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.