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THE AUTUMN COURT.

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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 Story of a Dark Plot; Or, Tyranny on the Frontier

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