Transcribed by Audrey Henderson, June, 2014

Quebec City Archives

Themis Database of Court Records

July 18, 1906

Piece #194667-70

Localization 3C 020 02-04-003A-01

Contenant 1960-01-357\183

File: 194667, No. 266

Dated 18th day of July 1906

DEPOSITION

OF

John Hornby

VERSUS

Patrick Cassin

FOR

COMMON ASSAULT

SUMMARY CONVICTIONS.

CRIMINAL CODE 1892, Sect. 265 & 864

Trial fixed for the 26th day of July at 10 o’clock AM

Mr. Cannon for Pros.

Mr. F. Murphy for Def.

Continued to the 16th Aug/06

Continued to 23rd Aug/06

Continued to 27th Aug/06

High Constable

_____________________________________________________________

Canada,

Province of Quebec,

District of Quebec,

City of Quebec

OFFICE OF THE PEACE

BEFORE ME the undersigned District Magistrate in and for the District of Quebec this eighteenth day of July in the year one thousand nine hundred and six personally came and appeared John Hornby of the parish of Valcartier who being duly sworn, doth declare, depose and say, as follows, to wit:

That on this eighteenth day of July instant in the parish of Valcartier in the District of Quebec, he was unlawfully struck, beaten and otherwise illtreated by one Patrick Cassin of the same place, farmer, without provocation or cause, and against the form of the Criminal Code 1892, in such case made and provided.

Wherefore, this Deponent prays for a summary trial of the present complaint, in conformity to the provisions of the said Statute. Further the said Deponent saith not and hath signed.

Sworn before me, at the City of Quebec, this eighteenth day of July 1906.

Signed C. Panet Angers

Also signed: John Hornby

File: 194669, 226

Dated the 19th day of July 1906

RECOGNIZANCE

of Patrick Cassin

FOR A SUMMARY TRIAL

I do hereby certify that the said (Patrick Cassin) has not appeared at the time and place, in the within condition mentioned, but therein has made default by reason whereof the within written recognizance is forfeited.__________J.P.

_______________________________________________________________________

Canada,

Province of Quebec,

District of Quebec,

CITY OF QUEBEC

BE IT REMEMBERED, that on this nineteenth day of July, in the year of our Lord one thousand nine hundred and six,

Patrick Cassin, farmer

William Moore, engineer

James Connolly, caster

All three of the said City of Quebec, personally came before the undersigned, one of Her Majesty’s Justices of the Peace in and for the District of Quebec, and severally acknowledged themselves to owe to Our Lady the Queen, the several sums following, to wit : the said Patrick Cassin the sum of forty dollars currency, each, to be respectively mad and levied of their several goods and chattels, lands and tenements, to the us of Our said Lady the Queen, her Heirs and Successors, if the said Patrick Cassin fail in performing the condition herein underwritten:

THE CONDITION of this recognizance is such, that if the above named Patrick Cassin shall personally be and appear at the Court House, in the said City of Quebec, in and for the said District of Quebec, on the twenty sixth day of July constant at ten o’clock  (A)M., to answer the charge of assault matters preferred against him by John Hornby and in the meantime shall keep the peace and be of good behavior towards our said Lady the Queen, and all and every the liege people of Our said Lady the Queen, and more especially towards the said, then, that the present Recognizance shall be null and void, but otherwise shall be and remain in full force, virtue and effect.

Taken and acknowledged before me, the said Justice of the Peace aforesaid, at the said City of Quebec, on the day and year first above mentioned.

Signed: XXXX Brunet, J.P.

Also signed: Patrick Cassin, Wm. Moore, James Connolly

TRIAL

The 27th day of August 1906

Present : C. Panet Angers, Esq. DM

The Defendant appears and Pleads not guilty

Case heard

En delibere Judgement : 13 Sept 1906

Deux piastres XXXX et les frais ou 1 mois.

COSTS.

Deposition and Warrant…………..$ 1.10

Arrest…………………………………….$ 4.35

Commitment before trial…………………

Attendance, & c………………………$ 1.00

Attorney’s fee………………………….$ 8.00

Subp     Copies 10 cts each………$   .70

Service…………………………………..

Swearing 7 Wits. 10 cts each……$  .70

Allowed Witnesses…………………..$ 5.00

Bill…………………………………………$   .20

Tax…………………………………… .. $   .50

                                              $ 20.85

Penalty or fine…………………………$ 2.00

                             Total…………$ 22.85

Moins frais du XXXX 23/7/06  …..$  4.50

                                               $ 18.35

Paye 19/9/06

AT

Compt.         4                          $ 2.00 DN.

Dr. Turcot     2.00                      Def.  .70

Mr. Hornby                                Mr. Cassin  1.50, 2 fois

Miss Hornby  1.50                      Mrs. Cassin 1.50   3.00

__ Hornby         1.50                  Mrs. Quinn 1.50    3.00

                     $ 4.00                                            3.00    3.00

                                                                                           6.00

File: 194670

File: 194668, No. 266

Dated 13th day of Sept. 1906

In the case of

John Hornby

Vs

Patrick Cassin

For

Assault and Battery

CONVICTION

Criminal Code 1892, Sect. 264 & 864 

OFFICE OF THE PEACE

Canada,

Province of Quebec,

District of Quebec.

CITY OF QUEBEC

BE IT REMEMBERED, that on the thirteenth day of September in the year of Our Lord, one thousand nine hundred and six at the said City of Quebec, in the said District

Patrick Cassin of the Parish of Valcartier

is convicted before the undersigned District Magistrate for that he the said Defendant on the eighteenth day of July last at the Parish of Valcartier did assault and beat one John Hornby of the same place.

Without any cause or provocation and against the form of the Criminal Code, 1892. AND I adjudge the said Defendant for his said offence to forfeit and pay the sum of two dollars currency, to be paid and applied according to law, and also to pay to the said John Hornby the sum of twenty dollars and eighty five cents currency, for his costs, in this behalf; and if the said several sums be not paid forthwith, I adjudge the said Defendant to be imprisoned in the Common Gaol, at the said City of Quebec, in the said District, and there kept at hard labor for the space of one month unless the said several sums and all costs and charges of the commitment and conveying of the said defendant to the said Common Gaol shall be sooner paid.

GIVEN under my Hand and Seal, the day and year first above mentioned, at the said City of Quebec, in the District aforesaid.

Signed: C. Panet Angers, DM.

______________________________________________________________________________