions of a fellow, who, if he tells the truth, is one of + the meanest rascals that ever cumbered the earth. I refer to the + fellow Kelly, Mr. Smith's self-confessed assailant. + + "I offer nothing in defence of lawbreakers, nor would I, if I + could, do aught to mitigate in the least degree the punishment + that may be meted out to the person who wantonly assaults a + peaceable citizen, but candor and strict impartiality force me to + refuse to accept as truth all the rubbish of tergiversation with + which this agitated Smith case has been surrounded by the + intemperate zeal of professed temperance men. I believe in + temperance, and if those who knowingly violate the law against + the sale of intoxicants are brought to judgment and punishment, + they get but what they deserve, and all good men will applaud the + vindication of the majesty of the law. But we are scripturally + enjoined to be 'temperate in all things.' This applies as well to + words as to the use of stimulants, and the grossly unfair attacks + on men's characters by certain of the Alliance emphasize the + necessity for a strong curb on that unruly member, the tongue, + which has brought many a good man and worthy cause into grave + disrepute, and made them enemies where otherwise they might have + had friends. + + "This whole Smith business has a 'cheap John' flavor, which makes + careful men view it askance. Who witnessed the assault on Smith? + Nobody. He tells of being struck three times on the head with a + piece of lead pipe, weighing some four pounds, and has in + evidence the terrible weapon. Did his person bear evidence of the + murderous assault? No. All who saw him in the early morning + following the alleged assault were surprised that he bore no + marks of the terrible struggle for life through which he claimed + to have passed. Why, one blow from such a weapon as he exhibits + would have crushed his head as if it were an egg shell, yet he + claims to have sustained three blows, and is alive to tell of it! + Shades of Ananias and of Munchausen! + + "But it were useless to pursue the subject further. + + "It is to that spirit of fair play so characteristically British, + and to which we are proud heirs, that I would appeal. Everything + is being said and done to prejudice the public against those who + are accused of instigating Kelly to the assault on Smith; but, + singular as it may seem, Kelly is patted on the back and called a + good fellow. Why? Admitting the truth of Kelly's story, is he + less guilty because he had confederates? A strange feature of the + case is that Kelly willingly came back to Canada, when + extradition would have been about impossible. + + "He was taken to Montreal instead of to Sweetsburg, and was there + royally entertained instead of being put in close jail. While in + Montreal he was interviewed,--and by whom?--the Crown prosecutor? + No; but by Smith and his counsel, Mr. Duffy. Meantime, several + so-called 'detectives' were scouring the country for evidence. Of + what? They had Smith's assailant, and he had told his story. + Those whom he charged as being instigators of his crime were + attending to their business, and might have been apprehended + within twenty-four hours after Kelly's arrest in the States. Then + what were the detectives seeking?--what were they after? That + $1000 reward was in sight, and this may have been the inducing + cause of this prowling. + + "It would seem to 'A man up a tree' that there are certain + revenges to be completed--sundry old grudges to be satisfied, and + the Crown is asked to assist in this questionable work. Those + familiar with the matter say that in our broad Dominion there are + no better conducted hotels than those to be found in the Eastern + townships. They are well kept, and the travelling public is most + hospitably entertained, well fed and comfortably lodged. A + well-conducted hotel adds to the strength and business character + of a village, and a faithful landlord is expected to furnish + guests certain necessities, one of which may be liquor. + + "And because he does this should he be reviled, and persecuted, + and driven out of business? That liquor is a great evil, no one + can honestly deny, and being such, and being beyond the power of + man to destroy, let us do the next best thing--curb and control + the evil in the best manner possible. + + "A dozen wrongs will never make a single right, and the wrongs + that are being committed in this Smith case have appealed to one + who believes in + + "_Brome, Oct. 8th, '94._ FAIR PLAY." + +The following comments appeared in an editorial in the same paper: + + "It is impossible to shut one's eyes to the ill-feeling that is + growing throughout the County of Brome, and spreading itself over + the district, as a result of what is known as the Smith assault + case. Hitherto, only one side of the case has found an echo in + the public press, but to-day we open our columns to a + correspondent who expresses in moderate language the sentiments + of those who think there is something to be said on the other + side. We commend his letter to the attention of our readers + without in any sense committing ourselves to the writer's + conclusions. Everybody must feel sorry for the misfortunes of Mr. + Smith, and if, as it is alleged by some, he has allowed his zeal + to get the better of his discretion, he is not the first man who + has been carried away by a superabundance of enthusiasm, or who + has suffered therefor. Mr. Smith's friends will try to make a + martyr of him. We doubt that they will succeed." + +If, as the Editor of _The News_ seems to consider, "the sentiments of +those who think there is something to be said on the other side" are +expressed in the above letter in "moderate language," how must those +views sound when expressed in the most forcible terms of angry barroom +parlance? Let us thank God that we are not compelled to hear these +opinions when thus declared, nor even to see them made known through +the press. + +It is said in the above note that Mr. Smith's _friends_ would try to +make a martyr of him, but it was doubtful if they would succeed. We +think the Editor of _The News_ is mistaken in this, it was Mr. Smith's +_enemies_ who appeared desirous of making a martyr of him, and they +very nearly succeeded; but, through the providence of God, he is still +in the ranks of temperance workers. We are told that "one with God, is +a majority," and more than one in Brome County are true to the right, +therefore, the liquor party with all their efforts are still in the +minority there. In the next issue of _The News_, dated Oct. 19th, +appeared the following replies to the above epistle from "the other +side:" + + "To the Editor of _The Knowlton News_: + + "SIR,--In regard to the communication in your issue of October + 12th, over the signature of Fair Play, your correspondent says: + + "'This whole Smith business has a "cheap John" flavor, which + makes careful men view it askance. Who witnessed the assault on + Smith? Nobody. Did his person bear evidence of murderous assault? + No. All who saw him in the early morning following the alleged + assault were surprised that he bore no marks of the terrible + struggle for life through which he claims to have passed. Shades + of Ananias and Munchausen!' + + "Mr. Editor, here we have the substance calling upon the shadows. + As one who visited Mr. Smith on the morning following the + assault, I assert that Fair Play makes a direct departure from + the truth. I challenge Fair Play to give the name of a single + reputable individual who now will corroborate his assertion. Such + a statement is in direct contradiction to the sworn testimony of + our respected fellow-citizen, R. T. Macdonald, M. D. Mr. Smith + was visited on the following morning by scores of people, and + they saw upon his person the evidence of a violent and brutal + assault. Many of the visitors expressed their determination to + see fair play, and their willingness to subscribe, which they + subsequently did, to a fund to bring the guilty party or parties + to justice. Fair Play need not worry about the slandered + characters of the hotel keepers of this county. Their characters + are in their own keeping, just as the characters of merchants, + mechanics and ministers are in theirs. If the parties who are + accused of complicity in this affair are innocent, they will have + the opportunity of proving themselves so. + + "And why should not your correspondent exercise that spirit of + fair play, the lack of which he so much deplores in others, and + not make the useless attempt to impeach Mr. Smith's veracity in + the case of this assault. Such an attempt is both useless and + senseless, for within an hour or two of the assault he was under + the professional care of one of the most eminent and reputable + physicians of the Province, who surely would at once have exposed + any imposture. + + "Even Fair Play would be willing to see an assaulter punished, + but seems to have made a discovery which, singular to say, in + nearly three months of intervening time no one has yet thought + of, namely, that no assault was committed. + + "The cheap John part of this affair is in Fair Play's letter, in + which in one breath he professes to be a temperance man, and says + a hotel keeper who violates the law and gets punished gets just + what he deserves, and in the next breath tells us that liquor is + a necessity, and asks why trouble the man who furnishes it. + Surely, we see the hem of the cloak of hypocrisy. Fair Play + should also give the public his name, so that people may judge + for themselves the value of his peculiar and disinterested view + of fair play; farther, some folks are already conjecturing who + the author was, and it is not fair to let any one be under the + imputation of a thing he did not do, and surely no man need be + afraid or ashamed to have his own views appear over his own name. + He asks, Who saw the assault? and answers, Nobody. Who saw Hooper + try to drown his wife? Nobody. And yet one of these so-called + detectives was instrumental in landing him in prison, and people + seem to think that he did get fair play. + + "Fair Play says careful men view this askance. In this town, + where naturally the keenest interest is taken in this affair, + nearly or quite all of the representative men have condemned the + assault in the most decisive manner. + + "Now, Mr. Editor, let me say that among the great mass of the + people of this vicinity, there is no desire to make out that Mr. + Smith is either a hero or a martyr. It is a question of law and + order on the one hand, and crime and violence on the other. The + assault is admitted, and a conspiracy is alleged. No doubt there + are landlords in this country who would not implicate themselves + in any illegal proceedings against Mr. Smith nor sympathize with + the same. Such men are suffering nothing, but it is doubtful if + there is a person of ordinary capacity in this vicinity who does + not believe that the assault was the outcome of a conspiracy, and + men are not slow in expressing the wish that if we have such + people living among us that they may be exposed in their true + character and punished, whether they profess to be saints or + sinners, and the people of this town would extend the same + sympathy and offer the same assistance to the accused parties, if + they had been the victims of an assault and suspicion pointed to + Smith and the Alliance as its instigators. + + "MERIT LONGEWAY. + "_Sutton, October 15th, 1894._" + +[Illustration: Lead Pipe, Rope and Hat.] + + "To the Editor of _The News_: + + "SIR,--Permit me to reply to some of the statements of 'Fair + Play' in your paper of October 12th. First, I should like to ask + what is meant by poisoning the public mind? + + "If Fair Play means enlisting the sympathies of the public on the + side of the temperance party, all that is needed is a clear + statement of the plain, unvarnished facts. There need be no + 'unwarranted assumption,' or charges without evidence, for + members of the liquor party before that assault at Sutton + Junction, and more especially since that time, have themselves + acted in a way that has estranged some who have been their warm + supporters, as they have procured the discharge of Mr. Smith from + the employ of the Canadian Pacific Railway Company, whom he had + served faithfully for fifteen years, and have also threatened the + lives of other peaceable citizens, because they chanced to frown + upon violence and lawbreaking. + + "Furthermore, Fair Play declares that the Temperance Alliance and + its friends, of which he plainly is not one, are charging divers + persons in this county with the commission of a grave crime of + which they have no reputable evidence. Thus does this very brave + apostle of 'the other side' fearlessly assert, with no proof for + his statement, that all the various persons who have given + evidence in this case in Mr. Smith's favor are disreputable, and + their testimony of no value. Truly this is a bold statement, and + it would seem that sometimes pens as well as tongues need + 'curbing.' Although Fair Play declares that he 'offers nothing in + the defence of lawbreakers,' yet his entire epistle is plainly in + defence of just that class of people, for it is written in behalf + of the hotel keepers who have repeatedly broken the law, and were + convicted of liquor selling in court, not long since. + + "Again, this 'believer in fair play,' in speaking of Mr. Smith, + says: + + "'Did his person bear evidence of murderous assault? No, etc.' + Either the writer of these words has very little regard for + truth, or else he knows very little of the subject he is talking + about. What is he going to do with the evidence of the skillful + physician who attended Mr. Smith, and who upon his first visit + dared not promise that he would ever recover? What is the opinion + of those people who were awakened at dead of night by cries of + murder, and who found Mr. Smith with the marks of the combat + freshly upon him? Why is it that he has not yet fully recovered + from the effects of this assault? And what reason has Fair Play + for doubting the testimony of Mr. Smith himself, even if there + were no other proof? He says, 'One blow from such a weapon as he + exhibits would have crushed his head, as if it were an egg + shell.' Perhaps he has forgotten that circumstances alter cases, + and the position of the victim, the courage of the assailant, and + the direction of the blow might alter this case very much. It is + little wonder that at this point he invokes the aid of the shades + of Ananias and of Munchausen! He next states that while the + public are being prejudiced against the liquor sellers of this + county, 'Kelly is patted on the back, and called a good fellow.' + Would Fair Play wish to be patted in the same way, being retained + in a prison cell, knowing not what punishment may await him? + + "We would repeat the question asked, 'What were the detectives + seeking?' But we do not conclude, like Fair Play, that it was the + $1000 reward they were working for, as no such reward was ever + offered. The objects for which these detectives were really + seeking were those men whom Kelly had accused, who, according to + Fair Play, 'were attending to their business,' and perhaps they + were, but if so, they must have had much business abroad. He next + enlarges upon the merits of Eastern township hotels, and among + other things says 'A faithful landlord is expected to furnish + guests certain necessities, one of which may be liquor. And + because he does this, should he be reviled, and prosecuted, and + driven out of his business?' How does this compare with his + former statement that he 'offers nothing in defence of + lawbreakers,' and that 'all good men will applaud the vindication + of the majesty of the law?' + + "TRUTH." + +In the following number of _The News_ appeared this note: + + "We are in receipt of another letter from 'Fair Play,' but as + personalities are indulged in, and as we are averse to entering + upon a prolonged and bitter controversy, we are constrained to + decline the publication of this communication." + +In this we seem to see a hint of that spirit of harshness and +unfairness which so often characterizes the actions of the liquor +party, and which sometimes leads to just such deeds as this brutal +assault, which "Fair Play" would persuade the public had never +occurred. + + + + +CHAPTER V. + +THE ACTION OF THE CANADIAN PACIFIC RAILWAY CO. + + +It has already been stated that Mr. W. W. Smith had been for fifteen +years the agent of the Canadian Pacific Railway Company at Sutton +Junction. During two or three years previous to receiving this +appointment, he had also held other positions in their service. He had +long been a trusted and privileged employee of the Company, to whom he +had apparently given full satisfaction. + +It will be remembered that Walter Kelly, in his evidence at +Sweetsburg, testified that Howarth had told him on his arrival in +Canada that the liquor men had "reported Smith to the Company, and his +discharge had been ordered." Mr. Smith soon had reason to believe, +also, that his temperance work was not pleasing to Assistant +Superintendent Brady, who had charge of that division of the Canadian +Pacific Railway in which Sutton Junction was situated. With this man +Mr. Smith had at one time been quite a favorite, but, after he had +united with the temperance workers, the friendship of Mr. Brady became +less apparent, and after the time of the assault his coolness grew +quite marked, and it soon became evident to Mr. Smith, although his +friends were long loath to believe it, that the Assistant +Superintendent was anxious to get rid of him. The rumor spread abroad, +also, that the liquor men were trying to influence the Canadian +Pacific Railway Company so as to obtain Mr. Smith's dismissal from +their employ, and people of other places became anxious to learn the +truth of the matter, as is shown by the following article from the +Montreal _Daily Witness_: + + "It being rumored that the liquor men who so cruelly assaulted + Mr. W. W. Smith, President of the Brome County branch of the + Dominion Alliance, and station agent at Sutton Junction, were not + content with their cowardly conduct, but were making strenuous + efforts to get the Canadian Pacific Railway Company to remove Mr. + Smith from his position as station agent, a _Witness_ reporter, + yesterday afternoon, interviewed Mr. Thomas Tait, Assistant + General Manager of the Canadian Pacific Railway, on the subject. + + "'Is it true, Mr. Tait, that the Canadian Pacific Railway Company + have been asked by men interested in the liquor trade to remove + Mr. Smith from Sutton Junction, as they disliked the active + interest he takes in the temperance cause?' + + "'It has been stated to us that Mr. Smith at times, in order to + get convictions against men who broke the liquor laws, used the + information which his position as station agent gave him to + secure convictions. Of course, you understand none of our + employees have the right to use for their private ends + information they get as employees of the road. I mean that if Mr. + Smith prosecuted liquor men in his private capacity he was + perfectly justified in doing so, but if in order to get + convictions he had to use information which he could alone get as + station agent, he has laid himself open to censure. I have no + proof that Mr. Smith has violated the confidence of the Company. + Mr. Brady, of Farnham, has gone to Sutton Junction, and is + investigating the outrage, and he will let me know whether or not + there is any foundation in the charge against Mr. Smith. If Mr. + Smith is in the right you may rest assured the Company will take + care of him.' + + "'Are you trying to find the man who committed the assault?' + + "'Yes, we have taken action in that direction, too.' + + "Another official of the Company said: 'I was in Richford the day + Mr. Smith was assaulted. It was rumored there that the liquor men + were incensed against Mr. Smith, as they believed he found out by + the way-bills when liquor was addressed to any one at the + junction, and used that information to get convictions. I also + heard that it was men from Vermont who assaulted Mr. Smith, and + that they had been sent to do the deed by liquor men in Vermont, + who are enraged at Mr. Smith.'" + +In this conversation the acknowledgment was plainly made by Mr. Tait +that the liquor men had made complaints to the Company concerning Mr. +Smith, so that, whether their reports had any influence with the +Company or not, the fact remains without contradiction that these +enemies of temperance did make an effort to rob him of the favor of +his employers, and they doubtless intended by this means, to +accomplish just what was finally, by some means, brought about. + +The only accusation which they could make to the Canadian Pacific +Railway seemed to be that Mr. Smith was using information which he had +obtained through his position as agent in order to prosecute them, but +as these hotel keepers were accused and convicted, not of buying +liquor and shipping it into the county, but of selling it to others, +and as Mr. Smith could not possibly have obtained evidence of this in +the capacity of station agent, but only through the testimony of those +who had purchased the liquor or witnessed its sale, it is very hard to +see the reason of these complaints, which were made by the liquor men, +and gravely investigated by the Canadian Pacific Railway Company. + +The only explanation which seems to suggest itself is that these hotel +keepers felt very angry because their trade in the souls of men had +been somewhat interfered with, and not content with the assault which +had been committed, could devise no better way of seeking further +revenge than by thus arousing the displeasure of the Company by which +Mr. Smith was employed. It was no doubt another outcome of the same +spirit which had prompted that assault. + +It is stated in the above report of the interview with Mr. Tait that +the Canadian Pacific Railway had taken action towards discovering Mr. +Smith's assailant, but it seems probable that had this statement not +been made to the reporter the public would have had no means of +knowing that they had made any such attempt, as the results were never +seen. + +Not only the _Witness_, but the Dominion Alliance as well, became +interested in these rumors concerning the Canadian Pacific Railway and +the liquor men of Brome, and wished to learn for themselves the truth +of the reports. The following is an extract from an account given in +the _Daily Witness_ of an executive meeting of the Quebec Provincial +branch of the Alliance: + + "Mr. S. J. Carter referred to the outrage committed upon the + President of the Brome County Alliance. He had known Mr. Smith + all his life, and spoke very highly of the good work Mr. Smith + had done for temperance in the Eastern townships. He regretted + that there had come rumors from Brome which would indicate that + the liquor men were not satisfied with the assault upon Mr. + Smith, but were endeavoring to secure his dismissal from the + position of the Canadian Pacific Railway at Sutton Junction. He + wanted to know, and every temperance man in Canada wanted to + know, if the Canadian Pacific Railway were going to dismiss an + officer of their Company at the behest of illegal liquor sellers + of a Scott Act county? He, therefore, moved: 'That we have heard + with pleasure through the press, that Mr. Tait, Assistant General + Manager of the Canadian Pacific Railway, has stated to the press + that the Company was doing everything in its power to discover + the guilty parties in the attempted murder of their agent at + Sutton Junction, Mr. W. W. Smith. That recent reports have come + from Brome County to the effect that officials of the Company are + in league with the liquor men, and are assisting them to prevent, + if possible, further