The Quebec gazette = La gazette de Québec, 28 avril 1849, samedi 28 avril 1849

[" + Ne \u2026- SATURLIAY AFTERNOON, APRIL 28, 18.] We 8r& much gratified in being able to inform our readers that Messrs.Heward, Perry, alnl Ferres, were liberuted from prison, (bis #fternvon, at half-past one o\u2019clock.At half ast ten flessrs.Ermatinger and Gaguou, Justices of tho Pence, went down to the Juil for the purpose of taking bail from Messrs, Montgomerie, Mack, Heward, and Ferres!, and permitting them to return home.Ç Having sont for thuse gentlemen to meet them in thdy Jailor\u2019s apartments, they descended.ud were informed by Mr.Erma- tinger that, un his owu responsibility, he was prepara to icuntinue the examination, aceept bail from UVem aud liberate them.The following coniVigrsation ensued :\u2014 Prisoners; Before we accept bail or enter upon the bisiness at all, we desire to know whether on are authorised to release Mr.Perry ?Mr/ E\u20141 am not.He is here under diffrent affidavits, and a different warrant, a¥id I cannot release him at preseut.\" Prisoners,\u2014 Woe are all here cu the same charge, and as we believe on the same affidavits, although on different warrants, and we beg 10 inform you, that out of this Jail we du not go, unless Mr, Perry goos with us.Mr.E.\u2014He is in under different affidavits, and a different warrant, and I cannot do it.Prisoners.\u2014Then, Mi.Ermuutinger, we return to out cells.We all go or none.Mr.Petry has had oo examination, he lias never seen an affidavit nor warrant against him, and we requost you will proceed to take his examinatiou in the usual form, and allow him to accompany us, for if you keep hun you kanp us.Mr.Ermatinger then louKet uver the uthi- davits, aud found that all ihe prisoners had been arrested ou the same affidaviia, and consented to release Mr.Puiry also.Mr.Ermatinger then desired io cuntinne the examination, but the Prisoners declined answering wu Molu questions, of 10 sign any more dec Bail Bonds were wcsondingly signed ty friends ot thie prizoners, who had cone dows on purpose, having heard of the iatended release, and overything being in tui, they were told thay were at libeity.As Me Ermatinger hat not come prepared with prititest foros for MB.Peary, stme [une was consumed iu writing them out.Frend- Fativas.in the interim had come iu, aod ain vinoibus having been brounghinto the gate they prepa ed for departuse.Où passing through the Court yand, they cheered the guard aud sentnes, some ched < Romoffier tons Soir,\u2019 ALL seep given thres chuera fur the Queen, they proceeded ou thuir way tu towu in the vianoibus and cabs.On the way up more cabs and a second omnibus were filled, and by the tiue they reached White's Hutel, a respectable number of people had joined thew.SATURDAY, APRIL 28, but merely to afford the magistrales, many of whom were in attendance, au opportunity of consulting together upon the business in hand.Under this assurance and relying upon Mr.Delisle\u2019s word as a geutleman, we accompanied an officer of the Court into Mr.Ermatinger\u2019s 100m, where we wero locked up.After a detention of about two hours, during which time Mr.Ermatin- ger was in attendance at the Government House, that gentleman made his appearance, and tossing some papers upon his table, said.* Gentlemen these are the depositions against you.\u201d\u201d He added that we might look at them, but copies were then refused, upon the plea that the Clerk must have them to make the usual headings,\u2014which, we need scarcely say to you, was absurd, apd amounted to a refusal of copies ; he, however, promised to send them to us immediately, after our examination.We were then fur some time left alone, and on his return he said, \u201cI will now take your voluntary declarations,\u201d and made the usual formal explanation on that subject.We asked him then if he was prepared to act in this matter alone, to which he replied in the affirmative\u2014and, in reply to the question whether he acted as an independent Magistrate or under the directions of the Attorney Geueral\u2014he asserted that he was acting as an independent Magistrate, and under the orders of no one.About this time Mr.Castle, a Justice of the Peace, eutered the rom, when he was requested to withdraw \u2014:hiough he stated his capacity, and that it wus in Lhat capacity he presented himself.Mr.Ermaunger said his appearence was unusual, and begged that he would retire, which Me.Castle did, and Mr.Ermatinger than proceeded to lake our decla- rations\u2014which were given by us, even thea under the impression that this step was merely preliminasy to vur beiug cariied before the magistrates, who were waiting tui that purpose in