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: