The Story of the Upper Canada Rebellion | Page 2

which was the largest in the Province, was packed to the
doors, and though every window was thrown open for purposes of
ventilation, the atmosphere was almost stifling. Even a stranger, had
any such been present, could not have failed to perceive that the trial
was one in which a keen interest was felt by the spectators, many of
whom were restless and irritable, insomuch that they found it
impossible to keep perfectly still, and from time to time shifted
uneasily in their places. Whispers, "not loud, but deep," occasionally
reverberated from the back benches to the quadrangular space in front
assigned to gentlemen of the long robe, and ascended thence to the
august presence upon the judgment seat. Ever and anon the stentorian
voice of the crier proclaimed silence, in a tone which plainly signified
that endurance had well-nigh reached its limits, and that he would
really be compelled to proceed to extremities if his mandate were any
longer disobeyed.
The court-room was of the old conventional pattern. At the upper end
was the large elevated desk, or throne, extending nearly half way across
the chamber, with spacious cushioned chairs, and other suitable
accommodation for the presiding judge and his associates. To right and
left were the enclosed jury boxes, with seats raised considerably above
the level of the floor, but not so high as those provided for the justices.

Directly opposite the throne of justice, and about six yards distant
therefrom, was the prisoners' dock, into which five or six persons might
have been thrust, at a pinch. The intervening space enclosed by this
quadrangle--throne, prisoners' dock, and jury boxes--was mainly
appropriated to the use of barristers and attorneys, and their clients. A
large portion of the space so appropriated was occupied by a table,
around which were distributed a few chairs, every one of which was
occupied; and at the end directly below the judicial throne was a small
enclosure provided for the clerk of the court, set apart by a low railing,
and containing a desk of diminutive size. Between the clerk's desk and
the left-hand jury box was the witness stall, raised to a level with the
highest seats provided for the jurors. A seat for the sheriff was placed a
short distance to the right of the throne of justice, and on a slightly
lower level.
All these arrangements occupied perhaps one-third of the entire
court-room. The rest of the space, extending from the rear of the
prisoners' dock to the lower end of the chamber, was occupied by seats
rising tier behind tier, with a passage down the middle. Between each
of the ends of these seats and the walls of the chamber were passages of
about three feet in width, leading to the doors, for purposes of "ingress,
egress and regress." Such was the plan of the conventional Upper
Canadian court-room in the olden time; and such, with a few
inconsiderable modifications, many of them remain down to the present
day.
The sole occupant of the judgment seat, on this sultry afternoon, was a
gentleman of somewhat diminutive size, but withal of handsome and
imposing appearance. Though he had reached advanced middle life, he
presented none of the signs of age, and evidently retained all his vigour
unimpaired. His eyes were bright and keen, and his small but firm and
clearly cut features were lighted up with the consciousness of mental
power. No one, looking upon that countenance, could doubt that its
owner had all his faculties under strict and thorough control, or that his
faculties were considerably above those of average humanity. The face
was not one for a child to fall in love with, for it was a perfect index to
the character, and was firm and strong rather than amiable or kind.

Evidently a man who, should the occasion for doing so arise, would
deal out the utmost rigour of the law, if not with indifference, at least
without a qualm. He was the Honourable William Dummer Powell, and
he occupied the high office of Chief Justice of the Province. In
conjunction with the Reverend Doctor Strachan, Rector of York, he had
for several years practically directed the administration of affairs in
Upper Canada. Francis Gore and Sir Peregrine Maitland might
successively posture as figure-heads under the title of
Lieutenant-Governors, but the real depositaries of power were the
Rector and the Chief Justice. Ominous combination! which falsified the
aphorism of a great writer--now, unhappily, lost to us--about the
inevitable incompatibility of law and gospel. Both of them had seats in
the Executive Council, and, under the then-existing state of things,
were official but irresponsible advisers of the Crown's representative.
More than one would-be innovator of those days had been made to feel
the weight of their hands, without in the least