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+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
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+<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.&mdash;(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,&mdash;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&mdash;and perhaps it was well they did so&mdash;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'&mdash;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&mdash;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&mdash;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&mdash;about two hundred dollars&mdash;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&mdash;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>,&mdash;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,&mdash;and by whom?&mdash;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?&mdash;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&mdash;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&mdash;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>,&mdash;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>,&mdash;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>,&mdash;I enclose you herewith two letters, one from B. L.
+ Wilson, of Glen Sutton, and one from Nutter &amp; 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>,&mdash;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 &amp; French</span>.<br>
+"<i>Sherbrooke, June 6th, 1894.</i>"</p>
+</div>
+
+<hr class="small">
+
+<div class="quote">
+<p>"Nutter &amp; French.</p>
+
+<p>"<span class="smcap">Dear Gentlemen</span>,&mdash;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>,&mdash;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>,&mdash;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>,&mdash;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>,&mdash;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>,&mdash;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>,&mdash;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>,&mdash;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>,&mdash;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>,&mdash;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,&mdash;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&mdash;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&mdash;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&mdash;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.&mdash;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>,&mdash;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>,&mdash;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>,&mdash;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 &mdash;&mdash; 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>,&mdash;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>,&mdash;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>&mdash;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>,&mdash;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>,&mdash;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&mdash;&mdash;l,' and he 'does not care a G&mdash;&mdash; d&mdash;&mdash;' 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&mdash;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>,&mdash;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>,&mdash;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">&nbsp; }</span><br>
+<span class="left20 smcap">"A. M. Featherston</span>,&nbsp; } <i>Committee</i>."<br>
+<span class="left20 smcap">"A. M. Phillips</span>, <span class="add2em">&nbsp; }</span><br>
+<span class="left20 smcap">"J. H. Carson</span>,<span class="add3em">&nbsp; }</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&mdash;<i>as they
+have done from the commencement of the discussion</i>&mdash;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>,&mdash;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>,&mdash;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 subp&oelig;naed, 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&mdash;no,
+ they lack that courage, but will hire the slugger&mdash;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>,&mdash;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>,&mdash;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>,&mdash;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>,&mdash;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,&mdash;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
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+</body>
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+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: 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
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