Читать книгу Crime and Punishment in Upper Canada - Janice Nickerson - Страница 9

Оглавление

CHAPTER TWO Law Enforcement and Investigation

Law Enforcement

For most of the Upper Canada period, law enforcement was primitive.The population was sparse and there was neither a need, nor sufficient funds for a professional police force.As was the case in eighteenth-century England, the role of keeping the peace and enforcing the law fell upon local magistrates. See Chapter Six for a full discussion of the role of magistrates.¹

From its founding, Upper Canada was divided into admin–istrative districts, and each district operated with a great deal of autonomy. In 1788 there were four districts. As the population grew new districts were created. By 1841, there were twenty.² Each district had a Clerk of the Peace, a sheriff, and several magistrates.

Magistrates (formally known as Justices of the Peace) had both administrative and judicial functions. They were, in effect, the local (district or county) government. They set tax rates, appointed local officials, paid salaries, enforced local regulations, held court, and generally maintained public order.³

The magistrates were assisted in these duties by the sher–iff⁴and civilian part-time constables⁵ appointed for duty on an annual basis see( Chapter Six for a full discussion of the roles of the magistrate, sheriff, and constable). Other than inspecting roads, bridges, and chimneys for safety purposes, the sheriff and his constables did not actively go looking for criminal activity, as we expect our police to do now. The sheriff’s job was to enforce the will of the court by summoning jurors for jury duty, mak–ing arrests, looking after the gaol, and maintaining order in the courthouse.⁶ Constables followed orders received from mag–istrates, generally including executing search warrants, making arrests, delivering prisoners to gaol or court, and serving subpoe–nas on witnesses.⁷

Expenses for the administration of justice were covered by taxes and fines. For example, the inhabitants of the Town of York were divided into income classes for taxes. In 1798 there were 112 taxpayers in ten classes. The lowest class paid 1s. 3d. per year (twenty-six people), the highest class paid 18s. 6d. (three people).⁸

Investigation

Most minor crimes were probably never reported due to the inconvenience involved and the fact that many Christian com–munities, especially evangelical denominations, forbade their members from using secular courts to settle conflicts between members. They were supposed to try to work it out between themselves, and if that failed get help from the church. In the case of Presbyterians, the minister and church elders were in charge of disciplining members. In Baptist churches all church members shared the responsibility to oversee each others’ behaviour and to help settle disputes. We do not know as much about Methodist disciplinary procedures, as they didn’t keep records of their disci–plinary proceedings.⁹

Lynn Marks’ study of church disciplinary records provides the following example:

The records of Norwich Baptist church include a lengthy discussion of the case of William G., who was accused of treating his wife very badly. Both his wife and two witnesses testified that he had spoken very abusively to her. Mrs H., who lived in the same house as the Gs, stated that “when she went into their room Mr G. would appear to be very pleasant to his wife, but witness saith that Mr G. did nights after he had got to bed scold his wife and threaten her, saying he could break her bones and he should be justified in so doing.” As a result of G’s “hard threats and tyran–nical behaviour to [his] wife,” as well as his refusal to support her any longer, and his further refusal to come before the church to answer charges on these matters, the Norwich church “withdrew [their] Christian hand of fellowship” from him.¹⁰

The criminal justice process generally began with the vic–tim bringing attention to the crime by making a report.¹¹ This involved travelling to the nearest magistrate to file an “informa–tion”: a signed statement containing all of the information the person could provide concerning the offence. In the very early days, this might mean travelling one hundred miles or more [160 km]. As time progressed, magistrates were appointed throughout the districts, so that in theory, everyone had easy access (at least one within each township by the 1830s).

Information of Carson Mosier, 11 January 1835, Criminal Case Files,Western District Court of General Quarter Sessions of the Peace, Archives of Ontario, RG 22-110.

If the accusation involved a suspicious death or fire, the coro–ner would launch an investigation (assuming there was a coroner available, if there wasn’t the magistrate would perform his role).¹² The coroner had authority to summon and hear testimony from witnesses, call on medical personnel for their opinions, and gather whatever other evidence he required. He could then call a coro–ner’s jury¹³ to examine the evidence and make a verdict concern–ing the cause of death or the cause of the fire. Most of the evidence was gathered by examining witnesses and recording their state–ments, usually called affidavits or depositions. See (Chapter Six for a full discussion of the role of the coroner and the coroner’s jury.