annoyance by bringing pressure upon their + agent, and that the Company has made no practical effort to bring + the guilty parties in the recent assault case to justice. That we + hereby instruct our secretary, Mr. Carson, to ascertain from the + officials of the Company if such reports are true, and make a + full report for the next meeting of this Alliance.' The + resolution was adopted." + +Somewhat later the following remarks appeared in the editorial +department of the _Witness_: + + "The liquor men who tried to murder Mr. Smith, the President of + the Brome County Alliance, by stunning him with a skull-cracker, + and then leaving him on the track, failed in that cowardly and + brutal attempt, but have escaped punishment at the hands of the + authorities, who seem to be, as usual, perfectly helpless in the + matter. These same liquor men, who in Brome County are all + outlaws, have the impudence to use all sorts of influence with + the Canadian Pacific Railway Company to get them to dismiss Mr. + Smith, who is their agent at Sutton Junction. This is a fine + state of things, and the county, which is a prohibition county, + is watching to see what the Company will do. Here is a chance for + capital to tyrannize at the behest of organized iniquity and + lawlessness." + +It often happens that people get very much aroused and alarmed when +there is no real foundation for their fears, but not so in this case. +The following from the _Witness_ of October 8th shows that there was +some cause for excitement in the minds of the temperance people: + + "The sequel to the lead pipe murderous assault upon Mr. W. W. + Smith, President of the Brome County Alliance, occurred on + Saturday last. It has been well known that the liquor men, + baffled in their attempt to murder Mr. Smith, had, however, not + abandoned their plan to ruin him and discourage other temperance + workers in the county. Their scheme was known to the temperance + people, but it was not thought possible that it would succeed. It + was nothing more nor less than the securing of the dismissal of + Mr. Smith from his position as agent of the Canadian Pacific + Railway. It has, however, succeeded. Mr. Smith was notified on + Saturday last of his dismissal from the Company's employ. Some + astonishing revelations may be expected, as the temperance + people are intensely indignant that the Company should have + yielded to the demands of the liquor party and removed from its + service one who has been for years a trusted servant and a + faithful officer." + +It was indeed a great surprise to most of the temperance community +when the news of this dismissal went abroad. They had not been ready +to believe that in these days of temperance agitation, in these last +years of the nineteenth century, a great and powerful corporation like +the Canadian Pacific Railway Company, knowing for a fact that +nine-tenths of all the terrible accidents that occur on railroads +causing loss of life and property are the outcome of intemperance, +would become the instrument in the hands of illegal liquor sellers to +carry out their will. + +The correspondence which had passed between Mr. Smith and Assistant +Superintendent Brady was preserved and placed in the hands of the +Alliance, who requested and obtained its publication in the _Witness_. + +It was also afterwards published in _The Templar_ and in several other +papers. It describes many of the events which led to Mr. Smith's +dismissal, and seems to show plainly the real cause of that dismissal +in spite of all later contradictions. The first communication which +the accused agent received from the Assistant Superintendent +concerning his temperance work was as follows: + + "W. W. Smith, Agent, Sutton Junction. + + "DEAR SIR,--I enclose you herewith two letters, one from B. L. + Wilson, of Glen Sutton, and one from Nutter & French, of + Sherbrooke, both making complaints that you are taking advantage + of your position as agent of this Company in getting together + testimony to convict hotel keepers and others of selling liquor. + It does not seem possible to me that these statements can be + true, but the charges are made not only by the parties, writing + these letters, but by several other parties in Brome County, and + who claim that they are in a position to substantiate them. I + desire to know from you whether you have used your position to + get evidence as stated above, or whether you have used your + evidence which you may have come possessed of through being an + agent of this Company for the purpose of convicting liquor + sellers. Your immediate reply with the return of the enclosed + papers is requested. + + "Yours truly, F. P. BRADY, Asst. Supt. + + "_Farnham, June 11th, 1894._" + +Below are the letters enclosed in this communication from Mr. Brady, +and containing the complaints, or a part of them, which had been +received by him concerning the Sutton Junction agent. The first was +written by a wholesale liquor firm in Sherbrooke, P. Q., the second by +a brother of James Wilson who, Kelly said, drove the team for him on +the night of the assault at Sutton Junction. + + "F. P. Brady, West Farnham. + + "DEAR SIR,--We are having goods shipped by us to Sutton returned + to us with the information that your agent at Sutton Junction + watches all liquor shipments that go there, and then gives the + information to temperance parties, who make complaints, and get + the hotel men fined. We are in receipt of two letters to that + effect this morning. We think you should take some action in the + matter, as it will effectually stop all shipments to that county + if it continues. + + "Yours truly, NUTTER & FRENCH. + + "_Sherbrooke, June 6th, 1894._" + + + "Nutter & French. + + "DEAR GENTLEMEN,--I can't buy no more goods from you at + Sherbrooke, for the agent at Sutton Junction, name W. W. Smith, + is pawing over all goods and reporting, and he has been having + men to inform of all the hotels in the county. Unless he is out + of that job you won't do more business in Brome County. + Yours, B. L. WILSON. + + "_Glen Sutton, June 7th, 1894._" + +To these accusations, Mr. Smith made the following reply: + + "F. P. Brady, Esq., Asst. Supt., Farnham. + + "DEAR SIR,--Referring to enclosed, I deny charge made against me, + fairly and squarely, and, further than that, I have looked back + nearly two years and find no shipments of liquor for these + parties in my transfer books. I have never used my position in + any way as an agent for this Company to convict liquor sellers, + and no man can substantiate such a statement. + + "As a member of the Brome County Alliance, I have worked as a + private citizen with other members of the Alliance, and the + complaints sent to Mr. Jewell, East Farnham, as evidence against + the hotel keepers in this county have come from the leading men. + I shall use no evidence which I become in possession of as an + agent of this Company for the purpose of convicting liquor + sellers. + + "Yours truly, W. W. SMITH. + + "_Sutton Junction, June 13th, 1894._" + +This is certainly a very emphatic denial of the charges made against +him, and, coming from a trusted employee of fifteen years, it would +seem that it should have been quite satisfactory. However, Mr. Brady +appeared to give more credence to the testimony of the liquor men +than to that of Mr. Smith, and to allow himself to be influenced by +later complaints which were made by them. + +Some time after the above letters were written, Mr. Smith made +application to the Assistant Superintendent at Farnham for leave of +absence to attend a National Prohibition Convention, to be held at +Montreal on July 3d and 4th. He received the following reply, which +shows how unwilling Mr. Brady was to do anything which might tend to +encourage Mr. Smith in his temperance work: + + "W. W. Smith, Esq., Agent. + + "DEAR SIR,--As per my wire of this date, I cannot arrange to let + you off on July 3d and 4th; I have no spare man at liberty. The + assistant at Sutton should have all he can properly attend to + during the night to necessitate his sleeping during the daytime. + + "Yours, etc., + "F. P. BRADY, Asst. Supt. + "_Farnham, July 2d, 1894._" + +The next letter from Mr. Brady, written the day after the assault, and +while Mr. Smith was confined in bed on account of the bruises he had +received, was as follows: + + "W. W. Smith, Esq., Agent, Sutton Junction. + + "DEAR SIR,--Within the past four or five weeks the heads of + different departments, as well as Mr. Leonard, the General + Superintendent, and myself, have received numerous complaints + from shippers and the public generally with reference to your + actions with the late prosecution of liquor sellers in Brome + County. The basis of these complaints is made that you have used + your position as agent for this Company to procure evidence with + which to prosecute liquor sellers. I have replied to some of + these people that so far as I can ascertain you have not used + your position as agent to procure such evidence; but I must + inform you that the same rule with reference to temperance + agitation that governs employees of this Company with reference + to politics must be lived up to, i. e., you must devote your + whole and entire time to the Railway Company if you desire to + hold your position. You must do nothing whatever to antagonize + the interests of the Company, or to create feeling between the + Company and its patrons. You will understand by this that you + must cease temperance lecturing or taking an active part in + temperance gatherings or agitation. + + "I make this letter personal as I consider that the contents of + it will remain strictly between ourselves. + + "Yours truly, + "F. P. BRADY. + "_Farnham, July 9th, 1894._" + +This letter is very emphatic, and if the spirit of it were carried out +in every case as faithfully as Mr. Brady endeavored to carry it out in +this case, the employees of the road would be a band of slaves, and +the Canadian Pacific Railway a sort of Canadian Siberia with all its +positions shunned by every self-respecting laborer. It is well, +indeed, for the Canadian Pacific Railway that all its officers do not +carry out these tyrannical rules with such precision as this, yet it +is plainly inferred by Mr. Brady's words that such rules had been +previously applied in the matter of politics. + +If so, the Canadian public need to stop and realize what a moderate +autocrat they are supporting in their midst in a land of responsible +rule. + +Mr. Brady says: "You must do nothing whatever to antagonize the +interests of the Company, or to create feeling between the Company and +its patrons." This seems to be a very strange sentence in two +respects. First, how can temperance work "antagonize the interests of +the Company?" A railroad is always supported by a community, and must +depend entirely upon that community for its success, its wealth and +its very existence. The more wealthy and prosperous a people become, +the more will they patronize a railroad and contribute to its +maintenance and growth. The community, moreover, is made up of +individuals, and its prosperity must depend upon the health, +enterprise, ability, success and moral character of the people who +compose it. Does not temperance tend to build up the virtues and +prosperity of individuals, and thus to increase the general prosperity +of the country and add to the success of all useful public +institutions? + +Second, how can temperance work "create feeling between the Company +and its patrons?" Surely not all the patrons of the Canadian Pacific +Railway are wholesale and illicit liquor sellers? Mr. Brady seems to +entirely ignore the great company of law-abiding temperance people who +would respect the Company far more if its employees were active +temperance men, and with whom Mr. Brady himself, rather than Mr. +Smith, created intense feeling. + +It was stated in a former chapter that Mr. Smith accompanied Detective +Carpenter to Marlboro, Mass., when he went in search of Kelly. Mr. +Carpenter "on his own responsibility," went to Mr. Brady, to ask +permission for him to do so, and the following leave of absence was +sent to Mr. Smith: + + "W. W. Smith, Esq., Sutton Junction. + + "DEAR SIR,--You may go on No. 11, Conductor will have pass for + you. + + "Sinclair will be at Sutton Junction on No. 15 to-night to take + charge during your absence. O'Regan must look after the business + this P. M. + + "F. P. BRADY. + "_Farnham, Aug. 20th, 1894._" + +As this leave of absence was indefinite as to time, and Mr. Smith was +engaged with the assault case for several days after his return from +Marlboro, the court having opened on Sept. 1st, he had not yet resumed +work at Sutton Junction, when on the evening of September 3d he +addressed a temperance meeting at Richford, Vermont. The next day Mr. +Brady, who seemed to keep remarkably well informed as to the +whereabouts of his agent when off duty, wrote Mr. Smith as follows, +labelling this letter like the previous one, "personal:" + + "W. W. Smith, Esq., Agent, Sutton Junction. + + "DEAR SIR,--I wrote you on July 9th with reference to what you + must do if you remained in the employ of this Company. I am aware + that last night you delivered a temperance lecture at Richford; + this leads me to think that you propose to ignore entirely the + wishes of this Company, and do as you see fit. If such is the + case you will oblige me by sending me your resignation by the + first train, and vacating the Company's premises at Sutton + Junction at the earliest possible moment so that they can be + occupied by the new agent. + + "Yours truly, + "F. P. BRADY, Asst. Supt. + _Farnham, Sept. 4th, 1894._" + +Strange, indeed, that the Assistant Superintendent should have +supposed that an affair like this could always remain personal, and +never be subjected to the public gaze! Did he not know there was a +temperance community in Canada who would, at least, enquire into the +case of a persecuted brother? It is strange, also, that while other +roads at the present time are finding it very much to their advantage +to employ temperance men to the exclusion of others; while serious +accidents are frequently taking place on the different roads in which +scores of human beings perish through the recklessness of some +employee whose intellect is clouded by the action of strong drink; and +while some new roads in the beginning of their existence are adopting +very strict temperance rules; when even the Canadian Pacific Railway +has been obliged to dismiss or suspend some of its men for excessive +drinking; it is very strange in view of all these facts that an +official of this great road should ask a station agent, because he +delivers a temperance lecture off duty, to "vacate the Company's +premises, so that they can be occupied by the new agent." + +An example of what intemperance among railway employees often means +may be found in the Craigs' Road disaster, which occurred on the Grand +Trunk in July, 1895. In this accident, thirteen persons were killed, +and thirty-four others, some of whom died soon after, were wounded. At +the inquest a Victoriaville hotel keeper testified that the engineer +of the wrecked train had purchased from him a quart of ale on the +night before the fearful disaster, which hurried so many into +eternity. + +There were some well-meaning people who are counted in the temperance +ranks who advised Mr. Smith to submit to Mr. Brady, and take no more +active part in temperance work rather than risk the loss of his +agency. This advice was no doubt meant as a kindness, although it did +not partake of the martyr's spirit, but Mr. Smith did not see fit to +follow it, choosing rather to yield his position than his principles. +However, he did not send a resignation, but a few days later wrote Mr. +Brady the following letter: + + "F. P. Brady, Esq., Asst. Supt., Farnham. + + "DEAR SIR,--On account of circumstances which I could not in any + way control, I have been obliged to delay answering your letter + of the 9th of July last. I regret very much to notice that you + have had occasion to refer again to complaints made against me, + which you say are numerous, and not only from shippers, but from + the public generally. In a former letter to you I denied any just + cause for complaint. + + I have now been fifteen years or more in the service of the + Company, and during that time I have endeavored to render, I + trust, a faithful service. I have also received another letter + from you, dated September 4th, asking me to send you my + resignation by the first train, and ordering me to vacate the + Company's premises at the earliest possible moment, so that they + can be occupied by the new agent. I wish you would explain why + you order me to resign, because I delivered a temperance lecture + at Richford, as I have a leave of absence from the Company for + the present, and supposed I had a right to lecture off duty on + any occasion, time or place. You perhaps cannot realize how much + I value my honor and reputation, as it is about the only thing + that I have in the world to protect, and I must ask you to supply + me with the names of those making complaints against me and the + nature of their complaints, and as you also state the public + generally have made complaints, I trust there should be no + hesitancy on the part of the Company to supply me with the + information asked for, as you can readily see it is beyond the + realm of privacy. Please reply. + + "W. W. SMITH. + + "_Sutton Junction, Sept. 7th, 1894._" + +This was Mr. Brady's reply: + + "W. W. Smith, Esq., Sutton Junction, Que. + + "DEAR SIR,--I have your letter of the 6th inst.; my letter of + July 9th to you was perfectly plain. It told you that you must + either quit temperance work or quit the Company. It makes no + difference whether you are on duty or off duty so far as this + Company is concerned. They demand the whole and entire time of + their men, and they are going to have it. So far as the leave of + absence you speak of is concerned, I am not aware that you had + any. Mr. Carpenter came to me, he said, at your request, to get + permission for you to be absent three or four days to go down + into New England, and I gave such permission, since which time I + have heard nothing from you, except that you are disobeying my + orders and the wishes of the Company. I was in hopes you would + relieve the strain by gracefully tendering your resignation. + Unless you see fit to do that I shall have to take other steps. + + "Yours truly, F. P. BRADY, Asst. Supt. + + "_Farnham, Sept. 7th, 1894._" Dictated. + +It appears from this letter that Mr. Brady wished his agent to resume +work immediately on his return with Mr. Carpenter and Kelly from "New +England," and did not expect him to help in the search for other +guilty parties in the assault case, or even to appear as a witness in +court. + +How does this compare with the statement which had been made by Mr. +Tait that the Company had taken steps towards discovering the man who +committed the assault? + +After reading these letters from the Assistant Superintendent, it is +very difficult for some of the temperance people to believe that Mr. +Smith was dismissed for any reason other than that so plainly +indicated in Mr. Brady's own words. + +Mr. Smith's next letter to Mr. Brady was as follows: + + "F. P. Brady, Esq. + + "DEAR SIR,--Your letter of the 7th inst. to hand in reply to mine + of that date, which does not cover the information asked for. + Now, I would like to know upon what grounds you demand my + resignation, viz.: because I addressed an audience in the United + States or because complaints have been made against me as you say + in your letters of June 11th and July 9th, as I wish to be in a + position to answer to any charges made against me. I am very + sorry you take the stand against me you do in regard to my + temperance principles. I understand perfectly well that I am no + longer pleasant to your taste; but I expect fair treatment from + the Company, and ask for nothing more. As far as my leave of + absence is concerned, I have a telegram from you that I can be + absent and Mr. Sinclair will take my place until I resume work + again. No time is specified. Since I returned home, I have been + busy looking up evidence against the parties who were + instrumental in my assault on July 8th last. I intend to resume + work again as soon as possible, I think about a week from Monday + next, September 24th, unless advised by you that my services are + no longer required. + + "Yours truly, W. W. SMITH, Agent. + + "_Sutton Junction, Sept. 11th, 1894._" + +As no reply came Mr. Smith wrote again: + + "F. P. Brady, Esq., Asst. Supt., Farnham. + + "DEAR SIR,--Will you please reply to my letter of the 11th inst. + in regard to resuming work Monday next, September 24th. I am + waiting anxiously to hear from you. + + "Yours truly, W. W. SMITH. + + "_Sutton Junction, Sept. 19th, 1894._" + +Still there was no answer, and on Monday morning Mr. Smith telegraphed +as follows: + + "F. P. Brady, Esq., Farnham. + + "I am ready to resume work this morning. Please reply. + + W. W. SMITH. + "_Sutton Junction, Sept. 24th, 1894._" + +To this came the following reply: + + "W. W. Smith, Sutton Junction. + + "Nothing for you to do this morning. Will advise you when your + services are required. + + "F. P. BRADY. + "_Farnham, Sept. 24th, 1894._" + +This was followed on October 6th by an official announcement from Mr. +Brady telling Mr. Smith that his services were no longer required by +the Company. And in all this correspondence there is not a hint of +unfaithfulness on the part of Mr. Smith to any order of his employers +save the one to "quit temperance work." When the above correspondence +appeared in the Montreal _Daily Witness_ it was accompanied by the +following remarks in the editorial department: + + "We are requested by the Brome County Alliance to publish the + correspondence which preceded the dismissal of the President, Mr. + W. W. Smith, from his position as station agent of the Canadian + Pacific Railway at Sutton Junction. We have already pointed out + the extraordinary assumption of wage slavery, which is implied in + this dismissal as accounted for by the official who did it. The + claim made by Mr. Smith's employing officer, and practically + indorsed by the Company in concurring in this dismissal, is that + the Company owns its employees, soul and body, and that they can + only fulfill their rights of citizenship at its pleasure. It is + not to be supposed that this power asserted over the lives of its + employees is going to be insisted on by the Company as against + every thing they do, and that every man who takes part in a + baseball match or a mock parliament will be dismissed. It is not + to be supposed that the man who busies himself even in politics + will be dismissed if he takes care that he does not do so on a + side distasteful to the Company. The particular thing which is a + capital offence with the Company, according to this + correspondence, is to busy one's self with the enforcement of the + laws of the land or advocate temperance in public. If temperance + advocacy is going to be boycotted by the Canadian Pacific Railway + in the interests of the illegal and murderous liquor business, + there are ten thousand good customers of the road who will want + to know the reason why. This should indeed be asked for in + parliament." + + + + +CHAPTER VI. + +MORE BITS OF PUBLIC OPINION. + + +The action of the Canadian Pacific Railway, in thus dismissing their +agent at Sutton Junction, apparently for no other cause than the +vigorous opposition which he offered to the work of the liquor party +in his own vicinity, like the assault case previously, elicited much +criticism from the public. + +We purpose in this chapter reproducing some of the many opinions +regarding the dismissal which appeared in the columns of the public +press. + +It has been said that "the greatest power under heaven is public +opinion," and it