Mr. ROBINSON, on behalf of the Crown, in an able address, strongly combated the idea that the Court at Regina was not legally constituted, and cited cases in support of his contention. He also dwelt at length on the insanity plea, showing the absurdity of the contention that Riel was insane.
Mr. Osler and Mr. Aikens followed on the same side, supplementing the arguments of the previous speaker as to the constitutionality of the Court, and cited a number of authorities adverse to the insanity plea.
NEW TRIAL REFUSED.
At Winnipeg, on the 9th September, at a sitting of the full Court of the Queen's Bench of the Province of Manitoba, judgment was delivered in the appeal for a new trial for the prisoner Riel.
His Lordship Chief Justice Wallbridge first delivered judgment. He referred briefly to the facts brought before the Court and the statutes by which the stipendiary magistrates are appointed in the North-West and to the powers given them for the trial of the cases before them alone, and to the cases, including treason, which have to be tried before a magistrate with a justice of the peace and a jury of six. His Lordship held that the constitutionality of the Court is established by the statutes passed, which he cited. If the Act passed by the Dominion Parliament was, as claimed by the defence, ultra vires, it was clearly confirmed by the Imperial Act subsequently passed, which made the Dominion Act equal to an Imperial Act. The objections were to his mind purely technical and therefore not valid. His opinion therefore was that a new trial should be refused, and the conviction of the Superior Court was therefore confirmed.
Mr. Justice Taylor followed, dealing fully with the arguments brought forward by the prisoner's counsel. On the question of the delegation of the power to legislate given to the Dominion Parliament, he held that the Dominion Parliament has plenary powers on all subjects committed to it. He reviewed fully all the facts relating to the admission of Rupert's Land to the Dominion, and to the statutes passed for the government of Rupert's Land and Manitoba when formed as a province. After a critical examination of the evidence in the case, he was unable to come to any other conclusion than that to which the jury had come. The evidence entirely fails to relieve the prisoner from responsibility for his acts. A new trial must be refused and the conviction must be confirmed.
Mr. Justice Killam next followed at some length, concurring in the views of his brother judges.
With these proceedings the trial of the rebel chief was
concluded, though counsel for Riel has notified the
Executive that they will appeal the case to the Privy
Council in England. Riel will, meantime, be respited.
RIEL'S EXECUTION.
The execution of Louis David Riel took place at Regina, on the 16th November, 1885. He met his fate bravely, and displayed more fortitude than had been thought possible. He abstained from speech-making, and confined himself entirely, on the advice of Father Andre, who has been his constant companion throughout, to spiritual matters. Riel never slept after receiving intelligence that the execution would take place that morning, and throughout the night was constant in his devotions. At seven o'clock he had a light supper, and at five in the morning mass was celebrated, followed two hours later by the administration of the last sacrament. Riel, towards the last, almost entirely dropped his new religious idiosyncrasies and decided to die a devout catholic.