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."