may be profitable for us sometimes to study such an +important power, and especially to consider the opinions of people who +uphold peace, temperance and religion. The following is the view of +_The Templar_ of Hamilton, as quoted in the Montreal _Daily Witness_: + + "The announcement that the Canadian Pacific Railway has rallied + to the aid of the lawless and murderous liquor gang in Brome + County, Quebec, is sufficiently suggestive and startling to + demand attention. Its dismissal of Mr. W. W. Smith, C. P. R. + agent at Sutton Junction, and President of the Brome County + branch of the Dominion Alliance, because of his activity in the + discharge of his duties in the latter office, is one of the most + foolish and anti-Canadian acts of that great corporation. + + "Mr. Smith, it will be remembered, incurred the hostility of the + illegal liquor venders in his locality, and, as the recent legal + investigation shows, a conspiracy was formed, and a bartender + hired to 'remove' him. One night, while in the performance of his + duties at the Sutton Junction station, he was murderously + assailed, and barely escaped with his life. Detectives were + employed, the assassin was arrested, and has confessed that he + was paid by local men, interested in the liquor traffic, for his + work. He and two others, including a hotel keeper, are now in + jail awaiting trial, bail having been refused. + + "Since the committal of the prisoners, Mr. Smith was dismissed by + the C. P. R. Upon September 7th, he received a letter from the + Assistant Superintendent in which occurred these words: 'You must + either quit temperance work or quit the Company. It makes no + difference whether you are on duty or off duty, so far as this + Company is concerned. They demand the whole and entire time of + their men, and they are going to have it.' .............. This + subject is broader than Mr. Smith or any individual. It is the + question of the right of the citizen to enjoy and exercise the + rights of a citizen while employed by such a corporation as the + Canadian Pacific Railway. It is the old problem of slave or + freeman. The Railway is undoubtedly entitled to the best service + of its employees, while on duty; but, after hours, the citizens + should be free to engage in those pleasures and pursuits which do + not conflict with the welfare of society and the State, Mr. Smith + should be free to participate in the agitation to drive the + criminal liquor traffic out of the country without being called + upon to suffer the loss of income. The man who braved the liquor + party, and nearly sealed his devotion to the temperance reform + with his life blood, was not the man to abandon his convictions + at the command of a railway manager. + + "The course of the C. P. R., in dismissing Mr. Smith, has been + warmly endorsed by the cowardly and murderous liquor gang in + Brome, and is so open to the suspicion of being an attempt to + coerce the conscience and abridge the liberties of the citizens + to serve the liquor interests as to make it imperative that some + member of the Commons, which has so largely subsidized that road, + demand in the approaching session a public investigation. A whole + army of men are in the service of the Canadian Pacific Railway + Company, scattered from the Atlantic to the Pacific, and the + nation cannot afford to allow the despotic authority claimed by + the Company over these men. If it can demand the entire time of + their men on or off duty, may it not next demand the service of + the men at the ballot box? An issue has been raised by this + incident which demands the vigorous protest of the press of the + country." + +The opinion of the _Witness_ itself may be learned from the following +article in the _Daily Witness_ of November 24th, 1894: + + "We have received a number of letters from persons who have + determined to give the preference of their railway patronage + against the Canadian Pacific Railway, as a testimony against the + attitude of that Company towards the temperance reform, as + manifested in the dismissal of Mr. W. W. Smith from his position + as station agent at Sutton Junction, for his active advocacy of + temperance and enforcement of prohibitory law. Is it right for us + to publish these letters, which are evidently only the beginning + of what is yet to come, for the feeling throughout the country is + very bitter in many quarters where this challenge to the + advocates of law and order has become known? The question amounts + to this: Is it right for persons who condemn the course of the + Company to punish it in this way, and is it right for them to + make a public question of it by publishing their action? The + reason given for the dismissal of Mr. Smith, as shown by the + correspondence which was recently made public in these columns, + was that he was making things uncomfortable for certain customers + of the Company who were importing liquor into Brome County. As + Brome is a prohibition county, those who import liquor for sale + within its bounds are outlaws. In Mr. Smith's painful experience + they are also assassins. As a matter of fact, according to Mr. + Smith's statement, no shipments of liquor passed through his + station, and he did not use his position as agent of the Company + to bring the lawbreakers to justice. Why both the Company and its + agents should not be ranged on the side of the law of the land, + and why the Company should so protect its share in an unlawful + business against any promoter of law and order, are questions not + raised. Commercial corporations do not pretend to have souls or + conscience. Nobody expects them to have any, and consequently no + one is angry when they show that they have not. Quite apart from + all questions of morals, the money interests of the Company are + those of the country, and the liquor business does not promote + the business of the country. Moreover, it is in the interest of + the railway, and eminently so of its customers, to have railway + servants protected from drink, and the enforcement of the laws + against liquor is the most direct way to protect them from drink. + This is all by the way, however; Companies are not abstract + reasoners. + + "But there is that in this action of the Canadian Pacific Railway + Company which the public are inclined to resent even at the hands + of a Company. In the first place the Company declares that it so + values the custom of the liquor men of Brome, that it can afford + for their sake to boycott the advocates of temperance and the + enforcers of law. A station agent, or even a superior officer, + might be long and notoriously a victim of these same liquor men, + and still remain an officer of the Company, but if he becomes + their active enemy, and the active friend of mankind, he is + dismissed. This is and it is evidently accepted as being a + challenge to all friends of law and order, who are in a position + to make the Company suffer in its sensitive pockets, to show + whether the custom of the friends of law cannot be made as + powerful an engine for the defence of right as that of the + enemies of law and order is for the defence of crime. This is + what temperance men throughout the country seem to be turning + over in their minds just now, and are likely to go on doing so, + so long as the position taken by Mr. Brady towards Mr. Smith + remains the approved action of the Company, and so long as one + holding the intolerable views of Mr. Brady remains its approved + agent. + + "There is another aspect of the Company's action through Mr. + Brady which is rankling in the minds of the wage-earning + population. Mr. Brady told Mr. Smith that the Company wanted all + his time, and was going to have it, and that whether on duty or + off it would not allow him to give temperance lectures. It is not + sufficient to answer that this is not the position of the + Company; that its employees, as a rule, are allowed to go to what + church they think best, to take part in Christian Endeavor, or + football, or whatever they may prefer as the occupation of their + leisure. The fact remains that the Company has, through Mr. + Brady, announced its right to check a man, if it chooses, in the + exercise of his ordinary rights and duties as a citizen and as a + Christian, and has, by sanctioning Mr. Smith's dismissal for + temperance lecturing, formally approved Mr. Brady's attitude. The + Company may summon to its defence any other reasons for Mr. + Smith's dismissal that it chooses. It cannot alter the fact that + the reason given in Mr. Brady's letters is the one which was + given to him, and which was the real cause of his act. This claim + of a soulless Company to own its employees, body and soul, is one + of the most daring and intolerable enunciations of what is in the + language of our day termed wage slavery that we have seen, and + one for which the great public will probably call it to account. + The Canadian Pacific Railway is a national institution, + constructed at the public expense, and a ruling influence in the + land, and its attitude towards the liquor question and the rights + of employees is a matter of national interest, open to free + discussion in the newspapers and in the parliament, and if there + are citizens who, for the purpose of making it feel in its only + sensitive spot how it has outraged public sentiment and done a + public wrong, are willing to sink their private advantage and + convenience in the public good, by going out of their way to + patronize another road, we think it is nothing but right that the + railway should be plainly seized of all the facts." + +The comments of another Canadian paper, the Toronto Star, are thus +quoted in _The Templar_: + + "It is a most regrettable condition of affairs when a corporation + like the Canadian Pacific will dismiss an employee because he is + active in the cause of prohibition, yet that is the case of a Mr. + Smith, who lost his position as agent at Sutton Junction, Quebec, + because the liquor dealers whom he opposed had sufficient + influence to secure his dismissal. + + "No charge of neglect of duty could be made against Mr. Smith, + and the only justification the Company offered was the plea that + the agent should give his whole time to the Company, and do + nothing to antagonize the interests of the Company. There is in + this no claim that Mr. Smith had ever neglected his duty, and the + whole thing narrows down to the fact that he had incurred the + enmity of the liquor dealers, who induced the Company to dismiss + him. This action of the Company may please the men who hired a + thug to assault Mr. Smith, and nearly batter his life out, but it + is a poor way to make friends of peaceful citizens. It speaks + poorly for personal liberty when a man is dismissed from a + railway because he opposes the liquor traffic,--a traffic which + the Company itself acknowledges to be wrong when it requires its + employees not to touch liquor while on duty." + +In _The Templar_ of November 23d appeared these remarks with reference +to one paper which upheld the C. P. R.: + + "The dismissal of Mr. W. W. Smith from the services of the C. P. + R., because he was obnoxious to illicit whiskey sellers in Brome + County, has evoked strong expression of disapproval from not a + few of the papers of the Dominion. + + "Others have preserved a silence, or feebly and unfairly stated + the case, not daring to rebuke the C. P. R. So far as we know, + the Hamilton _Spectator_ alone has had the courage to defend the + gross injustice done a fellow-citizen, and its defence is + peculiar. + + "Would _The Spectator_ permit us to clear the issue? _The + Templar_, in giving the C. P. R.-Smith correspondence to the + public, pointed out the danger to the country involved in + suffering the C. P. R. contention to prevail. If that corporation + can justly dismiss a man because he employs a portion of his time + off duty to demand respect for the law of the land, on the ground + that he is antagonizing the interests of the Company, may it not + logically demand, under pain of dismissal, that he shall vote as + the Company judges to be in its interests? What right has the + citizen that the Canadian Pacific Railway may not require him to + give up to serve its ends? Is _The Spectator_ prepared to defend + such tyranny, and, yes, we will say it--treason to the State?" + +Not only the journals of the Canadian Interior, but those of the +Maritime Provinces as well, showed their interest in this affair, +which had so aroused the temperance people of Quebec and Ontario. The +following, published in _The Templar_, is taken from _The +Intelligencer_, Fredericton, New Brunswick: + + "We have set out the facts of the case at some length, because it + involves much more than the position and prospects of the + dismissed official. His case is certainly a hard one. It is not + denied that for fifteen years he served the Railway Company + faithfully. No charge of neglect of duty is made against him. + Even the charge of the rumsellers, that he used information + obtained as the Company's officer to aid in their prosecution, is + not proven. He denies it, and the Assistant Superintendent admits + that he has failed to find proof of it. + + "But in spite of this, the Company, yielding to the clamorings of + the rum gang, dismiss an officer against whom it has not been + possible to make any charge of neglect, and not even to + substantiate the complaints of those who were bent upon his + dismissal. Mr. Smith's offense was that he was too good a citizen + to suit the views of the outlaws who are engaged in the illicit + rum-traffic. They sought to take his life, hiring one of their + own brutal gang to commit the murder. The attempt was made, but + failing to kill him, they renewed their efforts to have him + dismissed. And in this they were more successful. It is scarcely + possible that the outlawed rumsellers of Brome County had + sufficient influence alone, to accomplish Mr. Smith's discharge. + They were probably backed by the traffic in Montreal and + elsewhere. And this goes to show that the traffic is one; that + distillers, brewers, wholesalers and saloon and hotel keepers are + united; that licensed and illicit sellers make common cause, and + that they use their awful power not only to defy all laws and + regulations which hamper them, but are ready to rob of their + means of livelihood, and their good name, and even to murder such + men as they think stand in their way. These are things which + might be expected of the traffic. But it is quite amazing that a + great corporation like the C. P. R. should become its ally. Most + employers would stand by an employee who had suffered at the + hands of murderous ruffians, because of his sympathy with law + enforcement, and the promotion of the moral welfare of his + community. But the Assistant Superintendent of the C. P. R., + under whom Mr. Smith worked, was not moved by such consideration, + a mere sentimental consideration he would probably call it. He + preferred to cooeperate with the rum traffic--to become its tool. + + "We find it difficult to believe that the General Manager or the + Directors can approve the dismissal of an employee for the reason + stated in this case. If they do, then men interested in + temperance reform can no longer have a place in the employ of the + Company. And further, the Company declares its willingness to be + known not only as the ally of the legalized rum traffic, but as + the friend and helper of the outlaws and would-be murderers of + the traffic. + + "This case should not be allowed to fade out of the memory of the + people. It asserts the right of an employer, not only to the + time of the employee, but to his conscience, his sense of the + duties of good citizenship, and his self-respect. If permitted, + unrebuked and uncorrected, it helps to establish the right of + capital to do any unjust and tyrannical thing, either of its own + will or at the dictation of the conscienceless rum traffic, or of + other organized evil. + + "There ought, certainly, be some way of getting redress for what + on the face of it appears to be an act of cruel injustice, done + at the behest of the rum traffic, legal and illicit. + + "Not those alone who are interested in temperance, but every man + who believes that men are other than serfs, and who would have + established beyond question the right of a man to have his own + conscience in matters which relate to himself and the community, + should be concerned to make impossible such tyrannical exercise + of power." + +Not only the Canadian, but some of the American papers also, took up +the cry of tyranny, as is shown by the following, which was published +in the _Presbyterian Observer_, Philadelphia, and repeated in the +Montreal _Witness_: + + "A Canadian Railway Company has been guilty of a piece of mean + persecution against one of its agents on account of his + temperance activity. The station master at Sutton Junction, of + the Canadian Pacific Railway, in the Province of Quebec, was + recently notified that he 'must quit temperance work, or quit the + Company.' The letter further states the ground upon which this + action is based. 'It makes no difference whether you are on duty + or off duty, so far as this Company is concerned. They demand the + whole and entire time of their men, and they are going to have + it.' Short, sharp, peremptory this, but is also a high-handed + proceeding--an infringement upon personal rights. It does not + appear that this man had been derelict in duty to his employers, + or that he took the time that belonged to them in promoting the + cause of temperance. His only offence was that, while + conscientious in daily work, he thought of others, and labored + for their welfare in his spare moments. For that he incurred + official reprobation, and was given the choice of quitting + temperance work or the Company. + + "The railway magnates claimed entire control over all his time, + whether on duty or off duty, demanding in their tautological + language, 'The whole and entire time' of their men, and bluffly + adding that 'they are going to have it.' They would leave no room + for doubt, parley or protest. Accordingly, nothing was left a man + of conscience but to retire and seek employment where he could + exercise a little personal liberty. It is no new thing for men to + give up railway positions on conscientious grounds, when + compelled to work on the Sabbath, but this is the first instance + we have known where a Railway Company has forced a person out of + its employ because of his temperance principles. In our country, + other things being equal, total abstainers are preferred by + railway men. This Canadian Company is away behind the age." + +An affair like this must indeed be very widely discussed, and awaken +considerable interest, when the general opinion in any place with +regard to it is published in the local news from that vicinity, yet +the following paragraph appeared among other items in the _Witness_ of +November 24th, as Danville news: + + "Railways have a right to all the time of employees in hours of + duty, but many are grieved at the action of the Canadian Pacific + Railway in demanding of Mr. W. W. Smith, whom they dismissed for + activity in the temperance cause, that he must not give any of + his time to it when off duty, as such demand is un-British and + strongly in the direction of serfdom. Many spirited people are + going to resent the injustice." + +Various associations discussed this dismissal in their meetings, and +passed resolutions concerning it. The following is an extract from a +report, which appeared in the _Witness_ of November 20th, of a meeting +of the Quebec Evangelical Alliance, held in the city of Quebec just +previous: + + "It was also voted that the following resolution be placed on + record, and a copy furnished to the press for publication: + + "'That this Alliance voice its sympathy through the press with + the different moral and religious organizations of the Province, + which have taken action condemnatory of the arbitrary procedure + of the management of the Canadian Pacific Railway in the + dismissal of Mr. Smith, their station agent at Sutton Junction, + for no other offence than that of being deeply interested in the + moral and religious welfare of the people of his own district. + + "'And further, that this Alliance regrets that the Canadian + Pacific Railway, as a Company subsidized by the Government of + Canada, should see fit to interfere with the civil and religious + rights of its employees, and ally itself with those who are + evading established law, and doing their utmost to destroy social + order in this country. + + "'And this Alliance is of the opinion that if the Canadian + Pacific Railway management seriously desires to retain the + sympathy and support of the best element in the community in + building up their business as public carriers, they will, at the + earliest possible moment, do full justice to their late agent, + Mr. Smith.'" + +The following, also published in the _Witness_, is from a report of +the meeting of a temperance society in one of the sister Provinces: + + "PRESCOTT, Ont., Dec. 5th.--The forty-fifth session of the Grand + Division of the Sons of Temperance was held here to-day. The + question of the discharge of Mr. W. W. Smith, of Sutton Junction, + by the Canadian Pacific Railway, for his loyalty to the + temperance cause, was brought up, the following report of a + special committee on the subject being unanimously adopted: + WHEREAS, Mr. W. W. Smith of Sutton Junction, President of the + Brome County Alliance, in the Province of Quebec, whose attempted + assassination for his fidelity to law and order is a public fact, + has been summarily dismissed from his position as agent of the + Canadian Pacific Railway, for the express reason of his advocacy + of the cause of temperance, this Grand Division desires to + express the view that this action of the Railway Company is a + distinct violation of the rights of citizenship, and deserves + strong condemnation as being tyrannical and unjust in the + extreme, and is calculated, if not redressed, to destroy public + spirit and inflict deep injury to the civil rights of the + people." + +We will now look at some of the opinions of individuals, as expressed +in letters sent by them to the temperance papers. + +The following communication was sent to the _Witness_ before the +publication of Mr. Brady's letters. Doubtless, the writer of this +article may, after reading those letters, have entertained some doubts +as to the infallibility of the opinions here expressed, but they +show, at least, how impossible it seemed to some citizens that such a +corporation as the Canadian Pacific Railway could oppose temperance +activity on the part of its employees. The letter, addressed to the +Editor of the _Witness_, is as follows: + + "SIR,--In your issue of October 9th, a statement occurs which + suggests the necessity of a word of caution. The following is the + sentence: 'Some astonishing revelations may be expected, as the + temperance people are intensely indignant that the Company should + have yielded to the demands of the liquor party, and removed from + its service one who has been for years a trusted servant and + faithful officer.' From a personal acquaintance with several + gentlemen who control the appointment of officials of this and + similar grades of office in connection with the Canadian Pacific + Railway, I wait an explanation of this act of executive power + which will present it in an altogether different light from that + in which it now appears. I cannot believe that officers of any + Company, transacting business with, and dependent upon, the + public, as the Canadian Pacific Railway is, would descend to an + act as described in the case in hand. What the explanation will + be, I will not conjecture, but I can easily conceive it is + susceptible of an explanation which will remove all cause of + censure from the Company. In more than one instance, I have known + the officials of this Company to firmly support an employee in + the maintenance of moral principle, even at a financial loss to + the Company. But, apart from all loyalty to right principle, on + the part of the officiary of the Company, it is to me simply + inconceivable that shrewd business men as these officials are + known to be would be guilty of an act which from a purely + business point of view would be a stupidly suicidal one. It taxes + one's credulity to too great a degree to ask one to believe that, + in view of the recent plebiscite taken in several Provinces, that + any officer, possessed of mental qualifications sufficient to + secure a position of power in the Company, would ally himself + with a coterie of lawbreakers in a secluded village, and + perpetrate an act which would be resented by thousands of + business men and tens of thousands of the travelling public in + our Dominion, and attach a stain to the name of the Company which + would challenge contempt for years future. The facilities + afforded by other competing lines at so many points in our + Dominion for such as would resent an act of this character are + too great to permit a Company that is hungering for freight and + passenger traffic to yield to such inconsiderable and immoral + influences as the liquor men of Sutton Junction and their + sympathizers could command. The Company knows well how slight a + matter often creates a prejudice for or against a railway which + affects its dividends for years, and they know well also that + when an act of this kind is actually done and unearthed, that it + appeals to principles held as sacred by the public of our + Dominion. They also know that, however the temperance ballot + holders may be divided in their political allegiances, in a + matter of this kind, when no political ties bind them, they would + be practically a unit in resenting an act not only tyrannical, + but under the circumstances cowardly and immoral. One cannot + believe that this shrewd Company of high-minded and acute + business gentlemen would be guilty of the folly attributed to + them. Their effort is in every way honorable to attract their own + line, and it is past belief that they should play into the hands + of the Grand Trunk and other competing lines in any such manner + as the accusation, if proved, would mean. Give them time and + opportunity for an explanation before any expression of + indignation manifests itself, and especially before any hasty and + inconsiderate act of discrimination against the Company is made." + + SPECTATOR. + +The publication of the correspondence between Messrs. Brady and Smith +brought a flood of letters from the public to the Editor's offices. It +would be scarcely possible in this place to give all the letters which +appeared in the various papers, but we quote a few. The following is +from the _Witness_ of November 23d: + + "SIR,--I read with much pleasure the letter from 'A Total + Abstainer' in your issue of November 4th, and his purpose not to + travel by the C. P. R. in future, when he has the privilege of + another route. I would like to assure him that he does not stand + alone, that there are many others who feel just as strongly. It + was only to-day that I learned of two persons who, at some + inconvenience to themselves, took passage by the Grand Trunk + Railway in preference to the Canadian Pacific Railway, on account + of the way in which the Company has played so miserably into the + hands of the liquor dealers; and I know of other travellers who + are resolved to use the C. P. R. only when it cannot be avoided. + I am informed that some of the temperance organizations to which + he refers are not going to let the matter rest where it now is, + but will manifest their indignation in their own way and time. + + "It is almost beyond belief that a Company like this should treat + a servant with such inhumanity. + + "After being almost murdered when on duty by an employed agent of + the liquor party, and when about recovered from his wounds, he is + dismissed from the service for taking part in temperance work in + his own time. These are the facts as stated in the published + correspondence, and they need only to be stated to call forth the + indignation and condemnation of all honorable men. + + "ANOTHER TOTAL ABSTAINER." + +Another letter, published in the _Witness_ of December 29th, and +signed "Disinterested," is given below. The allusion to the queries of +the Alliance and the replies of the Assistant General Manager will be +more fully explained in the next chapter. + + "To the Editor of the _Witness_: + + "SIR,--I am usually of moderate temperament and seldom take + extreme views or measures on any subject, but if I understand + rightly the present state of the controversy between the Dominion + Alliance and the Canadian Pacific Railway, unless the latter has + a secret compact with the brewers, distillers and liquor venders + of this county, to warrant their taking the present stand, they + are adopting the most extraordinary course of any corporation + seeking public patronage I have ever known. The following is, as + I understand it, the present position of the affair: + + "1. There are lawbreakers in the county of Brome. + + "2. An employee of the C. P. R. aids in detecting them, and + bringing them to justice. + + "3. The lawbreakers hire a man to murder him, who fails to quite + accomplish his task. + + "4. The employee, in his hours off duty, denounces the practices + of the lawbreakers, and the traffic that creates such lawbreakers + and murderers. + + "5. A district superintendent of the C. P. R. informs him that + for so doing he is dismissed. + + "6. The Dominion Alliance asks why this should be so? Is it not + interfering with the liberty of the British subject? Is not + slavery revived in another form for an employer to say to an + employee, 'You must not express an opinion on any subject of + social reform or otherwise on pain of being dismissed from my + employ.' + + "7. The Assistant General Manager comes out in a two-column + letter explaining the attitude and act of the C. P. R. The + purport of that letter is that the man who antagonizes a + considerable portion of the community is therefore ... less + useful than he otherwise would be in any position (such, for + instance, as a station agent) in the employ of a railway company, + whose main object must be to increase the business, from every + possible source, and who must be careful not to antagonize any + portion of the community upon whose patronage, as a part of the + general public, the success of the Company depends. In all this + letter there is no distinction between the law-abiding and + lawbreaking sections of the community. The logical inference of + the whole letter is, the agent at Sutton antagonized the + lawbreakers of Brome, and those who abetted their doings, and, + therefore, the superintendent of the road was justified in + dismissing him. But by that act the superintendent 'antagonizes' + a very large section of the community, stretching from Halifax to + Vancouver, but he is sustained by the Company in his act. + 'Consistency, thou art a jewel!' As a Canadian I have felt just + pride in the C. P. R., I have advocated its claims against all + other transcontinental routes, especially have I compared it with + the Grand Trunk Railway, and advised my friends to patronize the + former. Now, however, as a free and law-abiding citizen I must, + on principle, change my method unless Mr. Tait, or some one else, + can explain the act of the Company. If both employees interested + in the Sutton matter had been dismissed, I could see that there + was an honest effort on the part of the Company to do justly, but + as it is I can only see underneath all this the intention of the + Company to favor the lawbreakers of Brome and liquor interests + generally at the expense of the temperance and Christian + community. If my views are wrong, and anyone will do me the + kindness to correct them, I shall owe him a debt of gratitude; + for I am exceedingly loath to believe such things of the + management of our noble Canadian Pacific Railway. Until then, + however, I must say that I shall not travel on one mile of the C. + P. R. when I can take another line. I am constantly on the road + between Quebec and Toronto, with headquarters in Montreal. I take + this stand not by choice nor caprice, but on the principles of a + free citizen." + +The following is an extract from a letter discussing the same subject, +published in _The Templar_ of Jan. 4th, 1895, and signed J. W. Shaw: + + "Without giving names, let me state what I have learned directly + affecting the moneyed interests of the C. P. R. Thinking of + visiting a certain station on one of their lines I asked a friend + who had just returned from it: 'What is the fare to that place?' + He replied, 'I don't know; I never buy a ticket; I can't say.' + When remonstrated with, he just said: 'I pay whatever is handy, + sometimes more and sometimes less!' Another individual, in the + habit of travelling in the same way, and boasting of his + smartness, casually remarked: 'My trip this time was a failure, + for Conductor ---- was on the train, and you know I could not + work him.' It did me good to hear that, for the conductor in + question is a well-known gospel and temperance worker, who labors + as he has opportunity for the uplifting of fallen humanity. On + this low plane then it would pay these companies to employ such + conductors, and give them all the scope required outside their + own business. Such employees save more to them than they will + ever lose through the fidelity to principle of any Mr. Smith. + Sterling honesty of principle that such men manifest, instead of + proving an objection, should merit the recognition if not the + approval of the wisest directorate, and should denote their + qualification rather than the reverse." + +Part of another letter, which was signed W. J. Clark, and appeared in +the same issue of _The Templar_, is as follows: + + "Now, suppose the 'section' which Mr. Smith had antagonized had + been the temperance people instead of the liquor element, what + would gentlemen Brady and Tait have said then if the matter had + been brought to their notice? Would they have dismissed Mr. + Smith? I trow not. They would in all likelihood have attributed + the complaint to what they would mentally designate as a handful + of cranks, and paid no attention to it. But when the liquor + element complains, what then? Their complaint is attended to at + once. Why? Because they are the most law-abiding and influential + section of the community? No, but because they are just at the + present time the most powerful section of the community. Do not + misunderstand me. I do not mean that the temperance people of our + land have not the balance of power in their own hands. They + certainly have, but they do not make use of it, while the liquor + element use what power they have for all it is worth. The C. P. + R., and all other such like corporations know full well this + state of affairs, and as Mr. Tait says: 'Their objects do not + extend beyond the promotion of their business,' and consequently + they are ready at all times to cater to the commands of those who + are making their power felt in the land, and to ignore almost + entirely the wishes of those who have the power, but fear to use + it. Mr. Editor, what are the temperance people doing? Are we + sleeping on guard? It seems to me that we are. How many of us, + after reading the two last issues of _The Templar_, will not + deliberately step on board of a C. P. R. train, and pay our money + to that corporation when in many cases we could just as + conveniently transfer our patronage to some other road. What is + our plain duty in the case? Is it not to show the Canadian + Pacific Railway that we are a power in the land, and that we + intend to plainly show that corporation that the rights of good + citizenship are not to be trampled upon with impunity? The action + of the C. P. R. in the Smith case should call vividly to our + minds the action of the Grand Trunk a few years ago, when they + discharged their agent at Richmond, Que., because he openly + opposed the temperance people." + +In concluding this chapter, we will give the opinion of an eminent +clergyman, Rev. J. B. Silcox, as expressed by him from the pulpit of +Emanuel Church, Montreal. Nor is this by any means the only voice +which sounded from Canadian pulpits on the same subject. The _Witness_ +of December 31st, 1894, has the following: + + "Referring to the C. P. R., Mr. Silcox denounced it vigorously + for its action in dismissing an employee because he saw fit to + fight the drink traffic. There was nothing in the world so + heartless as a great corporation. The C. P. R. had shown itself + more heartless than a despotic king. It had come to a sorry pass + when an employee was robbed of the right of exercising his own + free will. By its action the Company had thrown all its weight on + the side of the liquor party to which it catered. He had lived in + the Northwest several years, and had seen other instances of how + this great Company had ground others under its iron heel. 'In + discharging the man I refer to, the Canadian Pacific Railway has + shown that it lays claim to both the body and soul of its + employees. In the history of this country did you ever hear of + anything more shameful? It makes one's blood boil. And the men + who commit these acts can boast of knighthood. Alas!'" + + + + +CHAPTER VII. + +THE DOMINION ALLIANCE PROTEST. + + +We have been considering some of the opinions of the temperance and +law-abiding public regarding the dismissal of Mr. W. W. Smith. +However, the temperance people were not all content with simply +discussing the matter, and blaming the C. P. R. for the action they +had taken, nor even with transferring their patronage to another road. +The Alliance took steps to obtain an explanation of Mr. Brady's +conduct and the policy which he had attributed to the C. P. R., and if +possible to gain some reparation for an act which seemed to them +unreasonable and unjust. It was stated in a former chapter that the +secretary of the Quebec Provincial Branch had been instructed to +enquire into the rumored attempt of the liquor men to secure Mr. +Smith's dismissal, and report the facts in the case at the next +meeting of the Alliance. His conclusions after this enquiry are +embodied in the following letter, dated October 9th, and addressed to +"Thomas Tait, Esq., Assistant General Manager, Canadian Pacific +Railway": + + "DEAR SIR,--I herewith return the correspondence concerning Mr. + Smith which you allowed me to have, and which our committee very + carefully considered. The action taken by your Company in + dismissing Mr. Smith from his position as your agent at Sutton + Junction, notice of which he received on Saturday last, October + 6th, renders futile any further conference between the Company + and this Alliance on behalf of Mr. Smith. I am, however, + instructed to say that after a very careful consideration of all + the correspondence referred to us, after a thorough investigation + of the whole matter, we have come to the conclusion that the + paramount reason for Mr. Smith's dismissal is his activity as a + temperance man. Your Assistant Superintendent in his letter to + Mr. Smith, dated September 7th, makes this as clear as possible. + He says: 'You must either quit temperance work or quit the + Company. It makes no difference whether you are on duty or oft + duty, so far as this Company is concerned. They demand the whole + and entire time of their men, and they are going to have it.' + These are as plain words as the English language can produce, and + their meaning cannot be misunderstood. The complaints made + subsequent to my interview with you on the 19th of September + have, in our opinion, the appearance of an effort to find a + reason to explain the one given by your Assistant Superintendent; + a reason which we think your Company will find exceedingly + difficult to sustain at the bar of public opinion to which it + must now go. As regards these recent complaints, Mr. Smith has + never seen them. He has never been given an opportunity to deny + them, or offer any explanation. If these or other charges of a + similar character are the essential ones, then he has been + condemned without a hearing, either before your superintendent or + any other officer of the Company. Mr. Smith informs us that he is + quite prepared to defend himself against any charge of neglect of + duty or unfaithful service to the Company. His record of fifteen + years' service is an indication that as a railroad man he has + done his duty. As regards the principal charge, the charge upon + which his resignation was asked for by your Assistant + Superintendent in the letter referred to above in the following + words: 'I was in hopes you would relieve the strain by gracefully + tendering your resignation,' the specific complaint made being + that he had on the evening of September 3d, delivered a + temperance lecture. To this charge he pleads guilty, and now + suffers the consequences, viz., dismissal and pecuniary loss. + + "This Alliance, as representing the temperance people of this + Province, protests in the most emphatic manner against this act + of obvious injustice to one of our number; an act which we have + every reason to believe to be the result of a concerted plan to + use your Company to injure and if possible render nugatory the + temperance work of the people of Brome County, who, for very many + years, have been endeavoring to uphold and enforce the law of + the land, which declares that no intoxicating liquor shall be + sold within the bounds of that county. + + "In this effort, they did not expect to have the powerful + influence of your Company turned against them, and, therefore, + feel keenly and with intense regret this action in regard to Mr. + Smith, the President of the Brome County Alliance! You will + readily understand that we cannot allow this matter to drop, and, + therefore, have taken steps to bring the whole matter before + another tribunal. + + "I am, dear sir, respectfully yours, + "J. H. Carson, Sec'y." + +On October 16th, a meeting of the executive of the Quebec Provincial +Alliance was held in Montreal, for the purpose of considering affairs +relating to this dismissal. Mr. Carson reported the correspondence +which he had had with Mr. Tait, and the Executive, having unanimously +approved Mr. Carson's letters, adopted the following resolution: + + "WHEREAS, Mr. W. W. Smith, the President of the Brome County + Alliance, has been dismissed from his position as agent of the + Canadian Pacific Railway, and whereas we have reason to believe + that his dismissal has been brought about because of his + temperance activity, and not because of dereliction of duty: + _Resolved_, That this Alliance will stand by Brome County + Alliance in any action it may take under the advice of our + solicitors to vindicate the reputation of Mr. Smith." + +At this meeting also, a committee was appointed to whom the +correspondence in the hands of the secretary should be referred for +whatever action they might deem best. + +On October 26th, a meeting of the Brome County Alliance was held at +which the dismissal was also considered. Some members of the +Provincial Alliance from Montreal were present at this meeting. + +On December 22d, the following appeared among the _Witness_ +editorials: + + "The dismissal of Mr. W. W. Smith, the Canadian Pacific station + agent at Sutton Junction, for law and order work in a prohibition + county, and specifically for delivering a temperance lecture, is + still a live subject. The Dominion Alliance, as whose officer Mr. + Smith committed the offences for which he suffers, naturally + protested to the Company, and appealed to the public against this + assault on the liberties of their workers. The Company, we + understand, thinks it only fair that its reply to the Alliance's + protest should be published as widely as that protest was, and + this we think entirely reasonable, whatever may be said of the + merits of that reply, which does not seem to us to make the + matter any better. After being duly presented to a meeting of + the Alliance committee, and then referred to Mr. Smith, against + whom it raises new charges, it is now with the consent of all + parties published, and it will be forwarded to all the temperance + organizations for their information. It occupies a good deal of + room, but will be read with extreme interest as showing just how + a money corporation looks on the liberties of its servants." + +The reply referred to in this article as being that made by the C. P. +R. to the letter of Mr. Carson, which we quoted above, is as follows: + + "J. H. Carson, Esq., + "Secretary Dominion Alliance, Montreal. + + "DEAR SIR,--Your letter of November 9th reached me in due course. + I have been somewhat disinclined for several reasons to take part + in any further correspondence on the subject, but upon further + reflection I have decided to point out to you in writing, as I + have already, on two or three occasions, done verbally, that the + termination of Mr. Smith's engagement with this Company did not + take place by the reasons assigned by you in that letter. You + say, 'We have come to the conclusion that the paramount reason + for Mr. Smith's dismissal is his activity as a temperance man.' + Whether intentionally or unintentionally, this language is framed + so as to convey the meaning that the Company objected to the + principles (namely, temperance principles) which were advocated + by Mr. Smith. Nothing could be further from the truth. If Mr. + Smith had been as much occupied in abusing temperance principles + as he was in advocating them, the objection would have been not + only as great, but greater. It must be manifest to every business + man in the community that every railway company, and, indeed, + every other business organization employing large numbers of + workmen, is most emphatically in favor of temperance; so much so + that in the case of our Company I feel convinced that its + influence in favor of temperance and the prevention of the + improper use of intoxicating liquors is ten thousand times more + than that of Mr. Smith or any other individual, in fact, it is + probably one of the most powerful factors in that direction in + Canada. + + "Our Company has for many years past done what is not often done + by property owners. We have declined to sell our lands at + different stations along our line, except under conditions which + prevents the sale of intoxicating liquors on the premises, and + which have the effect of depriving the buyer of his title to the + property in case that stipulation is broken. In addition, we have + had for many years past, amongst the rules and regulations + governing all our employees, the following rule: + + "_'Use of Liquor._--The continued or excessive periodical use of + malt or alcoholic liquors should be abstained from by every one + engaged in operating the road, not only on account of the great + risks to life and property incurred by entrusting them to the + oversight of those whose intellects may be dulled at times when + most care is needed, but also, and especially, because habitual + drinking has a very bad effect upon the constitution, which is a + serious matter to men so liable to injury as railway employees + always are. It so lessens the recuperative powers of the body + that simple wounds are followed by the most serious and dangerous + complications. Fractures unite slowly, if at all, and wounds of a + grave nature, such as those requiring the loss of a limb, are + almost sure to end fatally. No employee can afford to take such + risks, and the Railway Company cannot assume such + responsibilities.' This rule has, in fact, been revised within + the last few months, and couched in more prohibitory