Quebec City Archives

Themis Database of Court Records

September 17, 1849

Piece #75055

Localization 3B 023 04-06-003A-01

Contenant #1960-01-357\115

Dated 17th day of Sept 1849

DEPOSITION OF

James Cowan

Versus

James Duffy

Wounding with intent to murder

POLICE OFFICE

PROVINCE OF CANADA

DISTRICT OF QUEBEC

BEFORE ME, the undersigned, one of the Justices of our Sovereign Lady the Queen assigned to keep the Peace within the District of Quebec, this seventeenth day of September in the year of our Lord Christ, one thousand eight hundred and forty nine, Personally came and appeared James Cowan of the place called Stoneham, farmer.

Who being duly sworn upon the Holy Evangelists of Almighty God, doth declare, depose, and say, as follows: – wit, I reside in the extra parochial place called Stoneham in the County and District of Quebec and am neighbor to one James Duffy. On Sunday the ninth instant Margaret Flinn came running into my house and told me that James Duffy was beating my two sons whom I had sent to turn off his cattle from my grain. I perceived that my eldest son had his face covered with blood and was running away pursued by Duffy. As soon as Duffy saw me he stopped and turned towards his house. I was going toward my house when I saw James Duffy with his two brothers John Duffy and Thomas Duffy running towards me and shouting. Being in fear of my life and perceiving John Wright with others standing in Mr. Thomas Wright’s fields I made towards them calling on them to protect me. I had picked up an iron hay fork which I believe Margaret Flinn had thrown to me. I jumped over a fence and told the two brothers James and Thomas Duffy who were pursuing me to stand back. XXXX  then making over the fence I ran on towards John Wright. They overtook me, here James Duffy seized hold of the fork I had in my hand and struck me with it on the left side of the head; the blow completely severed the skin, I was stunned and fell on my knees.  I was struck again and fell down. When down I was again struck on the head but cannot say by whom. Marg Flinn then came up and with the help of James Cullen , I believe,  took me into Mr. Thomas Wright’s house. I received three severe cuts on my head from which I bled profusely. I have since that time been confined to my house and under the care of Doctor Joseph Painchaud who examined my wounds.

Further deponent saith not and hath signed.

Sworn before me, at the City of Quebec, on the day and year first above written.

Signed: Jos Robitaille, J.P.

Signed: James Cowen

Transcribed by Audrey Henderson, November 2014

Transcribed by Audrey Henderson, November 2014

Quebec City Archives

Themis Database of Court Records

September 17, 1849

Piece #75055

Localisation #3B 023 04-06-003A-01

Contenant #1960-01-357\115

17 Sep 1849

Certificate of

Dr. Painchaud

Quebec 17th Sept 1849

I do certify that James Cowen has been severely wounded on the head, sometime  last week: I have been sent to see him, and dress his wounds on Thursday last, at Stoneham, which I did. He is now a little better …. (rest of report was cut off while being copied).

17 Sep 1849

Certificate of

Dr. Painchaud

Quebec 17th Sept 1849

I do certify that James Cowen has been severely wounded on the head, sometime  last week: I have been sent to see him, and dress his wounds on Thursday last, at Stoneham, which I did. He is now a little better …. (rest of report was cut off while being copied).

Transcribed by Audrey Henderson, November 2014

Quebec City Archives

Themis Database of Court Records

September 17, 1849

Piece #75053

Localization 3B 023 04-06-003A-01

Contenant #1960-01-357\115

Indicted

Dated 17th day of Sept 1849

DEPOSITION

OF

James Cullen

Versus

John Duffy

James Duffy

Wounding with intent to murder

For the Quarter Sessions

POLICE OFFICE

Province of Canada,

District of Quebec.

BEFORE ME, the undersigned, one of the Justices of our Sovereign Lady the Queen assigned to keep the Peace within the District of Quebec, this seventeenth day of September in the year of our Lord Christ, one thousand eight hundred and forty nine personally came and appeared James Cullen of the place called Stoneham, farmer.

Who being duly sworn upon the Holy Evangelists of Almighty God, doth declare, depose, and say, as follows: – to wit, on Sunday the ninth instant I was in Thomas Wright’s house at Stoneham when we perceived James Duffy and Thomas Duffy and John Duffy chasing James Cowan and his family in Mr. Cowan’s own field. I perceived that Mr. James Cowan was running toward Mr. Wright’s house pursued by James, John and Thomas Duffy. I went out of the home with Mr. Thomas Wright and I saw James Duffy strike James Cowan with an iron hay fork over the head. Cowan fell on his knees, then James Duffy jostled him down again and John Duffy lifted a wrightly (?) hand stick with a big lump at the end of it and struck him twice over the head when he was down. I came down to Mr. Cowan and lifted him up. His face was all covered with blood flowing from the cuts that were inflicted by the blows he had received from James and John Duffy and Mr. Wright brought him into his house.

Further deponent saith not and hath signed.

Sworn before me, at the City of Quebec, on the day and year first above written. 

Signed: Jos Robitaille

Signed: James Cullen