[riddell] times of ROBERT GOURLAY 81 



The Attorney General was John Beverley RobinsoD, who, apparently indifferent 

 at first to Gourlay and his movement, soon became satisfied that he was a dangerous 

 demagogue. It seems reasonably certain that he was influenced by the Reverend 

 Dr. Strachan, whom Gourlay attacked without mercy and whom he affected to 

 despise. The Information ex officio referred to is one of the most discreditable 

 proceedings of the time. Gourlay's Address headed "Gagg'd-Gagg'd by Jingo " 

 was published in the Niagara Spectator, December 3, 1817; Isaac Swayze laid an 

 information against Bartimus Ferguson, the editor of the paper, and Ferguson was 

 arrested and placed in Niagara Gaol. But this prosecution dropped and he was 

 released. June 28, 1818, Gourlay sent another article to the Niagara Spectator 

 which published it — it is said in the absence of the editor; the article attacked the 

 Members of the House of Assembly, sycophants around the Governor who was 

 making a fortune out of the taxes of Canada, spoke of "poor Peregrine .... a 

 thing called Excellency a British General who forgets the laws of honour, of prudence, 

 feeling, justice," etc., etc. 



The House, July 5, voted this a "scandalous, malicious and traitorous libel" 

 and requested the prosecution of author, printers and publishers. Gourlay was let 

 alone, but Bartimus Ferguson, the editor, was prosecuted on an Information ex 

 officio. He was arrested at Niagara, brought to Toronto, produced before the Full 

 Bench of three Judges and sent to Niagara for trial. Tried at the Niagara Assizes, 

 defended by Thomas Taylor, our first Law Reporter, he was convicted and sent to 

 gaol. In the following term he was brought to York and sentenced to pay a fine of 

 £50 and to imprisonment in the Common Gaol at Niagara for 18 months, to stand in 

 the pillory for four hours, and to give bonds for good behaviour for 7 years, remaining 

 in prison until the fine was paid and security given. Ferguson made a humble sub- 

 mission and part of his punishment was remitted. Gour. 39, 50. 



"Wilcox, Mallory and Maracle" were Joseph Willcocks and Abraham Marcle, 

 members of the House of Assembly who deserted to the enemy in the War of 1812 

 and were expelled from the House, February 19, 1814 — and Benajah Mallory, also 

 accused of treason at the same time. 



Daniel Washburn was struck off the Rolls in 1820 "for conduct of a highly 

 disgraceful and criminal nature," which had already become common property; 

 it was in his office that Barnabas Bidwell was managing clerk — and there Marshall 

 Spring Bidwell began his professional training. 



Mr. James "Durant" was James Durand, Member of the House of Assembly, 

 a Reformer but not a friend of Gourlay's. Gour. p. 49. He was quite falsely accused 

 of using for his own purpose certain public money given him to expend on roads. 



"Hone" was William Hone, the well-known author and publisher; he began 

 in 1817 publishing satires on the Government of Britain John Wilkes' Catechism and 

 the like. He was prosecuted on an ex officio Information for publishing John Wilkes' 

 Catechism, December 18, 1817, before Mr. Justice Abbott (afterwards Lord Tente- 

 den) and acquitted. The Chief Justice Lord Ellenboiough determined to preside 

 himself at the next trial, which he did, December 19 — ^an ex officio Information for 

 publishing Hone's own "Political Litany," but Hone was again acquitted. The 

 next day, December 20, Hone was again put on trial on an ex officio Information 

 for publishing "The Sinecurists' Creed." Lord Ellenborough again presided, and 

 again Hone was acquitted. — these prosecutions and their result killed Lord Ellen- 

 borough. Hone defended himself with extraordinary skill, vigour and learning, 

 proving himself quite too much for Judge and Crown Counsel. 



Sec. II. Sig. 6 