language, + and will shortly be issued to the employees in that form. Along + our line there are thousands of its officials who are every day + insisting on the practice of temperance. They deal with the + engagement of subordinates and the conduct and efficiency of + persons in our employment in such a way as to show that + temperance is indispensable to the efficiency of our employees, + to the conduct of the Company's business, and to the success and + promotion of the workmen themselves, but this is done in respect + of matters which are entirely within their jurisdiction as + officers of the Company. + + "There are, unfortunately, many questions upon which the public + hold different opinions so strongly that they are virtually + divided into opposing classes, and it is impossible for any one + prominently and publicly to advocate either side of any of these + questions, without immediately raising a strong feeling of + opposition in a considerable portion of the community, who take + the opposite side. These questions are of different kinds, + religious, political, social, racial, etc.; and it must be + apparent that no matter how well founded any person's views may + be on any of these questions, if he devotes himself energetically + to the promulgation and advocacy of his views at public meetings, + lectures, etc., he will without fail antagonize a considerable + section of the community. It is, therefore, apparent to every + business man that any person who adopts this course at once + renders himself less useful than he would otherwise be in any + position (such, for instance, as a station agent) in the + employment of a Railway Company, whose main object must be to + increase its business from every possible source, and who must be + careful not to antagonize any portion of the community upon whose + patronage, as part of the general public, the success of the + Company depends. Illogically, and perhaps unfortunately, there + are many persons in every community who hold the employer + answerable for the public advocacy of the views of the persons in + his employment, even when disconnected with the business of the + employer. This ought not to be the case, but as undeniably it is + the case, it follows that the usefulness of an employee is with + certainty diminished, and perhaps destroyed, when he gives much + of his attention and some of his time to advocating his personal + views at public meetings, lectures, etc., upon either side of any + question upon which the public is divided in the way I have + before mentioned, and this, although he do so only during the + hours of the day when he is not supposed to be in the active + service of his employer. As far as I am able to judge, no + official of our Company, of whose duties one is to solicit and + secure traffic for the Company, could take sides on any of these + questions at public meetings and lectures without impairing his + usefulness to the Company. Taken by themselves, and without + regard to the circumstances, some of the expressions in Mr. + Brady's letters to Mr. Smith are capable of misinterpretation, + and, as I have stated to you on several occasions, do not meet + with the Company's approval, as they do not express correctly its + policy on the subject. There is no doubt, however, in our mind, + as I have already assured you, that throughout this unfortunate + affair Mr. Brady was only intent on protecting the Company's + interests by preventing unnecessary hostility, and at the outset + on saving Mr. Smith himself from trouble. + + "I have already shown you correspondence from different persons + containing statements concerning Mr. Smith, which, if true, + indicate the impossibility of any person being able to give + thorough and efficient service to any railway company, whilst he + publicly advocates views on either side of any question such as I + have referred to, upon which the public is divided. But the + matters referred to in that correspondence are insignificant + compared with the taking in public an active part on either side + of such moot questions as I have referred to. The conclusion that + Mr. Smith's usefulness was gone, does not depend on the truth or + untruth of them; it was therefore not necessary or proper to + discuss them further with Mr. Smith upon the theory that they + were material to the question whether he should continue or not + in the Company's service. As, however, in your letter you refer + to the complaints covered by that correspondence as having the + 'appearance of an effort to find a reason to explain the one + given for Mr. Smith's dismissal,' and as you have returned this + correspondence to me, it may not be out of place for me to + refresh your memory as to some of the points covered by it. Mr. + Stewart, the Superintendent of the Dominion Express Company, + wrote Mr. Brady, from Montreal, on September 29th as follows: + + "'Route Agent Bowen informs me that when visiting Sutton Junction + this week, he found F. G. Sinclair in charge of the station, and + doing the work in Mr. Smith's name. Mr. Smith had gone away + without giving us notice. He did not give the new agent the + combination of the safe, and carried away our revolver for his + protection, instead of leaving it at the station to protect our + property. Mr. Bowen succeeded in finding Smith, and getting the + revolver, and also had the combination of the safe changed and + given to the new agent. I may say that Mr. Smith had given the + relieving agent the combination of the outside door of the safe + only, which left us without any better protection than an + ordinary fire-proof safe, and we sometimes have very large + amounts of money to carry over night. This is just about in + keeping with all Mr. Smith's work. Unless we can be assured of + better protection at Sutton Junction, we will have to make + different arrangements in regard to handling our money for the + Northern division, by transferring the fire and burglar proof + safe at Sutton Junction to Fosters, and make the money transfer + at that point instead of at Sutton Junction. + + "'Of course, it will be absolutely necessary to transfer some + money at the Junction at all times, but bank packages, etc., will + have to be sent by the other route for our protection. + + "'Route Agent Bowen reports the present agent is attending + carefully to our business. If the old agent will be re-appointed + I would be glad of a few days' notice so we can make different + arrangements in the interest of this Company.' + + "You will remember from the correspondence that Mr. O. C. Selby + wrote to Mr. Brady that he had the combination of the outside + door of the safe, and that the combination of the inside door, + which should also have been used, was not used from the time Mr. + Selby started work (October, 1893) until June last; that Mr. + Smith was often absent from the office during the day, frequently + remaining there only half an hour. + + "You will remember also that Mr. J. O'Regan, the operator at + Sutton Junction, stated in writing that he had at the request of + Mr. Smith, who desired to absent himself from duty, worked in the + latter's place on the afternoon and evening previous to the + assault, and that on several occasions he had been left in charge + of the station during Mr. Smith's absence. In this connection + you will remember that I informed you that on the occasion first + referred to, and that on some, if not all, of the previous + occasions, Mr. Smith had absented himself from duty without + permission. I believe that it was admitted by Mr. Smith himself, + at the trial, that when he was assaulted he was asleep, although + at that time he should have been on duty as operator. + + "You will also recollect that Mr. Smith, having applied through + Detective Carpenter to Mr. Brady for leave of absence to go to + New Marlboro, Mass., for the purpose of identifying one of his + assailants, and having obtained such leave of absence, and a pass + to Newport and return, remained absent from duty for ten days + after his return from New Marlboro, without communicating with + Mr. Brady, and that it was while he was so absent without leave + that he delivered a temperance lecture at Richford. + + "It is not customary with this Company to discuss with persons + not directly interested the reasons for discharging, punishing, + rewarding or otherwise dealing with its men, but you will + recollect that in this case an exception was made, and that I + offered you every facility, including free transportation over + our line, if you would, by visiting localities in which Messrs. + Smith and Brady were known, satisfy yourself as to the propriety + of Mr. Smith's discharge, and it will also be within your memory + that I offered to arrange a meeting between yourself and Mr. + Brady, or, if it was desired, to meet your committee myself to + discuss the matter. None of these offers was taken advantage of, + and, so far as I know, none of the suggestions made were + followed. + + "It is not, however, as I have said, necessary to go into these + details in order to support the conclusion that Mr. Smith's + usefulness as agent for the Canadian Pacific Railway Company is + over. The Company is carrying on the business of a railway + company, and its objects do not extend beyond the promotion of + that business. Its success depends upon the favor and patronage + of the community at large, and if one of its officers or + employees so conducts himself as to antagonize a section of the + community, or even in a manner which is likely to bring about + that result, the Company's interests are injuriously affected, + and the Company will naturally do, what every business man would + do, namely, protect its interests by his removal. + + "Yours truly, THOS. TAIT, + "Assistant General Manager. + "_Montreal, Dec. 6th, 1894._" + +It will be noticed that in this letter Mr. Tait, referring to the acts +of officials, "who are every day insisting on the practice of +temperance," says: "But this is done in respect of matters which are +entirely within their jurisdiction as officers of the Company." The +implication plainly is that, while officers of the Canadian Pacific +Railway have a right to insist upon sobriety among the employees of +the Company, they have not a right to engage in any other form of +temperance work. That all Mr. Smith's work for the cause was within +his jurisdiction as an officer of the Alliance, and a free citizen is +not taken into consideration, and it appears that no employee of the +Canadian Pacific Railway is supposed to have a right to accept any +offices or perform any duties outside the Company's services. + +Mr. Tait does not condemn the position taken by his Assistant +Superintendent, on the contrary he very plainly takes the same +position himself, and simply disapproves of some of Mr. Brady's +expressions. This reminds us of what is told of some parents who are +said to punish their children, not for evil doing but for getting +found out. If Mr. Brady had concealed the motive for his act so as to +prevent any complaints from the public, the Company, according to Mr. +Tait's letter, would have had no objection to the dismissal of an +employee simply for temperance activity. + +To the above letter Mr. Carson made the following reply, which was +published in the same issue of the _Witness_: + + "December 21st, 1894. + "T. Tait, Esq., Asst. General Manager, C. P. R.: + + "DEAR SIR,--Your letter of December 6th has had the attention of + the Alliance Committee, which takes great pleasure in hearing of + the stand taken by your Company in various ways in behalf of + temperance, the wisdom of which will commend itself to all. When, + however, you say Mr. Smith was not dismissed for the reason + assigned in my letter to you, namely, his activity as a + temperance man, you deny what seems to be admitted in the whole + of the rest of your letter. This was, as the correspondence + shows, the only reason conveyed to Mr. Smith as the cause of his + dismissal. My letter did not allege, nor was it intended to + convey the impression, that the Company's action was due to its + objection to the principles held by Mr. Smith, but that it was + due to his activity in advocating those principles. + + "You have at considerable length set forth that what the Company + objects to is, that an employee of the Company should actively + take sides on a question on which the community is divided, even + 'although he do so only during the hours of the day when he is + not supposed to be in the active service of his employer,' and + you add that 'no official of our Company, one of whose duties is + to solicit and secure traffic for the Company, could take sides + on any of these questions at public meetings and lectures without + impairing his usefulness to the Company.' This is precisely the + position taken by Mr. Brady in his correspondence with Mr. Smith, + and it is against this position, to which the Company through you + pleads guilty, that we, in the name of the temperance people of + Canada, protest, implying as it does a condition of servitude to + the liquor interest on the part of a national institution + dependent upon the public patronage for support, which insults + all that is best in our public opinion, and insisting as it does + on a condition of ignoble slavery on the part of the employees of + the Company. You refer to the matter in which Mr. Smith was + regarded as over-active as a moot question. + + "Whether men should be required to observe the law of the land, + or be punished for violating it, is, we submit, not a moot + question. On the contrary, we hold it the duty of every loyal + citizen to uphold law, and render such assistance as lies in his + power to secure its enforcement. + + "With regard to the later charges against Mr. Smith, + parenthetically enumerated in your letter, you say they are + insignificant, and that, therefore, 'it was not necessary or + proper to discuss them further with Mr. Smith.' If so, we may + also be excused from discussing them. We have given Mr. Smith + communication of your letter, that he may reply to these if he + sees best. + + "Referring to your kind offer of free transportation over your + line, to visit the localities in which Messrs. Smith and Brady + were known, and satisfy myself as to the propriety of Mr. Smith's + discharge, I might say that I did visit those localities without + accepting the offer of free transportation, which accounts for + your not knowing of my visit to Brome County. As the result of + that visit I was still better informed as to the operation of the + occult influence which had brought about Mr. Smith's dismissal. + + "Your offer to meet our committee and discuss the question was + rendered nugatory by the dismissal of Mr. Smith. + + "In the management of your Company it is not our part to + interfere, but when an employee of your Company is dismissed, as + alleged by the Assistant Superintendent, and now confirmed by + yourself, for publicly advocating those principles which this + Alliance is organized to promote, and for promoting the + observance of the laws of his country, it is right for us to + express to you the protest of a very large portion of the people + of Canada, and their indignation at seeing one of their number + thus suffer for conscience sake. It is, of course, for the + Company to judge how best to promote its own business, but when + so large a portion of the public as those who support temperance + laws and seeks their enforcement is openly snubbed in the + interests, and it would seem at the instance, of illicit and + murderous dealers in a contraband article, from the transport of + which your Company seeks profit, we may fairly ask the question + whether the Company is acting even the part of worldly wisdom. + Your declaration that if one of the Company's officers or + employees so conducts himself as to antagonize a section of the + community, or even in a manner which is likely to bring about + that result, the Company's interests are injuriously affected, + and the Company will naturally do what every business man would + do, namely, 'protect its interests by his removal,' is definite + and distinct, and seems to apply to the definite attitude assumed + towards the advocates of temperance by your Assistant + Superintendent. His conduct is certain to be remembered with + resentment all over Canada, so long as his continuance in office + and the endorsement of his act are the index of the policy of + your Company. + + "I remain, dear sir, + "Very respectfully yours, + "J. H. CARSON, Secretary." + +As stated by Mr. Carson, Mr. Tait's letter was forwarded to Mr. Smith, +that he might reply to its accusations if he saw fit. Accordingly, he +wrote to the Editor of the _Witness_ as follows: + + "SIR,--I desire, in replying to the complaints made against me in + Mr. Tait's letter, addressed to the Secretary of the Dominion + Alliance, to say that, so far as these complaints are concerned, + this is the first time I have seen them, and I have never been + asked by the Canadian Pacific Railway to offer any explanation, + nor have I been given an opportunity to deny the correctness of + the charges made against me. + + "With regard to the letter of Mr. Stewart, of the Dominion + Express Company, I have this to say: This complaint, in the first + place, was only made three weeks after Mr. Brady had requested me + to tender my resignation, for the specific reason given in his + letter, so that it could not have had any connection with the + real cause of my dismissal. + + "When I was assaulted on July 8th, I wired Mr. Stewart that I + was unable to work, and asked him if I should give the + combination of the inside door of the safe to the man in charge. + I received no reply. Mr. Stewart knew perfectly well that I was + sick in bed, and that it was his duty to send a man to change the + combination, which he did not do, after being wired of my + disability. Now Mr. Stewart, after paying not the slightest + attention to the notice of my illness, censures me for not + notifying him when I went to the United States to identify the + man who assaulted me. Regarding my carrying off the revolver, + this is true; but, as the Company demanded the whole of my time + off duty, as well as on, and as I was expected to resume work any + day, I do not see why I should not be regarded as their property, + and as much entitled to protection as any other until I was + dismissed. + + "Mr. Selby's statements are also misleading. It was months after + he entered my office before I allowed him to have the combination + of the safe (outside door), and this was with the knowledge and + consent of Route Agent Bowen, or he would never have had even the + combination of the outer door. Mr. Bowen checked up my office + with Mr. Selby two or three times, and was satisfied. Mr. Selby's + statement that the inner door of the safe was not used from + October, 1893, to June, 1894, is not true, and cannot be + substantiated, as he was away from my office for weeks during + that time. + + "As to my changing work with Mr. O'Regan, I did, and such things + are quite customary with agents and operators, as well as + Assistant Superintendents; and this custom prevails at the + present time all along the line. I may add that there was a + distinct understanding between Mr. Brady and myself that I could + drive out or walk out whenever I saw fit, without communicating + with him. + + "Some explanation ought to be made concerning the manner in which + these complaints from Mr. Selby and Mr. O'Regan were secured by + Mr. Brady, when it was found necessary to produce before Mr. Tait + other evidence against me. I have seen both Mr. Selby and Mr. + O'Regan in company with a witness I took with me, and questioned + them as to how they came to make such charges. I found that Mr. + Brady had taken the fast express from Farnham, which does not + stop at Sutton Junction; it, however, slowed up enough to allow + him to jump off. He walked to the station and remained nearly + three hours endeavoring to obtain incriminating evidence against + me. Mr. Selby informed me he did not think his letters would come + to light, as Mr. Brady told him it would be personal, and he + thought as I was dismissed from the Company's service, the + statements would not hurt me, and it might help him to a + situation at some future time. He said the statements were first + drawn from him by adroit questioning, and he was then asked to + put them in writing. + + "When Mr. Brady arrived at Sutton Junction, the night operator, + O'Regan, was asleep, but he did not hesitate to call him up, and + deprive him of two or three hours' rest, notwithstanding the fact + that on the first of July, when he refused to allow the night + operator, Ireland, to work for me so as to permit of my going to + Montreal to attend the National Prohibition Convention, the + reason he gave was that night operators required their days to + rest to insure efficient service during the night. But in this + case he breaks up the rest of a night operator in order to secure + this statement from O'Regan. + + "Mr. Tait says I was asleep when assaulted. This I do not deny, + but he knows his operators all sleep more or less during the + night, when they understand the position of their trains. Every + railway man knows this. But why are these matters brought before + the public now? Why was I not allowed a hearing by the officers + of the Company? If a collision occurs on the line, or other + serious things occur, the parties concerned are given a chance to + clear themselves. If men get drunk and damage the Company's + property, they are given a hearing, and in many cases they resume + work. But all this was denied me. There must have been a reason + for this; it must be because Mr. Tait really understood the whole + matter thoroughly, as he says in his letter, 'This + correspondence' (referring to these later charges) 'is + insignificant,' and especially as he has said to a _Witness_ + reporter, and published in the _Witness_ of July 11th: 'I have no + proof that Mr. Smith has violated the confidence of the Company.' + No, my serious offence was, as Mr. Tait states, 'the taking in + public an active part on either side of such moot questions as I + have referred to.' + + "Mr. Tait also stated that this rule applies to questions of + politics. Now, if the same rule applied to temperance as applies + to politics, I would still be in my position as agent of the + Canadian Pacific Railway at Sutton Junction, for during the last + general elections the Company would have allowed me to move + heaven and earth, if possible, to elect their candidate, which we + did through their wire pulling. I don't wonder people say the + Canadian Pacific Railway runs the government, but they cannot run + the Brome County Alliance or any of the other temperance + organizations. I would like to ask Mr. Brady in connection with + these charges, why he should add insult to injury by asserting + that the temperance people could all 'go to h----l,' and he 'does + not care a G---- d----' for them all, and why was I approached in + an obscure way, and inducements made to me to resign my position + as President of the Brome County Alliance, and give up lecturing + on temperance, and retain my position as agent of the Canadian + Pacific Railway? These are some facts that more clearly reveal + the real cause for my dismissal, and the source from which + opposition to me really came, namely, the liquor traffic, exerted + through its emissaries. + + "It should be borne in mind that every scrap of evidence against + me, such as it is, has been trumped up, since my dismissal. Who + before ever heard of a man being sentenced and executed and then + the evidence of his guilt hunted up? + + "W. W. SMITH. + "_Sutton, December 24th, 1894._" + +The feelings which then animated the temperance public of Canada +concerning the conduct of the Canadian Pacific Railway may be seen +from the following article in the _Witness_ of December 28th: + + "The meeting of representatives of the various provincial and + Dominion temperance bodies, held yesterday afternoon in the + Temple Building, was for the purpose of receiving reports from + the executives of these grand bodies concerning the action of the + Canadian Pacific Railway Company, in dismissing Mr. Smith for his + activity in temperance work. + + "The Secretary presented a very large number of resolutions + adopted by these various executives, expressing their + condemnation of the Company, and endorsing heartily the action of + the Alliance, in seeking to have the injustice removed. The + resolutions were from British Columbia, Northwest Territories, + Manitoba, Ontario, Quebec, as well as from Maritime + Provinces--from far off Victoria, B. C., to Halifax, N. S. + + "The communications indicate that the whole temperance community + is thoroughly aroused, and intensely interested in this matter. + The meeting adopted a strong resolution, which was referred to a + committee of five, who were empowered to take such further action + as they deem best to carry out the spirit of the resolutions + presented to the meeting yesterday. + + "The Secretary was instructed to inform Mr. Tait, Assistant + General Manager of the Canadian Pacific Railway, that this + committee would confer with him in regard to this matter, if we + should so desire. The committee will await Mr. Tait's reply + before publishing the resolutions received or those adopted at + yesterday's meeting." + + + + +CHAPTER VIII. + +RESULTS OF THE ALLIANCE PROTEST. + + +In our last chapter was given a letter written by Mr. Carson on +December 21st, and addressed to Mr. Tait. The reply to this was as +follows: + + "J. H. Carson, Esq., Secretary Quebec Provincial Branch of the + Dominion Alliance, 162 St. James Street, Montreal: + + "DEAR SIR,--I have acknowledged the receipt of your two + communications of the 21st and 28th ult. As your letter of the + 21st states that the Alliance does not allege that the reason for + Mr. Smith's discharge by the Company was the nature of the + principles held and advocated by him, and states that the sole + objection of the Alliance to the action of the Company in this + matter is the discharge of an employee from its service 'for his + activity in advocating those principles,' I now desire to state + briefly, and in such a way as I trust will prevent any + possibility of being any longer misinterpreted, the views of the + Company on that point. + + "The Company does not object to its employees holding, practising + and promoting temperance principles in such a manner as not to + injuriously affect the Company's interests, but it does object + seriously to any employee actively engaging in the advocacy and + agitation of these or any other principles or views, no matter + how respectable and proper in themselves, about which there is a + well understood difference of opinion in the community, in such a + manner as either to injuriously affect the Company's interests or + to impair his usefulness as an employee, or to interfere with the + proper performance of his duties to his employer, as to all of + which it cannot be expected that any other than the Company + should be the judge. + + "There is a large portion of the population of this country who, + rightly or wrongly, differ from and oppose the views which are + promulgated and promoted by the Alliance, and which have been so + vigorously and persistently advocated by Mr. Smith, the result + being, as it was sure to be, that his usefulness as our agent was + seriously impaired, owing to the Company having to bear to some + extent the antagonism which logically perhaps ought to have been + confined to him, though there was some ground for the public + considering that the Company was taking a part in his advocacy, + since in advertising public meetings to be addressed by himself, + Mr. Smith described himself as 'W. W. Smith, of the Canadian + Pacific Railway, Temperance Lecturer.' + + "In this connection I beg to draw your attention to the fact that + Mr. Smith did not confine his work of agitation, public + lecturing, etc., to the County of Brome, or that section of the + country in which the majority of the population had voted in + favor of the prohibition of liquor, but that his operations + extended beyond these limits. After the fullest investigation, + and consideration of this whole matter, I feel constrained to say + that the Company's course was, under the circumstances, not only + justified, but, having regard to its business interests, + unavoidable. + + "In yours of the 21st ult., you refer again to the correspondence + between Mr. Brady and Mr. Smith. Inasmuch as the Company has + stated that the expressions complained of do not meet with its + approval or express correctly its policy, I submit that it is now + clearly improper and unfair to endeavor to make them appear as a + reason for the continuation of the complaint against the Company. + + "I note from your letter of the 28th ult., that a meeting is + suggested between the officials of the Company and a committee + representing the Alliance. I shall be glad, as I a long time ago + offered to meet this committee, and as you have kindly left the + appointment of the time and place of meeting with me, I suggest, + if it is convenient to the committee, my office on Monday next, + at eleven A. M. + + "The delay in replying to your letters was due to the uncertainty + of my movements and consequent difficulty in naming a time for + the proposed meeting. + + "Yours truly, + "(Signed), THOS. TAIT, + "Assistant General Manager." + +According to the spirit of this letter, no man having an interest in +any reform, or a desire to aid in any work for the good of his +fellow-men, can conscientiously hold a position in the employ of this +great Company, which is so influential in our beloved country. Must +every self-supporting man be a slave? + +Mr. Tait says, "After the fullest investigation, and consideration of +this whole matter, I feel constrained to say that the Company's course +was, under the circumstances, not only justifiable, but, having regard +to its business interests, unavoidable." + +Mr. Tait does not say "Mr. Brady's course," but "the Company's +course," thus showing that Mr. Brady had not acted independently of +his superior officers in dismissing Mr. Smith. + +Mr. Tait also expresses the Company's disapproval of Mr. Brady's +"expressions," while he, himself, makes statements which seem quite as +objectionable as those of Mr. Brady. Moreover, as Mr. Tait sanctions +the dismissal of an employee for active temperance work, and mentions +in this letter no other cause as having led to Mr. Smith's discharge, +we do not see why he should object to an Assistant Superintendent +naming the same reason to an under official, whom he is dismissing +from the Company's service. + +The conference arranged between Mr. Tait and the representatives of +the Alliance was held in the office of the former on January 7th, +1895. The meeting began at half-past eleven, and continued until +nearly two o'clock, when, as no definite decision was reached, it was +decided to adjourn until the following morning. The resolutions +adopted by the various temperance bodies in Montreal, and elsewhere, +were presented to Mr. Tait. The following circular, issued by the +Quebec Provincial Branch of the Dominion Alliance, shows the result of +the conference on January 8th. + + "Dominion Alliance, + "Quebec Provincial Branch, + "MONTREAL, Jan. 30th, 1895. + + "DEAR SIR,--On November 28th last, by circular letter, we called + the attention of the executives of the various grand bodies of + the temperance organizations of the Dominion to the action of the + Canadian Pacific Railway Company, in dismissing from their employ + the President of one of our county alliances, Mr. W. W. Smith. + Enclosed in this circular was a copy of the correspondence which + led up to the dismissal. In response to this circular, + resolutions were received from every Province of the Dominion, as + well as from the executives of Dominion organizations. + + "These resolutions were very emphatic in their condemnation of + the position taken by Assistant Superintendent Brady, in the + published correspondence, to wit, that an employee 'must quit + temperance work or quit the Company.' + + "These resolutions were carefully considered at the conference of + temperance representatives, held in this city on December 27th, + and it was decided to ask the Canadian Pacific Railway to + repudiate the position taken by Assistant Superintendent Brady, + and that it take such action in regard to Mr. Brady, whose course + has given so much offence to the temperance people, as will + convince its employees and the public that its policy is not that + represented by his act. It was also decided that before any + further action be taken, the Canadian Pacific Railway should be + notified that if it so desired, a deputation from this meeting + would be prepared to meet the representatives of the Company in + conference. + + "The Company concurred in the suggestion, and as a result of two + lengthy conferences, the following agreement was arrived at: + + "'The Canadian Pacific Railway distinctly repudiate, as they have + done from the commencement of the discussion, the expressions + used by Assistant Superintendent Brady, when demanding Mr. + Smith's resignation, which expressions have been taken exception + to by the temperance people. + + "'The Canadian Pacific Railway admit the right of employees to + identify themselves with the temperance movement, and work for + the same, provided such work is done outside official hours, + always with due consideration to the interests of the Company. + The committee accept such declaration as satisfactory. + + "'The committee claims that the hasty and ill-advised language + used in Assistant Superintendent Brady's correspondence, and + otherwise, has caused grave dissatisfaction on the part of the + temperance people of Canada. The committee disclaim any attempt + to coerce or dictate to the Canadian Pacific in the management of + the Company's affairs, but under the circumstances look to the + Canadian Pacific Railway to place on record some substantial mark + of their disapproval of the expressions of one of their staff, + same having been the means of causing offence to a large portion + of the community. + + "'The Canadian Pacific Railway claims that, if for no other + reason, Mr. Smith's discharge was justifiable on the ground of + neglect of duty.' + + "This was signed by Mr. Thomas Tait, Assistant General Manager, + on the part of the Canadian Pacific Railway, and by the following + delegation as representing the temperance people of Canada: Major + E. L. Bond, Mr. E. A. Dyer, M. P., Rev. A. M. Phillips, Mr. A. M. + Featherston, Mr. S. J. Carter, and Mr. J. H. Carson. + + "This agreement and the delegation's report was received and + approved as satisfactory, by the executive of this provincial + Alliance, and a committee appointed to communicate the result to + the temperance bodies. + + "It will thus be seen that the Company has entirely repudiated + the offensive language used by Mr. Brady, and declares that it + does not express the attitude of the Company towards the + temperance cause. + + "The Company also admits the right of its employees to engage in + temperance work; and as regards Mr. Brady, it acknowledges that + cause for dissatisfaction has existed, and promises that action + will be taken to remove this cause. + + "In placing these facts before you, we have to congratulate our + friends throughout the Dominion upon the satisfactory conclusion + of this matter, which has given us all so much anxious concern. + + "Another cause for congratulation is the intense interest + manifested in this case in every part of the Dominion. From + Vancouver to Prince Edward Island have come expressions of hearty + cooeperation, which have been exceedingly gratifying, clearly + demonstrating the fact that there is a temperance force + throughout the country which, if only concentrated, and directed + unitedly against the legalized liquor traffic of our land, would + be positively irresistible. In the present instance a vital + principle of temperance reform was attacked and almost + immediately the whole Dominion resounds with the protests of the + temperance people, and forthwith the injustice is removed. + + "With regard to Mr. Smith, we have this to add, that having since + accepted the position of organizer and lecturer for the + Independent Order of Good Templars of this Province, he had no + desire to return to the Company's employ, preferring to devote + himself entirely to the temperance work. + + "On behalf of the executive, + + "E. L. BOND, } + "S. J. CARTER, } + "A. M. FEATHERSTON, } _Committee_." + "A. M. PHILLIPS, } + "J. H. CARSON, } + +It will be noticed that in this letter the committee congratulate +their friends upon "the satisfactory conclusion of this matter." Also +at a meeting of the Executive of the Alliance before the above +circular was issued the following resolution was adopted: + + "That this executive having heard the agreement and the report of + the committee thereon, is satisfied with the same, and + congratulate the temperance people of Canada on the result." + +It is often well for us to look at the bright side, and this was what +the Alliance Committee determined on doing, and there surely were some +encouraging features connected with this case. + +Nevertheless, as there are generally two sides which may be seen in +such an affair, there were many of "the temperance people of Canada" +who did not consider this conclusion satisfactory, and exchanged no +congratulations, and it may do us no harm now to look briefly at some +of the disappointing features in this settlement. + +First, it is said, "that the Company has entirely repudiated the +offensive language used by Mr. Brady, and declares that it does not +express the attitude of the Company towards the temperance cause." +Now, Mr. Tait had taken precisely this same position in his letters +to the Alliance Secretary, previous to the meeting with the committee, +and even in the minutes of the meeting, as above given, it is said, +"The Canadian Pacific Railway distinctly repudiate--_as they have done +from the commencement of the discussion_--the expressions used by +Assistant Superintendent Brady." In view of this it would seem that +not much was gained by the meeting on this point. + +Secondly, we are told that "the Company also admits the right of its +employees to engage in temperance work." It certainly was encouraging +that this great Company should try to appear pleasing to the Alliance, +and seemed to show that the Canadian Pacific Railway considered the +temperance party a powerful factor in the land, but when we come to +consider the manner in which the admission mentioned above was made, +we can but see that it has a very doubtful side. The sentence in which +the Company makes this announcement is as follows: + + "The Canadian Pacific Railway admit the right of employees to + identify themselves with the temperance movement, and work for + the same, provided such work is done outside official hours, + _always with due consideration to the interests of the Company_." + +As we are not told that Mr. Tait, at the meeting, repudiated any of +his own former statements, we will look at the above in the light of +the following, from his letter of December 6th, to Mr. Carson: + + "As far as I am able to judge, no official of our Company, of + whose duties one is to solicit and secure traffic for the + Company, could take sides on any of these questions," referring + to matters about which the public disagree, "at public meetings + and lectures without impairing its usefulness to the Company.... + ..... The Company is carrying on the business of a railway company, + and its objects do not extend beyond the promotion of that business. + Its success depends upon the favor and patronage of the community + at large, and if one of its officers or employees so conducts + himself as to antagonize a section of the community, or even in a + manner which is likely to bring about that result, the Company's + interests are injuriously affected." + +The admission made to the Alliance seems to be robbed of most of its +virtue by the above statements, and it would seem that even yet the +employees of the Company may have but little liberty of conscience. + +It is also said in the aforementioned circular that, "as regards Mr. +Brady, the Company acknowledges that cause for dissatisfaction has +existed, and promises that action will be taken to remove this cause." + +This acknowledgment was certainly a good one, but we have no knowledge +of the promise having been fulfilled. Mr. Brady has been moved from +one division to another of the Canadian Pacific Railway, but as this +change did not take place until long after this meeting was held, and +then only in connection with many others among the officials and +employees of the Canadian Pacific Railway, and as Mr. Brady still +holds an honorable position in the Company's employ, we see no reason +for supposing that this had any connection with the promise made to +the committee. + +Some of the temperance people feeling dissatisfied with the results of +the Canadian Pacific Railway-Alliance Conference sent communications +regarding it to the papers, but the press, from some cause, seemed +very loath to publish these protests. However, the following, +addressed to the Editor of the _Witness_, did find its way to the +public, and may have expressed the opinions of many besides the +writer: + + "SIR,--That the temperance people of Canada were moved, as never + before, by the dismissal of its Sutton Junction agent, Mr. W. W. + Smith, by the Canadian Pacific Railway Company, because he had + rendered himself obnoxious to the lawbreakers of the County of + Brome, who had tried but failed to kill him, there is no doubt, + as may be clearly seen from your columns, to say nothing of the + thousand hearts, which, like mine, said nothing, but felt no less + all the while that by its action the Canadian Pacific Railway + had placed a premium upon lawlessness and immorality at the + expense of those whom I had been taught to regard as the 'salt of + the earth.' + + "The immediate consequence of this was that that line of railway + was being shunned, and its services neglected by many of its old + patrons, and by this loss its magnates were being taught a + lesson, and put on the 'repentent stool,' and it seemed almost + certain that never more would the Bradys, Taits, and Van Hornes + of this Canadian made and pampered corporation forget that + temperance people of Canada had both the will and the power to + retaliate upon their persecutors. And that if another such + dismissal was ever again attempted, they would 'more darkly sin,' + and hide the 'cloven foot,' which was so openly shown by Brady + and Tait. + + "At this juncture of its affairs, and at the moment when a + persistence in the agitation would probably have resulted in + reparation of the wrong done to Mr. Smith, and an open + repudiation of its immoral attitude, Mr. Tait managed to get a + hold of some gentlemen, who like the seven Tooley Street tailors, + who called themselves 'We, the people of England,' arrogated to + themselves the right to speak for the temperance people of + Canada, and he played them off on the 'Come into my parlor, said + the spider to a fly,' and the upshot of the matter is the most + disappointing and sickening, I think, I have ever seen. + + "I do not know the names of any one of these men, so I cannot be + accused of malice in holding up their conduct to the + commiseration not to say contempt of the public. Though an + intense prohibitionist I have never been able to appreciate the + wisdom and nerve of some of our temperance people; yet, never + before have I noticed anything that looked so like treachery to + our cause. + + "In your issue of the 8th inst. we have a large heading, 'Brady + Repudiated,' and in the body of the article we see this + temperance committee, if not openly repudiating Mr. Smith, + allowing the Canadian Pacific Railway to defame his character, + and to their very teeth justify his dismissal, and giving their + consent to both. + + "How artfully Mr. Tait changed the whole ground of complaint; and + how simply the committee were hoodwinked and befooled will be + seen, when I say that that which roused the temperance people was + the truckling of the Canadian Pacific Railway to the liquor + traffic, and its marked contempt for temperance men, its moral + tyranny over its employees, and its wrongful dismissal of Mr. + Smith, simply because his attitude on a moral question had + exasperated the other side. But in the report which you give of + the interview between this committee and Mr. Tait, all this is + lost sight of, and the whole ground of complaint is made to rest + on poor Brady, the 'scapegoat's' phraseology. 