Inquisition on the body of William Henry Cooke, 13 May 1836, Coroner’s Records,Western District Court of General Quarter Sessions of the Peace, Archives of Ontario, RG 22-1826.

Warrant of arrest for Charles Ragan on charge of larceny, 11 January 1835, Criminal Case Files, Western District Court of General Quarter Sessions of the Peace, Archives of Ontario, RG 22-110.

If the crime did not involve a suspicious death or fire, respon–sibility for the investigation would fall on the local Justice of the Peace with the assistance of the sheriff and his constables. Professional police forces began to appear in the late 1830s.

For relatively minor matters, the magistrate would issue a summons for the suspect to appear before him, or before the rel–evant court on a certain date. For more serious crimes, he would issue a warrant for the arrest of the suspect. The warrant would then be given to a constable with instructions to locate the sus–pect, place him or her under arrest, and deliver him or her to the district or county gaol.

Making an arrest could sometimes be difficult, even haz–ardous. Constables had no special training, were unarmed, and often had to travel great distances in rotten weather to locate and apprehend a suspect. In the Newcastle District alone there were at least fifty incidents (likely many more that weren’t prose–cuted) in which constables or bailiffs were assaulted or threatened between 1813 and 1840.¹⁴

When William Wadsworth, a Queenston consta–ble, threatened Barney Woolman with a prose–cution while a card game was going on in a local tavern, Woolman punched him in the mouth, loosening a tooth. “As you are going to take the Law of me,” he said, “I will give you something to take the Law for.” Woolman pleaded guilty to assault and battery and received a token fine of one shilling and costs.¹⁵

Recognizance of Joseph Willcox, Bail Book of William Dummer Powell, unbound papers, 1803, Baldwin Room, Toronto Public Library, L16.

Here you see the style of cause, “King vs. Joseph Willcox,” the charge “libel,” the name of the defendant, Joseph Willcox, the amount of his recognizance, “£200,” the names of his two sureties, Benjamin Davis and Joseph Sheppard, both of the Township of York, Husbandmen, and the amount of their recognizances, “£100” each. Finally, you see the conditions of the recognizance: the appearance of Joseph Willcox on the first day of the next term, being Hilary 48th Geo. 3rd (Hilary’s term is January to March, the 48th year of King George III’s reign, which was 1808), to the Court of King’s Bench at York and to attend every day until discharged by the court.

However, despite the danger and low pay, it would appear that most constables carried out their orders very well, receiving praise from the magistrates. Frances Ann Thompson’s study of the Niagara District records revealed that there were very few complaints about the conduct of constables.¹⁶

Most of the time, once a suspect was arrested he stayed in gaol until the next session of the court. Towards the end of the Upper Canada period it became more common for the accused to swear out a recognizance (along with two of his supporters), which would allow him to be released temporarily pending trial. If he didn’t appear, he and his sureties would owe the court the amount of the recognizance — usually a very large amount.

Investigative Records

Investigative records are generally filed under the name of the clerk who created and maintained the records (Clerk of the Peace, criminal Assize clerk, etc.) or the relevant level of court (Quarter Sessions, Assizes).

Note: This inventory only contains records that begin before 1841. Many other records will be available for the post-1841 period. See Abbreviations Used for a list of repository abbreviations.

Case Files or Filings

Case files or filings contain a wide range of documents prepared in the course of the investigation and trial. They can include: recognizances, summonses, warrants, informations, examinations, indictments, police reports, exhibits such as maps or photographs, coroner’s records, and lists of evidence.

Inventory

Assize Records

• AO RG 4-1, Boxes 6–7 Crown Prosecutions Case files, 1799–1843.

• AO RG 22-138 Court of King’s Bench Criminal Assize Filings, 1792–1799, 1815–1819. These are all indexed in the ADD by defendant’s name, a total of twenty-seven cases, plus a file of recognizances for the Eastern District, 1798/1799.

• TPL L16 William Dummer Powell papers, B85: bound book “Circuit Papers” 1788–1820. Includes miscella–neous papers relating to a wide range of cases, including affidavits, a coroner’s inquest and indictment, an infor–mation, a jury summons, and several petitions.

Quarter Sessions Records

• AO RG 22-14 Johnstown District (Brockville), Court of General Quarter Sessions of Peace case files, 1802–1846.

