The next witness WAS JOHN ASTLEY, surveyor of PRINCE ALBERT, who was long prisoner of Riel's at Batoche, and the rebel chief's messenger on the day of the taking of the village by the loyal forces under Middleton. The witness gave a vivid description of his capture and imprisonment by Riel, and his subsequent release by the volunteers at Batoche. Riel acknowledged to him that he ordered his men in the name of the Almighty to fire at Duck Lake. He did not do so, however until, as he thought, the police had fired. Riel told him he must have another fight with the soldiers to secure better terms of surrender from Gen. Middleton.
SECOND DAY OF THE TRIAL.
The second day of the Riel trial brought out sufficient evidence to incriminate the prisoner, and to lead the Crown prosecutors to waive the calling of other witnesses. During the proceedings the prisoner, it is reported, manifested more interest than he did on the first day of the trial, and his dark penetrating eye restlessly wandered from witness to counsel, and from bench to jury. "All day long a couple of medical men sat watching his actions, to discover, if possible, whether his mind was affected or not." His disagreement with his counsel towards the close of the day, caused an exciting break in the proceedings.
GEORGE KERR, of Kerr Brothers, BATOCHE, was the first witness sworn. He testified that on the 18th of March, Riel, with some fifty armed half-breeds, came to his store, and demanded, and obtained, all his guns and ammunition. His store was sacked, and later on he was himself taken prisoner, but was subsequently released. Riel, he testified, directed the rebel movements in concert with Gabriel Dumont.
HARRY WALTERS, another storekeeper at BATOCHE, was then examined, and gave similar testimony as to the sacking of his store, and of Riel's demand for arms and ammunition. On his refusing to accede to the demand of the prisoner and the breeds with him, Riel said, "You had better do it quietly. If we succeed, I will pay you; if not, the Dominion Government will." I refused, said Walters, and they forced themselves in and took the arms. I was arrested shortly after. Riel said the movement was for the freedom of the people. The country, if they succeeded, was to be divided, giving a seventh to the half-breeds, a seventh to the Indians, a seventh to church and schools, the remainder to be Crown Lands. I was kept prisoner three days, being liberated by Riel. Riel said, God was with their people, and that if the whites ever struck a blow, a thunderbolt would destroy them. They took everything out of my store before morning, the prisoner superintending the removal of the goods.
HILLYARD MITCHELL sworn, was examined by Mr. Osler. He said—I am an Indian trader, have a store at Duck Lake; heard there was an intention by rebels to take my store. I went to Fort Carlton and saw Major Crozier on the Thursday prior to the Duck Lake fight; saw prisoner on that Thursday at Batoche. Saw some people at the river armed. At the village I saw some English half-breed freighters who had been taken prisoners by Riel, and their freight also taken. Philip Garnot took me to the priest's house. I saw the prisoner there with Charles Nolin, Guardupuy and others. I think this was on the 19th of March. I told Riel that I had come to give some advice to the half-breeds. Riel said the Government had always answered their demands by sending more police. They were willing to fight 500 police. He said he had been trampled on and kept out of the country, and he would bring the Government and Sir Jonn Macdonald to their knees.
THOMAS E. JACKSON was next examined by Mr. Osler, and deposed that he was a druggist, at Prince Albert, and a brother of Wm. Henry Jackson, an insane prisoner of Riel's. Riel, witness testified, asked him to write to the eastern papers, placing a favourable construction on his (Riel's) actions. Riel had made an application to Government for $35,000 as indemnity for loss of property; he showed the greatest hatred to the English, and his motives were those of revenge for ill-treatment at the time of the Red River rebellion. Having questioned Riel's present motives and plans, witness was taken prisoner and placed in close confinement. Riel afterwards accused me of having advised an English half-breed to desert. When Middleton was attacking Batoche, Riel came to witness and told him if Middleton killed any of their women and children he would massacre the prisoners. He wrote a message to Middleton to that effect, and I carried it to the General. (The message was produced and identified by witness). I did not return to the rebel camp. Saw the prisoner armed once after the Fish Creek fight. Riel was in command at Batoche, Dumont being in immediate command of the men. I know prisoner's handwriting. (The original summons to Major Crozier to surrender, the letter to Crozier asking him to come and take away the dead after Duck Lake fight, a letter to "dear relatives" at Fort Qu'Appelle, a letter to the half-breeds and Indians about Battleford, a letter to Poundmaker, and other documents were put in and identified by witness as being in Riel's handwriting).
Cross-examined by Mr. Fitzpatrick—The agitation was for provincial rights and their claims under the Manitoba treaty, and I was in sympathy with it. Riel was brought into the country by the French half-breeds. I attended a meeting at Prince Albert immediately after Riel's arrival in June, 1884. Riel said what they wanted was a constitutional agitation, and if they could not accomplish their ends in five years they would take ten to do it. Riel was their adviser; was not a member of the Executive Committee. Up to March last, from all I heard prisoner say or discovered otherwise, I believed Riel meant simply a constitutional agitation, as was being carried on by the other settlers. Riel had told him the priests were opposed to him, and that they were all wrong. Heard Riel talk of dividing up the country to be bestowed on the half-breeds, Poles, Hungarians, Bavarians, etc. When I was Riel's prisoner I heard him talk of this division, which I thought meant a division of the proceeds of sale of lands in a scheme of immigration. This was altogether different from what he had all along proposed at the meetings. All the documents Riel signed that I know of were signed "Exovide" (one of the flock). Riel explained that his new religion was a liberal form of Roman Catholicism, and that the Pope had no power in Canada. Think Riel wanted to exercise the power of the Pope himself. These expressions were made by Riel after the rebellious movement was begun.
GENERAL MIDDLETON was now called, and was examined by Mr. C. Robinson, Q.C. He testified that he was sent by the Minister of Militia to quell the outbreak on the Saskatchewan, and gave the well-known details of his encounter with the rebels at Fish Creek, and of his subsequent movement on Batoche. He testified to receiving two letters from Riel on the day of the capture of Batoche, in one of which Riel threatened to massacre the prisoners in his possession if he (Middleton) fired upon the half-breed women and children. The letter was produced in Court, and identified by the General.
CAPT. GEO. H. YOUNG, of the Winnipeg Field Battery, deposed that he was present at Batoche as Brigade Major under the last witness, and was in the charge at the close. Witness was first in the rebel council chamber after the capture of the village, and found and took possession of the rebel archives. A number of documents were produced, which witness recognised as those he had secured. After Riel's surrender he was given into witness's custody and taken to Regina.