the Police Office.The loumal paint of the declarations wee read to u-,1o which we respectively auswer- ed thot we nad nothing lo sav except a total dentul of the calumnivus ad offeusive char.e.We have ulieady \u2018staled that We Were ai- rested un a Chuige Ol ulsuil, aid ataou VIS 5 but the declarations set foith that we were charged wiih exciting and instigating à mob i0 the commission vi (hat come, und ding and nbelting ru the sume, We need ctuice- ly suv that all tliis wae an afterthought an vider (but theo might be an apparent hui- mony between the declaration and the affi- davh, winen falter lu vo way sustain the chaige on which we hal been anested\u2014a : hinipe fur arson, Having now discovered that Me.Boman - HEE OBCUHLIEL (UGLY BIUsL ae tie sty offered evidence of the most conclusive na- tue, ihen in attendence, thal we were total- ty annocent, Lot only of the crane ol aison, but evenol the supplementary pail so irre- gulary introdaced into the Declarations.We at the same tune oll ed lis attention to the insufficiency of the affidavit\u2014bat his 1aply 2.a obi annttos À 1849.\u2014 \u2014emmememeus He required me to 1ollow him immediately, and ! was conducted to the Central Police Station, where | was placed apart, in a e0- litary cell, and detained there for some time, without being allowed to communicate with my brother, who called to see me, or indeed with any person whatever.After about eight hours of this solitary confinement, I was conducted to the Common Gaol, in charge of a Sergeant of Police.Mr.M\u2018Ginn, the Gaoler, vas not in the building at the time of my arrival, but I was immediately placed (seemingly in pursuance of whispered instructions from the Sergeant in whose charge I was) in a close, dimly-lighted cell, without bench, chair, table, or any other article of furniture.Fiuding my rimonstences against Iny çou- finement in this place to be all in vain, I re- guested that my situation might be made known to Mr.M\u2018Ginn, upon his return.Previous to that time, however, I was visited by Sheriff Boston, and, by his instructions, was removed to a more convenient apartment.Here 1 have remained until this time\u2014 upwards of forty-eight hours from the period of my first arrest\u2014and I would especially request your attention to the fact that I have not yet seen the affidavit or affidavits on which 1 have been committed ; that I have undergone no examination whatever; that, in fact, 1 have no further official information of the cause of my imprisonment than the production of a folded paper by Mr.Jermy, with his assertion that it was a warrant for my apprehension, for the crime of arson.This, sir, is a plain and simple statement of the facts of my case, and I now desire to know whether a British subject is to be thus torn from his family, and thrown into a dungeon, un an accusation which I have no hesitation wn pronouncing false and unfound- ed-\u2014without any intimation whatever of the grounds on which that accusation is based\u2014 and witliout event an opportunity of recording iy emphatic denial of the charge made againt me.Believing that the anthoribes ure buuni lu luke action nia matter by wibeh | am most unjustiy detained Hos wy home and my business, 16 my great Juss and detiiment, I have again reepectfuily to request that you will being ay case wider ilieir con- sidesation.t uit, St, Yon most old.seve, ALFRED PERRY.A wai debate touk place iu ihe Assembly tHus ruotelux, où à motion of Mr.Boul- tou, ot Norfolk, to the effect that the House shold addiees his Excelleuvy, expressing its desue to maintain peace, and support the guyeruiment in any moasbres 10 Blinin Hell \u2014\u2014\u2014\u2014 laure The discussion arose on clauses of the mutiun to the effect, that the country was in a state of profound tranquillity.Hon.gentleman on the uppusition benches warmly arguing that this was false; and charging the Guvernment with not haviug used proper piecaution.£3.11 LY la 1 à £ ol RS ceeded on thuir way lu towu in the omuibus and cabs.On the way up more cabs and a second omnibus were filled, and by the tite they reached White\u2019s Hotel, a respectable number of people had joined thew.Here a Univ Juck was procured, and the party proceeded, increasing as they want up the Quebuc Suburbs, und being cheered from the different establishments, aud from windows as they passed.The loyal men of the St.Mary\u2019s Fouud:y paiticulurly, turnod out, and mounting the fences, gave lusty vhuers for the prisoners, Several small parties of soldiers were now andjthen met by the way, aud were loudly cheered by the cavalcade, as also were the Officers\u2019 quar:ers on the route, and thu pleus- ed counteuances of the