• AO RG 22-32 Newcastle District (Cobourg) Court of General Quarter Sessions of the Peace filings, 1803–1848. There are no records for 1845 or 1847.

• AO RG 22-96 York County (York/Toronto) Court of General Sessions of the Peace filings. There are only a smattering of documents for the years 1796–1799, 1828, 1832, and 1838.

• AO RG 22-109 Western District (Windsor) Court of General Quarter Sessions of Peace case files, 1821–1859 in Hiram Walker Collection, MS 205.

• AO RG 22-110 Western District (Windsor) Court of General Quarter Sessions of Peace filings, 1822–1859 in Hiram Walker Collection, MS 205.

• AO RG 22-372 Lincoln County/Niagara District (St. Catharines) Court of General Quarter Sessions of Peace filings, 1828–1919.

• TUA 90-005 Victoria County fonds, 1834–1969: General Quarter Sessions of the Peace records.

• TUA United Counties of Northumberland and Durham. Court records fonds, 1803–1955: includes General Quarter Sessions of the Peace filings.

Coroner’s Investigation or Inquest Records

Coroner’s records usually contain only the final report written by the coroner’s jury. However, in some cases you will also find records of their investigation, such as summons and examinations. The final report will describe the findings of the jury (i.e., how the deceased met his death and whether it should be classed as a criminal offence, accident, or natural causes), and recommenda–tions for actions to be taken to avoid similar events in the future. The report is signed by all the jurors.

Records of coroner’s inquests and investigations may be found in local county or district archives and also at the Archives of Ontario. They may be embedded in records of the quarter ses–sions, so check files and filings records, as well as those labelled “coroner’s” records.

Inventory

• AO RG 22-1826 Western District Court of General Quarter Sessions of Peace, coroner’s investigations and inquests, 1835–1836.

• AO RG 22-3195 Lincoln County/Niagara District, Court of General Quarter Sessions of Peace, coroner’s investigations and inquests, 1834–1917.

• AO RG 22-3395 Middlesex County/London District, Court of General Quarter Sessions of Peace, coroner’s investigations and inquests, 1831–1893.

• AO RG 22-3788 Newcastle District, Court of General Quarter Sessions of Peace, coroner’s investigations and inquests, 1821–1848.

• AO GS microfilm, Huron County, Court of General Quarter Sessions of Peace, coroner’s records, 1841–1904.

• AO GS microfilm Middlesex County/London District, Court of General Quarter Sessions of Peace, coroner’s records, 1831–1835.

• TUA 90-005 Victoria County fonds, 1834–1969: General Quarter Sessions of the Peace, includes Inquests.

• TUA United Counties of Northumberland and Durham, Index to Coroner’s Inquests:

• www.trentu.ca/admin/library/archives/84-020%20inques–tucnd. htm. HCM Coroner’s Inquest — December 8th, 1841.

Police Records

Police records can include a wide range of records including personnel records, day books, arrest warrants and registers, bail books, correspondence, and financial records. They can be found in municipal archives and in private police archives. Professional police forces did not develop until after the Upper Canada period, so there are no specific records for them prior to 1841.

The earliest records for the Toronto City Police, the first pro–fessional police force in Ontario, begin in 1849. They are housed at the City of Toronto Archives.

Private Papers

Records pertaining to criminal investigations may sometimes be found in private papers, particularly of justice personnel. This inventory cannot hope to be complete, but provides a starting point for researchers.

Inventory

High Court Judges

TPL L16 William Dummer Powell papers:

• B85: bound book “Circuit Papers” 1788–1820. Includes miscellaneous papers relating to a wide range of cases, including affidavits, a coroner’s inquest and indictment, an information, a jury summons, and sev–eral petitions.

• B87: Papers regarding prisoners and trials throughout Upper Canada, 1794–1825. Mostly calendars of prison–ers, also a few jury lists.

Justices of the Peace

• LAC R3800-0-3-E (formerly MG24 D108) Robert Nelles fonds 1782–1848. Series consists of chronologi–cally arranged papers of Robert Nelles and his family. The reports and affidavits largely pertain to his career and activities as a Member of Legislative Assembly and a Justice of the Peace respectively.

• NHS Records of Justice of the Peace, Francis Leigh Walsh (1824–1880).