'The committee + claimed that the ill-advised language used in Assistant + Superintendent Brady's correspondence has caused great + dissatisfaction on the part of the temperance people of Canada.' + + "The committee would seem to have insisted on the punishment of + Brady, while concurring with Tait in everything. The report says: + + "'The Canadian-Pacific Railway acknowledges that cause for + dissatisfaction has existed, claim the responsibility of dealing + with, and will deal with the matter in such manner as they + consider deserving in the premises.' If this is offered as a + salve to the small, cowardly feelings which would like to see a + subordinate punished for doing what he was told to do, I trust + the Canadian Pacific Railway will disappoint the committee, and + let their scapegoat go free. It would be both cruel and unfair + that the blow should fall on Brady, the mean tool, and the bigger + tyrants go free. This is so evidently seen in the fact that Tait + practically insists on the same right to muzzle Canadian Pacific + Railway employees that Brady did. + + "JAMES FINDLAY. + "_Beachburg, P. Q._" + +Commenting on the above letter the _Witness_ says: + + "The question might be raised whether the committee appointed by + the temperance conference had instructions to come to any + agreement with the Canadian Pacific Railway. They certainly were + instructed to give the Company an opportunity to right the wrong + it had done before proceeding to publish the finding of the + conference. It was, therefore, natural for the Company's + representative to ask the committee what would satisfy them, and + it would seem to the committee unreasonable not to answer such a + question. Mr. Findlay labors under a misconception if he thinks + the committee were not independent, and determined to maintain + the rights of temperance men. They were selected so as best to + represent the interests of Mr. Smith as well as those of the + principles at stake. The assurances they received were certainly + about as complete as could well be looked for from a Company that + was not prepared to acknowledge itself dictated to as to the + management of its internal affairs. The Company was not asked to + reinstate Mr. Smith, which would have been unpleasant for him. + What it promised was that temperance men should be under no + disability in its service, and though it reserved to itself the + right to manage its own affairs, it acknowledged that cause for + dissatisfaction existed, and undertook to deal with the matter. + This, we submit, if followed up in accordance with the Company's + policy, as stated in Mr. Tait's letters, is a very satisfactory + position." + +The reason of this latter statement is seen when we remember that "the +Company's policy as stated in Mr. Tait's letters" was that when any +officer or employee antagonized a part of the community on a question +on which the public were divided, the Company would "protect its +interests by his removal;" and Mr. Brady had certainly opposed and +displeased a very large portion of the community. How this Assistant +Superintendent was really dealt with, is shown by the following from +a report of an executive meeting of the Provincial Alliance, on April +18th: + + "The first business considered was the communication, from the + Canadian Pacific Railway, forwarded to the executive from the + general committee for action. This letter was in reply to the + Secretary's request to know in what manner the Company had dealt + with Mr. Brady, the Assistant Superintendent, whose action in + connection with Mr. Smith's dismissal had been so offensive to + the temperance people. The letter is addressed to Mr. Carson, the + Secretary, and is as follows: + + "'DEAR SIR,--I have to acknowledge the receipt of your letter of + the 1st inst. + + "'The Company has reproved and dealt with Mr. Brady as, under the + circumstances, was considered deserving, and in such a manner as, + it is trusted, will prevent any reasonable cause for further + complaint. + + "'Mr. Brady, while stating that he never intended the slightest + disrespect towards the Dominion Alliance or disapproval of + temperance principles, has acknowledged that he gave cause for + dissatisfaction, and expressed regret for the same, and a + determination to avoid a recurrence. Yours truly, + + "'THOS. TAIT, + "'Assistant General Manager.'" + +A few days previous to this Executive meeting the above letter was +presented at a meeting of the general committee of the Provincial +Alliance, and "was not considered at all satisfactory." + +However, the Executive Committee, without approving the letter, +decided to publish it "for the information of the temperance public," +probably accepting it as the best which could be hoped for under the +circumstances. + +But, although all was not satisfactory, there were, as we have said, +some causes for gratitude in connection with this affair. The Canadian +Pacific Railway and Canadian liquor men had a chance to learn that +among their opponents there was some zeal and spirit, and a desire to +help one another, and this knowledge may make them more careful in the +future as to how they oppose and arouse temperance sentiment. Such an +agitation and interest as resulted from this dismissal, doubtless +might decide some unsettled minds in favor of the temperance party. +Also the action of the Canadian Pacific Railway in thus reproving Mr. +Brady, and eliciting from him a promise to exercise greater caution in +the future was probably as much as could be expected from a powerful +corporation which is not willing to acknowledge itself in the wrong, +and whose "objects do not extend beyond the promotion of its +business," so long as the laws of our land permit liquor sellers to be +licensed, and Prohibition is a thing talked of, but not experienced. + +Not until national prohibition finds a place among Canadian laws, and +is upheld by the Canadian government, will such bodies allow +themselves to be dictated to by the temperance people. + +The Scott Act is very good so far as it goes, but if the County of +Brome, instead of having this Act, and standing, in this respect, +almost alone in the Province, had possessed its share in a prohibition +law which held sway from the Atlantic to the Pacific, the outlawed +liquor venders of the county would probably not have had such power +with a great corporation as they displayed in this case. If the +temperance people of Canada wish to have a powerful voice in such +matters as this, or if they would have great institutions like the +Canadian Pacific Railway conducted on principles of temperance and +true freedom, let them work for prohibition, and send representatives +to Parliament who will do the same. And just now, when they hold in +their hands a key which may be the means of unlocking to us the gate +of Prohibition for our country, let them use it to the best advantage, +by giving a powerful majority for good when the Plebiscite vote is +taken. + + + + +CHAPTER IX. + +THE MARCH COURT. + + +As was stated in Chapter III. of this book, the prisoners, Kelly and +Howarth, remained in jail, the former at Montreal, the latter at +Sweetsburg, during the winter of 1894-95, awaiting trial at the Court +of Queen's Bench. + +This court opened at Sweetsburg on Friday, March 1st, 1895, but the +Assault Case did not receive special consideration until the following +week. Monday, March 4th, the Grand Jury reported a true bill against +M. L. Jenne, Jas. Wilson and John Howarth for conspiracy, and against +Walter Kelly for attempted murder. + +On Tuesday morning the court room was crowded so that it was +impossible to obtain even standing-room for all the eager listeners, +and many were obliged to content themselves with the little that they +could hear outside the doors. Thus was shown the great interest which +the public felt in the result of this trial. + +When the names of the accused were called, Mr. Racicot, counsel for +the defence, asked in an eloquent speech that the prisoners be allowed +to sit with their counsel instead of being made to stand for hours in +the dock. Mr. Baker, Crown Prosecutor, opposed this request, and Hon. +Judge Lynch ordered that the prisoners be put into the box. + +The next thing in order was the empaneling of a petit jury. It +appeared that many of the proposed jurymen were known supporters of +the liquor party, and these were, of course, objected to by the lawyer +for the Crown. In the words of _The Templar_, "It seemed as if Mr. +Baker challenged all who were known to 'take a glass,' while Mr. +Racicot challenged all known temperance people." + +The afternoon session opened at one o'clock. The Crown Prosecutor made +an eloquent speech to the jury, reviewing the evidence given at the +preliminary trial. The following account of his address was given in +the _Witness_: + + "He said: 'It will be an evil day for Canada when men, becoming + indignant that the machinery of the law is put in force against + them, send to Marlboro or any other place for an assassin to "do + up" those against whom their indignation is aroused.' Speaking of + the combination of circumstances that led to the identification + of Kelly, he said: 'There is a Providence in these things. There + is an overruling power that is directed in the cause of right.' + He said regarding the character of Kelly: 'The learned counsel + for the defence will try to make you believe that Kelly's + evidence should not be accepted. The witness, Kelly, is not one + of my choosing; he is not chosen by any member of this court. He + is of the prisoners' own choosing. They could not have procured + the pastor of the first church of Marlboro, nor one of the + deacons, to do their work, but they were compelled to take a man + from behind the bar of a saloon, in a low street; one who would + take a shilling for his work, and do the job as directed by + them." + +The first witness examined was Mr. W. W. Smith, whose evidence was +similar to that previously given by him. He identified Kelly as the +man who had committed the assault on July 8th. The following is a part +of the cross-examination as reported in the _Witness_: + + "'Do you know Peter McGettrick, of Richford?' + + "'I do.' + + "'Do you know Frank Brady?' + + "I do.' + + "'Did you tell them on the Sunday that they came to see you that + you would take your oath that the man who assaulted you was Orin + Wilson, a brother of Jas. Wilson?' + + "'I did not.' + + "'Did you tell Jane Fay, at church, that you did not know who + assaulted you?' + + "I did not.'" + +From some of the above questions it would seem that Mr. Brady, not +content with having dismissed Mr. Smith from the service of the +Canadian Pacific Railway, was trying to aid his assailants to escape +justice. + +The next evidence given was that of Dr. McDonald, of Sutton, the +physician who attended Mr. Smith after the assault. His testimony was +given in the _Witness_, as follows: + + "I know Mr. W. W. Smith. I was called to him professionally on + July 8th. I found him in a dazed condition, with a bruise on the + top of his head, four or five inches in length, swollen and + contused. There was also evidence of another blow, not so long, + more in the centre of the top of his head, and another blow still + shorter and more to the right of the head, another on the side of + the neck and shoulders, and one on the hip. All these bruises I + considered serious. The appearance later was that of the + discoloration consequent upon such bruises. The bruises were such + as might have been inflicted by the weapon now in court. They + could not have been inflicted by the fist. I saw Mr. Smith that + morning, and on the night of the same day, on the following + Monday morning, and again on Tuesday night. I then considered him + sufficiently recovered to not require medical assistance further. + I saw him afterward, but not professionally. Death has often + resulted from less blows than these." + +Daniel Smith, of Sutton, then gave evidence that he had seen Kelly at +Sutton on various occasions, the last time being on the evening +previous to the assault. + +Charles C. Dyer, of the same place, also testified as to Kelly's +identity. He said that he had seen him on the race track, at Sutton, +in July, had heard him called a horse-buyer from Boston, and had +received the impression that he had come there to look at a trotting +horse which belonged to Mr. Lebeau, the owner of the track. He had not +considered it anything strange that Howarth should be carrying him +around the country to look at horses. + +The next witness was Silas H. Carpenter, of Montreal, chief of the +Canadian Secret Service. He said that he had been employed to +investigate the assault case. He had been informed of a stranger who, +after staying in the vicinity of Sutton for some time, had disappeared +immediately after the assault, and decided that he was probably the +guilty party. Had learned that a man answering to the description of +this stranger was in Marlboro, Mass., and to this place was sent a +neighbor of Mr. Smith's, who identified Kelly as a man whom he had +seen in the neighborhood of Sutton Junction previous to the assault. +The witness and Mr. Smith, after going before a justice of the peace, +and obtaining papers for the arrest of their man, proceeded to +Marlboro. At Fitchburg, Mass., a warrant was made out from the papers +which they carried, and Kelly was arrested. He consented to go to +Montreal without extradition, and there, in Mr. Carpenter's office, +related voluntarily the story which he told at the preliminary +investigation, and on this evidence the other prisoners were arrested. + +Mr. Carpenter's testimony was the last on Tuesday. + +Court opened again at ten o'clock on Wednesday morning. This was +expected to be the last day of the trial, and a large crowd was +present. Mr. J. F. Leonard, clerk of the court, was first sworn, and +testified to the bad character of M. L. Jenne, who had been indicted +on Sept. 11th, 1879, for assaulting an officer in the discharge of his +duty. The jury had found him guilty of common assault. Mr. Leonard +identified the prisoner Jenne as being the same man. + +George N. Galer, a constable, confirmed this testimony, and said that +he remembered having arrested Mr. Jenne at the time referred to. + +The next witness was Walter Kelly. He described how the liquor men had +obtained his services, and told the story of his arrival and stay in +Canada, and the assault at Sutton Junction much the same as in his +previous testimony. + +He stated that once while he was stopping at Sutton it had been feared +that his presence was exciting suspicion, and he had been sent to +Cowansville for a day. + +He also said that after the assault he had seen Howarth at Marlboro, +and told him that he had done his work, but only received a part of +the pay, and Howarth had promised to see that the remainder was sent +him. A while after this Kelly had heard that detectives were in +Marlboro looking for him, and Flynn, the barkeeper to whom Howarth had +written at first, had advised him to go away for a few days while he +(Flynn) should write to Howarth, and learn the facts of the case. He +went away, and on his return saw a letter from Howarth which stated +that Kelly had not hurt Smith at all, and they had been obliged to pay +$30 for the use of the team which he had while in Sutton, and now the +others were "kicking" and unwilling to pay any more. Kelly said he +supposed from this letter that he had done nothing for which he could +be arrested, and, therefore, after reading it, did not try to hide +again. + +After being arrested he was taken to Fitchburg, where, instead of +wasting a month in jail while waiting for extradition, he waived his +claim, and went with Mr. Carpenter, and had since remained in his +office in the care of a constable. He had told his whole story +voluntarily; Mr. Carpenter had offered him no inducements whatever. +Kelly also stated that he had not been instructed to kill Mr. Smith, +only to scare him, and give him a good "licking." + +Wallace B. Locklin was next sworn. He said his residence was at +Richford, Vt., where he was a notary public and attorney. He had been +appointed to take evidence in Richford on this assault case. He knew +Ford, who kept the livery stable at Richford, and had asked him to +come to his office and give his evidence. Ford refused to come, and +said, if subpoenaed, he would pay his fine. + +The next witness was J. P. Willey, of Abercorn, formerly of St. +Lawrence Co., N. Y. He was exceedingly unwilling to tell what he knew +of the case, and it was only by dint of very close questioning that +his evidence was obtained. He knew Jenne, the hotel keeper at +Abercorn. Had held a conversation with him in the barroom of his +hotel, when he asked Jenne how much he had been fined for selling +liquor without a license. He replied that he had had to pay over $90, +and witness remarked that it was no outsider's business if he sold +liquor. Jenne said they could not do much with that man Smith; they +could not carry their goods over the road. The remark had been made +that Smith ought to be whipped or killed, or sent out of the country. +Witness believed that he had first suggested this, and then Jenne had +agreed with him, and asked him if he knew any one in his part of the +country who could do such a job. He would not say that Jenne had asked +for a man who would "kill" Mr. Smith. Witness remembered having +mentioned this conversation to three men, and might have spoken of it +to others. + +Arthur Holmes, of Abercorn, sworn, said that he had heard of the +assault on Mr. Smith. Had understood that Jenne was away when these +prosecutions began. Said they had all supposed that Smith was the +prosecutor in the liquor cases. + +Albert E. Kimball, a hotel keeper of Knowlton, said he knew there were +prosecutions for liquor selling. He was fined, so was Jenne, also +Wilson of Sutton. + +He was asked: "Do you know of any scheme to get even with Mr. Smith?" +Mr. Racicot objected to this question. Mr. Kimball said it had been +remarked in the barroom that Smith was a "mean cuss," and should be +whipped. It was barroom talk. + +This is a strong testimony, coming from a hotel keeper, as to the +nature of barroom adjectives and compliments, especially when applied +to temperance people. + +Edward Martin, of Sutton, was the next witness. He was occasionally +employed by Wilson, and looked after his business in his absence. Was +sent for one day in August, and asked to look after the house, as +Wilson was going away for a few days. He could not say how long he was +gone. + +Next Mrs. James Wilson, of Sutton, testified for the defence. Her +maiden name was Etta Miltemore, and she had been married to James +Wilson eight years previous to the trial. She said she had heard of +the affair at Sutton Junction through Mr. Smith's brother, who drove +up about six or seven o'clock on Sunday morning, and told that his +brother had been assaulted the night before. On the Saturday previous +she had been with her husband at Glen Sutton, and about noon he had +complained of feeling bad. They drove to Sutton in the afternoon, and +he was sick when they reached home. Her aunt, Mrs. Vance, was there, +and also Henry Wilson and wife. They put Jim to bed, and doctored him, +and he did not leave his room during the evening or night. As he +seemed worse about half-past one, she called Henry Wilson and wife, +who got up and remained up the rest of the night, but they did not +call a doctor. + +Mrs. Vance was the next witness. She said her maiden name was Annie +Fay, and she was the wife of Beeman Vance. She was acquainted with +James Wilson, and was aunt to his wife. She had gone on July 7th to +call on Mrs. Wilson, and found that she and her husband were away, and +Henry Wilson and wife were there. + +James Wilson came home sick. Witness remained at his house until +nearly nine o'clock, and when she left he was a little better, but +still very sick. + +She had known Mr. Smith for years. After the assault, she had one day +met him at church, and congratulated him on his recovery, when he told +her that he had no idea who committed the act. She said she had +frequently seen James Wilson ill, and had practised as nurse. + +Henry Wilson, following, said that he lived at Glen Sutton, and was +brother to James Wilson. He remembered the day of the assault, and +knew it was in the summer, but could not tell the month. He had gone +to his father's on Saturday morning, and remained there until the +afternoon of the next day. James and his wife were away when he +reached their home, but returned Saturday afternoon. James was very +sick. About eleven o'clock witness helped undress him and put him to +bed, and about half-past one he was called up by Mrs. James Wilson. +Next morning the news came that Smith had got a licking. + +Mrs. Henry Wilson's testimony was a confirmation of her husband's, and +was the last given on Wednesday. + +More evidence was promised for the next day, and the court adjourned +till the following morning at ten o'clock. + +The first witness on Thursday was Peter McGettrick, Canadian Pacific +Railway agent at Richford, Vt. He said he had been the Richford agent +in July, when Mr. Smith, also, was agent at Sutton Junction. Witness +knew Frank Brady and W. W. Smith. When he heard of the assault he +informed Mr. Brady, and they went together to visit Mr. Smith, whom +they found in bed suffering from the effects of his injuries. In +conversation with them Mr. Smith told them that he did not know who +had committed the deed, but from the appearance of the man thought it +might have been James Wilson, one of the prisoners. + +William Sears, of Sutton, a brother-in-law of Mr. Smith, testified +that he had been sent for by the latter on Sunday morning after the +assault, and went to him at once. Mr. Smith told him that he did not +know who was his assailant, but it was a heavy man who walked with a +peculiar gait. Witness was with Mr. Smith while Mr. Brady and Mr. +McGettrick were there, but heard no conversation such as was related +by the previous witness. + +James E. Ireland, telegraph operator at Sutton, who was the next +witness, said that he had been night operator on July 8th, and had +received a telegram for Dr. McDonald, asking him to come to Sutton +Junction immediately, as Mr. Smith had been assaulted. Another message +had been sent to James H. Smith, telling of the affair, and requesting +him to be on the watch. He could not produce the record of the +dispatches, but told them as he remembered them. + +James H. Smith, also of Sutton, a brother of W. W. Smith, was then +sworn. He said he had been notified of the assault by telegram about +two o'clock on the morning of July 8th. The message which he had +received was as follows: + + "W. W. Smith is badly hurt. Get Homer and others to watch the + roads." + +He went for the man mentioned, and then learned that Mr. Ireland had +received a message asking that Wilson's hotel be watched. No light was +seen in the house there, but L. L. Jenne was appointed to watch the +place. Witness had seen Kelly four or five days before the assault +driving a team which he supposed to be Wilson's. He had thought it +strange, but could not say that he had felt any suspicion. He had +supposed the team to be Wilson's because he had noticed the latter +driving it at different times during the summer. He had seen James +Wilson the night before the assault, walking on the street towards the +post office, and Wilson had spoken to him. He had also seen Kelly at +that time with a team. + +Lewis L. Jenne, a clerk for the Canadian Pacific Railway at Sutton, +testified that he knew the prisoners, and was distantly connected with +one of them, M. L. Jenne, of Abercorn. He had been in the employ of +the Canadian Pacific Railway for seven years. On the morning of July +8th, at about two o'clock, he was awakened by James H. Smith and +another man, who told him what had happened. Witness had taken it as +his work to watch Wilson's hotel, but saw no light or stir about the +house. If any light had been there he must have seen it, as he had on +many nights before and since. + +During cross-examination he said that he had watched the hotel on the +night in question, from a little after two o'clock until morning. A +swift horse could go from Sutton Junction to Sutton in ten or fifteen +minutes. Witness had not tried to enter Wilson's house, but had +watched outside. He had heard that the Wilsons threatened Smith, and +was quite sure he had heard it said that they were mixed up with this +affair. + +Walter Kelly, being then recalled, said that he had seen Wilson on +Saturday night, July 7th, between seven and eight o'clock, near +Curley's hotel, going towards the post office. He also stated that +once he had driven Wilson's team on the road where James Smith claimed +to have met him with it. + +This completed the evidence in the case. + +Mr. Racicot, counsel for defence, then addressed the jury, quoting all +the points of law which might seem to have a bearing in favor of the +prisoners, and making an eloquent plea which lasted one hour and +twenty minutes. + +Hon. G. B. Baker, Q. C, quoted the law on the other side, proving +quite clearly that the prisoners were deserving of punishment. He laid +great importance on the facts that Kelly's evidence had not been +contradicted, and that, while Henry Wilson had told of getting up at +half-past one, and lighting a lamp which he said had been left burning +in the kitchen until morning, the witness Jenne had stated that he +watched the house without seeing any light, as he must surely have +done had there been one to see. + +Judge Lynch followed with a very earnest address which lasted about +forty-five minutes. He summed up the evidence in the case, and quoted +the laws bearing on it, reminding the jurors of their great +responsibility, and endeavoring to impress upon their minds the +importance of a righteous judgment. His speech was not at all in favor +of the accused. + +The jury then retired, and forty-five minutes later, when the judge +demanded their verdict, the sheriff reported that they did not agree, +and there was no possibility of their doing so that night. This was +announced to the waiting crowd, who had thronged the court room to +hear the decision. Court then adjourned, and the jury were locked up +for another night. + +On Friday morning, March 8th, the jury were again summoned, and stated +that they were still unable to agree upon a verdict. The judge +appeared both surprised and disgusted. In dismissing them he said: +"Gentlemen of the jury, while you have exercised the discretion which +the law allows you, I must pronounce your decision most +extraordinary. The public are indignant that in a case where evidence +is so clear, there should be doubt or hesitation in the mind of any +intelligent man who should be summoned on a jury." + +Mr. Baker, Q. C., moved that a new jury be empanelled at once to +proceed with