gallant fellews spoke how the heart beat, beneath the auifonn ol Her Majesty, as the cheers whi tha feelings of the civilians towards them, and that the sympathy of 1837 vad 1838, was still vivid in 1849.By the time the prucession\u2014 traæumphal procession we may call it, \u2014had reached the Government House, it amounted lo suverul hundreds.flere deatening cheers weve raised, the windows of the uffices being crowded with the clerks.It continued on to Orr\u2019s Hotel, where the whole stopped for a minute or two, and then proceeded to the Place d\u2019Armos, where a crowd of several hundreds had assembled in front of the Montreul Bank.Messra.Ferres, Mack, Heward, Mont- gomerie, and Perry, addressed the people present, thanking them for their good will, and expressiug theiz sentiments On the stand they had taken.They exhorted all to peace, order, aud trangaility, recommaænd- ing them suongly to do ail in their power io allay the excitement, nnd permit things to Teturn to thëir usual couise.They wero loud'y cheered, und the people seemed io concur heartily in the advice.The Hou.George Moitait thea addressed a few words 10 then, urging peavs and order, and informed them that the Fiench Cuna- dians had buen disarmed, ant ihat the safety of the city had beon coufided tothe military.He said that all kaew the gaitaût feelings of the soldiery, aud that everything would now go right.ings must Le held, and tasted that order ile also said that no more muet- would resume its sway.The people then dispersed quietly, The peep pe 4 > rain poured down the whale tune, but it did not damp the enthusiasm of tie peuple.TO COL.GUGY,M P.P, MonTrEaL Jair, April 28, 1849, Sin, \u2014On the morning of the third day ot our confinement in the Common Jail, with- ont any commiltal, except à mere remand for further examination, we address ourselves 10 yuu in your capacity of a member of the House of Assembly, to reprerant to that Body, should you sue fit, that we consider our arrest and detention as illegal, ae will, we doubt not, appear to you, on perusal of ihe short and simple facts of our cuse.On the morning of the 26th instant, we were arrested upon a charge of arson, and taken to the Police Office fur the purpose of undergoing an examination before,as we were informed, the uaual Benoh of Magistrates.After being detained there for vpwards of an hour, we were requested by Mr.Delisle, clerk of the peace, to siep into Mr.Erma- tinger\u2019s own office, and, upon oar objecting 10 any piivaie examination before that gentleman, Mi.Delisle assured us thai it was for no purpose of that kind, ture, \u2018lien in attendence, Ihut! we were lotal- ty innocent, not ouly of the crime of aison, but evenol the supplementary pait s0 irre- gulary intcudaced into the Declarations.We at thu same time Oxll ed his attention to the insufficieuey of the affidavit\u2014but his reply was, \u201c [ bave nu discretion in the matter, | must commit you, but [shall make out your comuiital iu full for arson, for the felony\u2014so that you wny make your application te be admited lo bail inunediately.\u201d With these words he left the room sud we saw him no more\u2014nor did Le or uuy one elee send us copive of the affidevit\u2014aud, in fact, we never had an opportunity of making any ap- pliontion even tw any officer of the Court for COpiCE.Aîter a further detention of au hour or more, we Were sent under a anilitary escoit to this place, wheie, for the first time, we found that Mr.Ermatinger had merely re- mauded us for tuiiber examination\u2014in this regpuct we inusl be pertnitted to say thatthat peioon has been guilty of a piece of trickery and deceit towards us.Wao thiok that we were seut to prison ille- gully, because the depositions are prefectly inconuclusive against any of us, beocnuse we ought, in the face of, at leust, doubtrul affidu- vils, to have been afforded an opportunity ot addncing the evidence of the witnesses in attenidauce, who were ready to prove that the charge in all its pants was false.