• TPL S113 Alexander Wood papers, 1798–1837. Correspondence and court filings while Justice of the Peace in York, 180 pieces.

• TUA 71-006 John Huston fonds, 1818–1849. Includes his papers as Justice of the Peace.

Clerks of the Peace

• LAC MG9 D8-14 Johnstown District collection: the papers of Edward Jessup, Clerk of the Peace 1800–1801, 102 pages. Series consists of papers preserved by Edward Jessup while Clerk of the Peace. Included are two pages and miscellaneous papers relating to prosecutions before the Court of General Quarter Sessions of the Peace for the Johnstown District. A list of individuals involved pre–cedes the volumes.

• NHS Thomas Welch Papers, Clerk of the Court, London District. Court Papers, 1796–1816.

• PCMA lPeterborough County Court fonds, 1830–1909. Clerk of the Peace Records, Criminal Court Cases, indictments.

Sheriffs

• LAC R4024-0-6-E (formerly MG24 I26 volumes 44–48) Alexander Hamilton and family fonds, records of the sher–iff and various courts of the Niagara District, 1818–1837.

• LAC R6180-0-5-E (formerly MG24 I27) John McEwan fonds, 1811–1868. Fonds consists of correspondence and papers of Captain John McEwan including some legal documents acquired while he was sheriff of Essex County.

• LAC R4029-0-2-E (formerly MG24 I8) MacDonell Family Fonds, Allan MacDonell papers, 1837–1868. Series consists of papers and records collected as sheriff of Gore, 1837–1843 relating primarily to the Rebellion of 1837.

• LAC R3944-0-4-E (formerly MG24 I73) J. W. Dunbar Moodie fonds. Official correspondence received by Moodie while he was sheriff of the Victoria District 1839–1863.

• TUA 90-005Victoria County fonds, 1834–1969: General Quarter Sessions of the Peace, includes sheriff’s books.

Correspondence and Miscellaneous Records

Inventory

• AO RG 22-119 Western District (Windsor) Court of General Quarter Sessions of Peace, correspondence, 1792–1881 in Hiram Walker Collection, MS 205.

• AO RG 22-120 Western District (Windsor) Court of General Quarter Sessions of Peace, miscellaneous, 1808– 1853 in Hiram Walker Collection, MS 205.

• BULA McEwen, Ann Alexandra. Crime in the Niagara District, 1827–1850. Guelph: University of Guelph, Dept. of History, 1991. Unpublished Thesis.

• BULA Thompson, Frances Ann. Local Authority and District Autonomy: The Niagara Magistracy and Constabulary, 1828–1841. Ottawa: University of Ottawa, 1996. Unpublished Thesis.

Treason and Rebellion Investigations

Many of the informations (testimony) relating to treason dur–ing the War of 1812 and the Rebellion of 1837 can be found in the Upper Canada Sundries (LAC RG 5 A1 Correspondence of the Civil Secretary). There is a typed calendar to these records that includes the names of all individuals mentioned in them. It is prepared in chronological order, not alphabetically. A partial alphabetical index (up to 1816), can be found on the author’s website: www.uppercanadagenealogy.com.

Records of investigations for treason and rebellion are often found separated from regular criminal records. Known collec–tions are as follows.

Inventory

• AO RG22-143: Court of King’s Bench records of high treason trial of 1814. Series consists of the few remain–ing records of the High Treason Trials held at Ancaster during May and June 1814. Included are the following documents: dockets regarding the outlawry of Matthias Brown and Benajah Mallory; two depositions against Eliazir Daggett, Oliver Gran, and Eliakim Crosby; and the indictment against Luther McNeal and an exem–plification of judgement against McNeal. Also included with this series are the commissions and inquisitions regarding lands forfeited by those convicted of high treason. The commissions were issued in December 1817, and the inquisitions were held in January 1818. There is also a commission and inquisition for Samuel Thompson dated 1824.

• LAC RG5 B39 Civil Secretary, records relating to Rebellions. Upper Canada. Records of the inquiry into the conduct of Colonel John Prince at the Battle of Windsor, 1839.

• LAC RG5 B43 Civil Secretary, records relating to Rebellions. Upper Canada. Documents relating to the prosecution of Alexander McLeod for the destruction of the Caroline, 1841.

Подняться наверх