[riddell] upper CANADA A CENTURY AGO 13 



Duelling was not extinct — Anthony Marshall, J. P., of Kingston, 

 complains to Maitland of Captain Raines, commanding a troop of 

 Militia Cavalry (Dragoons), abusing him for certain acts done as a 

 magistrate, and sending him a challenge by Mr. Innes, Wednesday, 

 October 24, 1822. Marshall at once referred him to Mr. Robert 

 Stanton. The next day there was a notice put up in the Post Office 

 signed "Fras. Raines," declaring Mr. Marshall to be "/no Gentleman 

 and a Coward," also on two posts of the Marketplace "a creamer" 

 posted : 



"Kingston, 23 Oct., 1822. 



"I do hereby declare Mr. Marshall, of Kingston, Surgeon, etc., 

 to be no Gentleman and a Coward. 



'"Fras. Raines." ^^ 



The feud between Lord Selkirk and the North-Western Company 

 had left its traces. 



The District of Ottawa, recently formed by the Act (1816), 56 

 George III, c. 2, of the Counties of Prescott and Russell, which were 

 detached from the Eastern District, had required a Sheriff, and 

 Alexander Macdonell wished to be appointed. He was unsuccessful 

 in his application because he was under indictment in connection with 

 the Selkirk-N.W. Co. troubles. He applied, without success, to be 

 tried; and finally the indictments (in Lower Canada) were nolle 

 prosequied. Simon McGillivray, now at Port Talbot, writes Mayor 

 Hillier, Maitland's Secretary, on behalf of Macdonell. On his return 

 to Montreal McGillivray writes again, October 12, 1822, with certi- 

 ficates of quashing indictments against Macdojiell. In this letter 

 are certain statements worth copying in full. McGillivray says that, 

 on looking over the indictments and the persons against whom they 

 were found, "I am forcibly reminded of a conversation which I had, 

 or rather a series of remarks to which I listened, on a certain occasion 

 five years ago from a magistrate who had been much occupied in 

 taking the affidavits of Lord Selkirk's witnesses and whose professiofial 

 caution was at the time rather diminished by a social glass. He began 



^^It appears that Lieutenant Innes appeared before Pringle, J. P., and Marshall, 

 J. P., and that Marshall forgot himself for a moment and said that Raines "told a 

 story" — he denies that he used the shorter and uglier word "lied." Raines called 

 him rascal, villain, coward and other like terms, and the same day sent him two 

 challenges through Innes. 



Is "creamer" intended for "screamer"? The lexicographers do not know 

 the word. 