\u2014because a full Beusch of trates being in attendance, we ought 10 have been exarained su pressiice of more than one magistrate, i which Case we must have beeu permiitei to adduce evidence, because having been once brought before tlio Police Court, and there detained, we ought not to have becn removed into the private office of Mr.Ermantinger ; and finaly, because we were examined touching facts other than that which was assigned in the warrant tor Magis - SOUr arrest.We thiuk our detention here illegal, because we were ouly cuinmitted for further examination, and have not yet been further examined, nud ure thereby depiived of the precious right of aplying to Her Majesty\u2019s Court of Quesn\u2019s Beuch for our reiease under [Heabus Corpus.Under ail those circumstances we have requested that you will, according lo your disdretion, bring this matter auder the notice of the House, as we feel assured that that honorable body with not suffer any British subjeet to be deprived of his liberty without most Important and satisfactory reasuus for the same, \u2014certamly not under a proceeding like the present, which cannot be characterised otherwise than as a Star Chamber Warrant, or à Lettre de Cacpet.We remain, Sir, Your most obedt.Servis., W.GORDON MACK, JAS.MOIR FERRES, AUGUSTUS HEWARD HUGH E.MONTGOMERIE.CUL.GUGY, M.P.P.Montreal Gaol, 28th April, 1849.Sir,\u2014 | beg to address you asa Member of the Provincial Parliament, with the request that you woull kindly use the influence of that office, to assertain from the proper anthorities under, what law I am now confined in the common gael of this city.To enable you to do so, I will state the cir- sumstsoces under which I was conveyed here.About five o'clock on the morning of the 26th instant, Mr.Jermy, Sub-Inspector of Police, called at my house, snd intimated that he had & warraut against me for Arson.mutivn to the effect, that the country was in a slate of profound tranquillity.Hon.geatle- man on the opposition benches warmly arguing that this was false ; and charging the Goverumeut with not haviug used proper precantion.Col.Guay read two letters from the pri- sonera, which we publish below.He commented in « very indignant mnnner on the irregular and illegal course the Attorney and Solicitor-General for Lower Canada, had advised Mr.Ermatinger to take.Me said, the whole of the disturbances aud destruction ot property that had since occurred, was attributable to it.Mr.Barbwix 1eplied that the Government could have newher interest nor intention to interfere with the 1egular administration of justice.He suid that the delay might have occurred in consequence Of the exciled state of the city, and the committing Magistrate being occupied.Mr.Baberey, in an indignant speech, fol - lowed to the sue effect as Col.Gugy.He stated that Mr.Ermatinger informed him, that he, (Mr, E.), had been dusived by Mr.LaFontaine uot to go on with the examination.Mr.BALDWIN said that it was not then the time for explunation, but that it could be giveu in proper time.Mr.Hineks had heard the examinations were going on, und probably, by that time finished.Col.Gugy said then that the excitement would immediately cease in that case, and that they might disarm their constables immediately.Mr.Hincks replied they had been disarm - ed lung ago.\u2014(Cheera.) The East Hall of the building is occupied dy the 7lst Regiment, which has been brongbt in from St.John\u2019s.- Ent oy 4 BY TELEGRAPH.Boston, April 27\u20141, p.m.By the Cumbria we have the following important news from Coustantinopie.There have been changes in the Ministry, by which Solomon Pasha, the great enemy of Russia, has become Minister of War.The Turks have seized 4 Rassian Custom House, aud are administering the affairs themselves.lt is also staled that the Egyptian army is coming ap, and everything wews a most warlike aspect.The Milan Guzetle contains a summary of the revolt and capture of Brescia, after a sive of eight days, by the Austrians.The town vus bombarded fur =ix huurs.The streets wele cartied at the point of the bayu- net, and the iuhbahitauts driven inte.the houses, which were burned down, Tle cai- nuge was immense, Au Extra of the New Yoik Morning Star contuing important news from South America, raceived by Telegraph, dated Nurfolk April 27, which says, the Douglas arrived at Hampton Roads yesterday, bringing dates from Rin Janeiro to the 26th March.On the 2d of Mach, the city of Pernam- buco was the scene of a prolonged and sanguinary battle between the Government party aided by the troops of the line, and Gustave\u2019s paity.The fighting continued 15 hours, during which the Liberals displayed the most determined courage, repeatedly charging upon the bayonets of the troops of the line.Nunez Washia, the leader of the revolt was shot dead at the commencement of the fight while leading his followers to the asauit.\u2018The Liberals were at length forced to yield to superior numbers and discipline of the Fuaropean forces and their retreat, speadily became a flight in which great numbers were cut down by their pursuers.Immediately on learning the state of affairs at Panam Brieo.The Emperor hastened hither at the head of all the forces he could collect, and instantly disolyed the Chambers.Great dissatisfaction prevailed, great part of the citizens being in mourniug for the slain.Basiness was of course suspended."]