our said Sovereign Lord the King before them duly issued, and directed to the returning officer of the said Borough, under and in pursuance of a certain Instrument of our said Sovereign Lord the King, under the Great Seal of the Province, bearing date at the Castle of St. Lewis, in the City of Quebec, the fifth day of July, in the year of our Lord one thousand eight hundred and twenty-seven, for summoning and calling together an assembly in and for this Province, at which said election James Stuart and Wolfred Nelson were candidates to represent the said Borough, as such Burgess as aforesaid, in the said Assembly, and a poll for taking the votes of the Electors of the said Borough for the purpose of electing such Burgess as aforesaid, was then and there duly granted and held; and while the said election was had and held as aforesaid, afterwards, to wit, on the said twenty-fifth day of July, in the eighth year aforesaid, one Jean Cameraire appeared as a Freeholder at the said election and poll, in the said Borough of William-Henry, and then and there polled and gave his vote as such Freeholder, without any objection having been made to his right of voting, by or on the part of either of the said Candidates, and without any oath having been required from him, as to his qualification to vote as aforesaid. And the Jurors aforesaid, upon their oath aforesaid, do further present that Louis Marcoux, late of the said Borough of William-Henry, in the parish aforesaid, in the county aforesaid, in the district aforesaid, gentleman, being a person of an evil mind and wicked disposition, and not having the fear of God before his eyes, but being moved and seduced by the instigation of the devil, and wickedly and maliciously devising and intending unjustly to vex and aggrieve the said Jean Cameraire, and to subject him to the punishment, pains, and penalties by the laws of this Province provided for persons guilty of Perjury, on the twentieth day of August, in the eighth year aforesaid, at the parish of Berthier, in the County of Warwick, in the district of Montreal aforesaid, did falsely, corruptly, knowingly, and wilfully solicit, suborn, and procure one Joseph Allard, to go before Joseph Douaire Bondy, Esquire, then and yet one of the Justices of the Peace of our said Lord the King, assigned to keep the peace of our said Lord the King in and for the said District of Montreal, and also to hear and determine divers felonies, trespasses, and other misdemeanors in the said District committed, and charge the said Jean Cameraire with Perjury, and make oath that the said Jean Cameraire had then lately before at the said election, been guilty of Perjury. And the Jurors aforesaid, upon their oath aforesaid, do further present, that in consequence, and by the means, encouragement, and effect of the wicked and corrupt subornation and procurement of the said Louis Marcoux, he, the said Joseph Allard, afterwards to wit, on the said twentieth day of August, in the eighth year aforesaid, at the parish of Berthier aforesaid, in the county aforesaid, in the district aforesaid, did go in his proper person before the said Joseph Douaire Bondy, being such Justice as aforesaid, and then and there having sufficient power and authority to administer an oath, and take the deposition of the said Joseph Allard hereinafter mentioned, and the said Joseph Allard was then and there sworn and took his corporal oath, before the said Joseph Douaire Bondy, on the Holy Gospel of God; and the said Joseph Allard, being so sworn as aforesaid, by the means, and in consequence, of the said wicked solicitation, subornation, and procurement of the said Louis Marcoux, did then and there, upon his oath as aforesaid, in a written deposition then and there taken by and before the said Justice, touching the charge of Perjury by the said Joseph Allard, so as aforesaid made against the said Jean Cameraire, falsely, wickedly, maliciously, and corruptly say, depose, and swear (amongst other things) in substance and to the effect following; that is to say, that Jean Cameraire, of William-Henry and district aforesaid, invalid (meaning the said Jean Cameraire hereinbefore named) on the twenty-fifth day of the month of July, one thousand eight hundred and twenty-seven, did take his oath, and swear before Henry Crebassa, Esquire, Returning Officer of the said Borough of William-Henry, on the Royal Square (to wit, on a square called the Royal Square, at and in the said Borough) at an Election there, for electing a Member to represent the said Borough in the Assembly of Lower Canada, that he the said Jean Cameraire was qualified to vote at