another trial. Mr. Racicot seemed willing, but Justice +Lynch postponed such proceedings until Monday, March 11th. + +In the meantime, on Sunday, friends of the accused and of the liquor +party in general were seen driving in the direction of Sweetsburg, and +it was thought by some that a plan might be forming to secure easy +terms for the prisoners. + +On Monday morning many anxious people were awaiting the issue, and +previous to the opening of court it was noticed that the crown +prosecutor was absent, and soon the counsel for defence also +disappeared. On their return, it is said, the latter wore a look of +satisfaction, while the former's courage of last week seemed to have +in some degree deserted him. + +When the judge had taken his seat, Mr. Racicot stated that his clients +were now willing to withdraw their former pleas of "not guilty," and +acknowledge themselves "guilty of common assault." + +Then the lawyer for the Crown, who had on Friday been so eager to +proceed with a new trial at once, but who now seemed to fear that +another jury would mean only a second disagreement, assented to this +proposal; while the judge, who had given such a strong charge to the +jury and appeared so much surprised at their failure to declare the +prisoners guilty, now agreed, on behalf of the court, to withdraw the +indictments for "attempt to murder," and accept the pleas, "guilty of +common assault." + +John Howarth, Marcus L. Jenne and James Wilson then pleaded "guilty of +common assault," while Walter Kelly was indicted on a charge of +"committing assault with intent to murder." However, he also pleaded +"guilty of common assault," and the plea was accepted. + +Then Mr. Racicot, not content with what had already been gained, asked +for the leniency of the court towards the prisoners in giving sentence +for the charges to which they had pleaded guilty, and the judge +appointed to each of the four prisoners the light sentence of one +month's imprisonment in common jail with hard labor, accompanying this +sentence, however, by some very severe remarks as to the seriousness +of their crime, and the disgrace it had brought upon themselves. + +Thus ended this assault case, so far as its hearing at Sweetsburg was +concerned, and the prisoners and their friends departed from the court +room well pleased with its termination. + + + + +CHAPTER X. + +THE DECISIONS OF ANOTHER TRIBUNAL. + + +The Court of Public Opinion is an important tribunal before which all +such affairs as this we have been considering must come for decision, +and its judgments are not always identical with those of the judges +and juries in the courts of law. Therefore, it must not be supposed +that the temperance public were at all satisfied with the termination +of the assault case related in our last chapter. On the contrary, they +were quite disappointed and indignant, although their opponents seemed +very well pleased with the turn affairs had taken. + +Some of the criticisms from temperance papers and people are here +given. The following comment by the Montreal _Witness_ was quoted in +_The Templar_ of March 22d: + + "The sentence of one month in jail for each of the tavern + keepers, who pleaded guilty to having procured an American idler + to commit an atrocious assault upon Mr. Smith, the President of + the Brome County Alliance, is probably as severe as can be looked + for in a county where a jury dare not find men guilty. That the + purpose was to commit murder, the fatal weapon provided proves. + The plea of guilty on the part of the prisoners is a plain + condemnation of the jury in failing to bring in a verdict. + + "The liquor men, for the sake of whose illicit trade the Canadian + Pacific Railway Company dismissed Mr. Smith from its services, + are self-convicted at least of the most dangerous and brutal + ruffianism. Mr. Brady, who took the part of those customers of + the Company against his own subordinate, Mr. Smith, remains the + accredited authority of the Company in that section of the + country. This is a fact which should be generally known." + +Below is the view expressed by _The Templar_, itself, and also +repeated by the _Witness_. + + "The result of the trial of the conspirators to 'do up' W. W. + Smith, President of the Brome County Branch of the Dominion + Alliance, for his zeal in bringing to justice the men who would + persist in maintaining an illicit liquor traffic contrary to the + fully expressed judgment of the people, has been a confession of + 'guilty' by the accused, and the imposition a sentence of one + month in jail at hard labor. + + "The confession and the facts brought out in evidence reveal the + liquor traffic in a most unenviable light. + + "The plot was hatched in a barroom, a liquor seller hired a + Marlboro, Mass., bartender to do the 'job,' and he was the guest + of hotel keepers while he was spying out the land preparatory to + his murderous assault. Never was a more cool, calculating and + infamous deed wrought in this country. The wretch, Chatelle, + acted under a sudden impulse to gratify an abnormal passion, but + these wretches planned weeks ahead to 'do up' Smith, yet such + cowards were they, they dared not strike the blow, but hired the + Marlboro tool to do it for them. Jenne, Howarth and Wilson, you + are arrant cowards, and your weakness is only exceeded by the + devilishness of your malice! + + "These are the men who say we cannot enforce prohibition, and + undertake to make the law a dead letter. Men who will murder--no, + they lack that courage, but will hire the slugger--if they are + not permitted to carry out their work of death. Shall we make our + laws to please, or to restrain and punish such men? + + "Not the least ignominious feature of the trial was the failure + of the jury to convict upon the clearest evidence. Their + disagreement was rebuked by Judge Lynch, and later by the + prisoners themselves pleading guilty. The murderous assault and + the terrorizing of the jury furnish all the evidence that is + requisite to justify the demand for prohibition." + +The _Witness_ of March 16th contained the following, giving the +opinions of certain local papers respecting the decisions of the court +in this trial: + + "The Huntingdon _Gleaner_, referring to the sentence of a month's + imprisonment passed on the defendants in the Smith assault case, + says: 'This is a most inadequate punishment. Had Kelly put more + force into the first blow he struck with his piece of lead pipe, + Smith would assuredly have been killed. The liquor men, who were + the authors of the foul deed, should have been sent to the + penitentiary.' + + "Referring to the disgraceful conduct of the jurors in + disagreeing, despite Kelly's confession, the Waterloo + _Advertiser_ says: 'The jury might, at least, have brought in the + verdict of a Western jury that tried a man for assault with + intent to kill. After being out two minutes the jury filed into + court, and the foreman said: "May it please the court, we, the + jury, find that the prisoner is not guilty of hitting with intent + to kill, but simply to paralyze, and he done it." The trial has + been an expensive one to the Crown, and its inglorious ending + will hardly satisfy the public that the ends of justice have been + served and the law vindicated.'" + +The following appeared as an editorial in the _Witness_ of March 27th: + + "We have received many very strong expressions with regard to the + failure of justice in the matter of the cold-blooded and cowardly + attempt on the life of Mr. W. W. Smith, the President of the + Brome County Alliance. A leading citizen of the district proposes + a public demonstration to denounce the jury and judge for this + failure. As for the judge, as we said at the time, we cannot see + that he can be blamed much for the lightness of the sentence upon + a verdict for only common assault. So far as can be gathered from + the conduct of their representatives on the jury the people of + the district have concluded to live in a condition of timid + subjection to a band of assassins settled among them. And not + only they, but the great national railway, which passes through + their district, felt called upon, on behalf of the same lawless + crew, to heap abuse and obloquy upon, and finally to dismiss one + of its own officers for busying himself with the enforcement of + law against them. We should be greatly cheered to think that this + jury which betrayed the public safety committed to it by law, was + exceptional, and that the district could yet be roused to + vindicate law and order." + +In all these articles it is assumed that the reason of the jurymen not +agreeing on a verdict of guilty was their personal fear of the liquor +men. There is another possible aspect of the case which is not touched +upon by these papers, viz., that the jurors may have been friends of +the liquor party, and their disagreement may have been intended not to +secure their own safety, but to shield the hotel keepers from such +punishment as must follow a decision of guilty on the part of the +jury. + +We quote here some of the communications mentioned above, which were +sent to the editor of the _Witness_ regarding the settlement of the +assault case. The letter given below, signed "Justice," was written +from Sweetsburg under date of March 12th, 1895: + + "SIR,--The Smith assault case is concluded, but the people are + not done talking about it, by any means; and for some time to + come the privilege of free speech will be exercised on that case. + The judge in his charge to the jury on Thursday said: 'No + intelligent and right-minded jury can fail to bring in a verdict + in accordance with the testimony.' The evidence for the + prosecution proved unmistakably the guilt of the prisoners, while + the testimony for the defence was evidently manufactured for the + occasion. + + "The prisoners on Monday pleaded guilty to common assault. If + Howarth, Jenne, Wilson and Kelly were guilty of anything, they + were guilty of more than common assault, if ever there was a + deliberate and well-planned scheme for 'doing up' any person, + that plan was made in this instance, and the nail was clinched + when Howarth, at Richford, paid to Kelly the fifteen dollars + earnest money, which was to be followed later by the hundred and + fifty when the 'job' was done. That 'job!' Such a 'job' as that! + An assassin hired for the purpose, by villains blacker-hearted + than himself, to go in the middle of the night, armed with a + murderous weapon, to attack a defenceless and sleeping man, to + 'do him up.' What does that mean? Who is initiated into the + mysteries of the language? Does it mean to disable him? or does + it mean to kill him? Who is safe in the discharge of his duty and + in the performance of the God-given work to which every Christian + man is called? + + "If the law protects a rumseller who has a license in his + business of selling the liquid poison, should not that same law + protect a man who, residing in a town where the Scott Act is in + force, prosecutes liquor sellers who are dealing contrary to the + laws? Let us have fair play! If the law is like a game of + checkers, in which, not the best man, not the righteous cause + wins, but the party wins who makes the most dexterous move, then + the least we can ask is fair play. + + "What have we seen in the courts during the past week? One man + arrested for stealing a dollar's worth of goods or so, and that + man jailed for fifteen months. In contrast to this case, we see + these men with their murderous schemes, deliberately planned, + attempted and partially executed, we see these men condemned to + one month's imprisonment with hard labor! What a farce is the + law! Is it any wonder that indignation is aroused in the hearts + of the conscientious and God-fearing members of the community, + and that men as they meet ask each other the question, 'Why is + this? Did the jury fear that they, too, might be exposed to a + sudden attack of lead pipe?' + + "If it is cowardly to shirk an issue on a point between right and + wrong, then we certainly have moral cowards here, in the district + of Bedford. However, there is this to comfort the heart of the + right-minded citizen; punishment does not altogether consist in + the number of days spent in jail, but the disgrace to which these + men have been subjected can never be wiped out nor removed. + + "The investigation of the case was thorough, and the crime proven + unmistakably against those four men. It will undoubtedly prove a + warning to others, and, we may say, to themselves also, in the + future." + +Another letter, written by a "Law-Abiding Canadian," and published in +the _Witness_ of March 25th, is as follows: + + "SIR,--Many have been surprised and disappointed at the silence + that has prevailed in our newspapers since the verdict of the + jury in the W. W. Smith attempt to murder or 'do up' case. + Instead of a resolute onslaught of protests from the people + through the press and by public bodies, all is comparatively + quiet. + + "What is the reason of this? Is it that they are paralyzed with + surprise and horror for the time being? It surely must be so. If + not, it is time we were asking where we are and what we are + coming to. Sir, our ears are made to tingle, and our hearts are + thrilled with horror, when we read of the wild lynchings by + shooting, rope or burning, that have taken place in the United + States. These dreadful things are reported from new States or in + old ones, where race feeling runs high, and where justice, often + handicapped by all the lawlessness and savage cruelty and + ignorance of both a home and foreign element, fails for the time + being, and we complacently say: 'It is just like the United + States. What an awful country it must be to live in!' Are we + going back to such a state of things? Has it come to such a pass + that law and justice are becoming a mockery? God forbid that it + should ever come to this, but something must be done that not + only our persons and property may be protected, but that our + belief that we have and hold in this Canada of ours that British + justice and fair play that is world-wide in its administration, + and ever the same. + + "There is no doubt that the brand of public opinion on these + individuals for their self-confessed and clearly proven guilt, if + they have any conscience left, will be terrible, and make them + bury themselves away forever from the community and public that + their acts have horrified. But the matter must not end here. A + great wrong to an individual and society has been done, and the + public may well ask who will it be next; and whose person or + property is safe if such lawlessness is allowed to go unpunished. + Let the lawkeepers be heard from in a way that will make our + lawmakers enquire into our jury system, and devise some way to + prevent the miscarriage of justice and consequent grievous wrong + done to individuals and the people." + +The following from "One of the W. C. T. U.," appeared in the Home +Department of the _Witness_ of March 23d: + + "DEAR EDITOR HOME DEPARTMENT,--Though I enjoy reading the Home + Department, I have never before written anything for it, as + writing is not my forte, but I feel almost compelled to send this + to express my indignation at the light sentence passed on those + three men in the Smith assault case. I think it perfectly + outrageous that they should get off so easily. Such a crime, + perpetrated in cold blood; even a man hired and brought from a + distance to do the diabolical work! Ten years in the penitentiary + for each of them would have been quite light enough. But to give + them one month at hard labor, they might about as well have let + them go free. If Mr. Smith had been killed I wonder if they would + have got two months? It seems to me this is the way to encourage + crime. How is it that for so much lighter crimes, so much heavier + sentence is often pronounced? Is it because the people are afraid + of the liquor men? It seems like it. + + "I am heartily thankful that the _Witness_ stands up so nobly for + truth and right. I know I will see a scathing article from the + editor on this very subject. I hope it will do all the good he + intends it to do. + + "We may be sure of one thing, and that is the liquor men never + did the cause of prohibition so much good before. Their brutality + in this case will likely win many to our cause who would + otherwise not have joined us." + +The following protest, signed "A Lover of Right," was published in the +_Witness_ of April 5th: + + "SIR,--Would it not be feasible to have a public meeting in the + matter of the gross miscarriage of justice in the case of the + would-be murderer of Mr. W. W. Smith, of Sutton. + + "Shameful as of late years the decisions of some juries and + judges have been, never has a more shameful acquittal been known + in this Canada of ours. One man gets six months for stealing an + ash barrel, probably really ignorant that it was not anybody's + who chose to take it; another man 'one month with hard labor,' + that man by his own confession a would-be murderer. But that such + sentence should be allowed without public protest! Surely the + soul of righteousness is dead in a people if it be so." + +Now that the assault case was settled, in spite of its unsatisfactory +termination, the temperance people found the expenses connected with +it, which amounted altogether to more than $1,200, remaining for them +to settle. + +It was decided to ask the government at Quebec to assume these costs, +or a share of them, and accordingly Mr. Carson, Secretary of the +Provincial Alliance, wrote to the government requesting its help; +but, no reply being received, arrangements were made for a delegation +to wait upon the premier. This was done on April 24th, the Alliance +representatives being Mr. R. C. Smith, Mr. S. J. Carter, Rev. J. +McKillican and Mr. J. H. Carson. The case was clearly stated, and the +provincial government, of which all the members were present, was +asked to bear a portion of the expenses. The delegation acknowledged +that the proper course would have been to leave the matter in the +hands of the attorney-general at first, yet, although this had not +been done, as the temperance people, considering this affair of much +more than individual interest, felt themselves morally bound to see +that these expenses were paid, and not to leave all the burden upon +the shoulders of Mr. Smith; and as, at a recent Provincial Alliance +Convention, it had been decided that this was a matter which concerned +the temperance people of the whole Province, the delegation asked in +the name of the temperance people of Quebec that the government assume +the expenses connected with the vindication of justice in this case. +Mr. Carter stated that, although he had no authority to say so, he +thought if the government paid Mr. Carpenter's bill, which amounted to +about $800, the temperance people would consent to raise the +remainder. + +The attorney-general, Hon. Mr. Casgrain, said he thought this might be +done, and without any further assurances the Alliance representatives +withdrew. + +Later the government consented to pay $500 of the costs only, and the +balance remained to be cancelled by the temperance public. + +The assault case is now ended, and lies some time in the past, and in +these hurrying times an event of a few seasons ago is usually soon +gone out of thought and interest. Probably no such affair has ever +happened in the Dominion, or at least in the Eastern townships, which +has stirred the depths of so many hearts, and continued in interest +for so long a time as this assault and the circumstances connected +with it. And now shall we relegate these matters to a position among +the dim memories of the almost forgotten past, and let them gradually +slip away from our thoughts? Even in these times of changing and +forgetting, there are events which, by a few, are not soon forgotten, +and which leave a lasting influence for good or evil upon some hearts +and lives. Shall it not be so in this case? Will not we long remember +the dark plotting of Brome County's lawless liquor sellers, the +desperate attempts to carry out their evil plans and the partial +success which attended their efforts, and shall not the memory bring +fresh zeal and energy to every son and daughter of temperance in the +land? + +We find in this assault case a very marked example of some of the +fruits of intemperance. We see here the evil thoughts, the loss of +conscience, and the desperation that makes men shrink not from the +darkest deed within their reach if by this they may further their own +interests or gain revenge upon one who has opposed them. All these are +the attendants and followers of strong drink in every clime. + +From the history of these deeds of darkness in Brome County we may +learn, also, the power possessed by the liquor party,--the dread +influence that can prevail upon a great corporation to dismiss an +employee who has previously been satisfactory, and that can frustrate +the ends of justice, and obtain its will in a court of law. + +From these facts let us take warning, and, with an increased knowledge +of the terrible work of strong drink and the powerful influence of the +party that supports it, a stronger sense of the great need of willing, +earnest workers who will "battle for the right in the strength of the +Lord," and a new realization of our own personal responsibility, let +us work so faithfully for God and humanity against the powers of +evil, that the grand result of these dark plots that were formed by +outlawed liquor sellers in an illegal barroom shall be the adding of +many fresh recruits to the ranks of those whom they wished to destroy. +And whenever we have an opportunity of defeating these enemies of good +and taking from them some of their ill-used power, let us strive, lest +the victory be theirs, to give a strong majority on the side of right. + +In this way may the plans of Satan prove instruments in the hands of +the Lord that shall work for his glory and the good of his creatures. + + * * * * * + +It may be well to add here a few words by way of explanation, as +mention is several times made in this book of the future taking of a +Dominion Plebiscite. At time of writing it was supposed that this book +would be in print long before the vote was taken, but for various +reasons its publication has been delayed. On September 29th, 1898, the +question of the liquor traffic was submitted to the people of Canada, +and a considerable majority was given for Prohibition. Quebec, alone, +of all the Provinces, failed to declare against the traffic, but even +here there are some bright spots, prominent among which is the county +where this Dark Plot was enacted, which gave a majority for +Prohibition of 529. As this is considerably more than that formerly +given for the Scott Act, it is evident that the liquor men of Brome +are not gaining ground by dark plots or any other means. + +By this Plebiscite, the prohibitionists of Canada have been given a +privilege never enjoyed by any other nation, and they have used it +well, but now the work is just begun. Let them not rest content until +the end for which they have voted is realized, and then the +cooeperation of temperance people will be needed if the law is to be +well enforced. + +There is still much we all must do if we would see our country freed +from the curse of strong drink, and let prohibitionists take courage +from the victory already achieved, and with renewed zeal press the +battle to the gates. + + + + + +End of the Project Gutenberg EBook of The Story of a Dark Plot, by +A.L.O. C. and W.W. Smith + +*** END OF THIS PROJECT GUTENBERG EBOOK THE STORY OF A DARK PLOT *** + +***** This file should be named 21285.txt or 21285.zip ***** +This and all associated files of various formats will be found in: + http://www.gutenberg.org/2/1/2/8/21285/ + +Produced by Fox in the Stars, Christine P. 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