the said Election as proprietor, as being possessed for his own proper use and benefit, in virtue of a legal title in the said Borough, of a Lot of Ground and Dwelling-house thereon, joining on one side to John Hall, and on the other to Joseph Pierre Credit, and that the said Lot of Ground and Dwelling-house thereon belonging to him was of the yearly value of five pounds, sterling, that is to say, five pounds, eleven shillings, and one penny farthing, currency, or more, over and above all rents and charges payable upon or in respect of the same, and that the said Jean Cameraire (meaning the said Jean Cameraire first above named) had been really in possession of the said lot of ground and dwelling-house thereon, or of the receipt of the rents and profits thereof, for his own use, during six calendar months and more, immediately preceding the said Election, and that the said Jean Cameraire (meaning the said Jean Cameraire first above mentioned) in swearing as aforesaid, had been and was guilty of wilful Perjury: Whereas, in truth and in fact, the said Jean Cameraire, hereinbefore and in the said written deposition of the said Joseph Allard named, did not, on the twenty-fifth day of July, one thousand eight hundred and twenty-seven, or at any other time, take his oath, or swear before the said Henry Crebassa, Returning Officer for the said Borough of William-Henry, on the Royal Square, or elsewhere, at any Election for electing a Member to represent the said Borough of William-Henry in the Assembly of Lower Canada, or on any other occasion,, that he the said Jean Cameraire was qualified to vote at the said Election, or at any election whatever, as proprietor and being possessed for his own proper use and benefit or otherwise, in virtue of a legal title or otherwise, in the said Borough, of a lot of ground and dwelling-house thereon, joining on one side to John Hall, and on the other to Joseph Pierre Credit, or of any other lot of ground and dwelling-house, and that the said lot of ground and dwelling-house thereon belonging to him, was of the yearly value of five pounds sterling, that is to say, five pounds, eleven shillings, and one penny farthing currency, or more, over and above all rents and charges payable upon or in respect of the same, and that the said Jean Cameraire had been really in possession of the said lot of ground and dwelling-house thereon, or of the receipt of the rents and profits thereof for his own use, during six calender months or more, or any other time immediately preceding the said Election:-And whereas, in truth and in fact, he the said Jean Cameraire, hereinbefore and in the said written deposition named, did not, on the twenty-fifth day of July, one thousand eight hundred and twentyseven, or before or after that day, take any oath whatever, or swear in any manner whatever, before the said Henry Crebassa, Returning Officer for the said Borough of William-Henry, touching his qualification to vote at the said Election, or touching and concerning the matters and things in the said written deposition contained, or touching or concerning any other matter or thing whatsoever; and whereas, in truth and in fact, he the said Jean Cameraire, herein before and in the said deposition named, was not, by swearing as aforesaid, or in any manner or way, guilty of wilful perjury. And so the jurors aforesaid, upon their oath aforesaid, do say, that the said Louis Marcoux, on the said twentieth day of August, in the eighth year aforesaid, at the parish of Berthier aforesaid, in the county aforesaid, in the district aforesaid, did falsely, corruptly, knowingly, wilfully, and wickedly suborn and procure the said Joseph Allard to commit wilful and corrupt perjury, in and by his oath aforesaid, before the said Joseph Douaire Bondy so then and there having lawful and competent authority to administer the said oath, to the great displeasure of Almighty God, in contempt of our said Lord the King and his laws, to the evil and bad example of all others in the like case offending, and against the peace of our said Lord the King his Crown and dignity. (Signed) J. STUART, Attorney General. (Signed) J. DELISLE, C. R. O. & T. & G. G. D. A True Copy, J. DELISLE, C. K. Crown. (Indorsed) COURT OF OYER AND TERMINER AND GENERAL GOAL DELIVERY, MONTREAL. Affidavit of Mr. FRANÇOIS GAZAILLE dit ST. GERMAIN, late of the Borough of William-Henry, now of the Parish of St. Remi, in the District of Montreal, Yeoman. DISTRICT DE FRANCOIS GAZAILLE dit St. Germain, ci-devant notable cultivateur, residant à William-Henry, en la Seigneurie de Sorel, district de Montreal, province du Bas Canada, main |