Crime and Punishment in Upper Canada. Janice Nickerson

she went into their room Mr G. would appear to be very pleasant to his wife, but witness saith that Mr G. did nights after he had got to bed scold his wife and threaten her, saying he could break her bones and he should be justified in so doing.” As a result of G’s “hard threats and tyran–nical behaviour to [his] wife,” as well as his refusal to support her any longer, and his further refusal to come before the church to answer charges on these matters, the Norwich church “withdrew [their] Christian hand of fellowship” from him.¹⁰

      The criminal justice process generally began with the vic–tim bringing attention to the crime by making a report.¹¹ This involved travelling to the nearest magistrate to file an “informa–tion”: a signed statement containing all of the information the person could provide concerning the offence. In the very early days, this might mean travelling one hundred miles or more [160 km]. As time progressed, magistrates were appointed throughout the districts, so that in theory, everyone had easy access (at least one within each township by the 1830s).

       Information of Carson Mosier, 11 January 1835, Criminal Case Files,Western District Court of General Quarter Sessions of the Peace, Archives of Ontario, RG 22-110.

      If the accusation involved a suspicious death or fire, the coro–ner would launch an investigation (assuming there was a coroner available, if there wasn’t the magistrate would perform his role).¹² The coroner had authority to summon and hear testimony from witnesses, call on medical personnel for their opinions, and gather whatever other evidence he required. He could then call a coro–ner’s jury¹³ to examine the evidence and make a verdict concern–ing the cause of death or the cause of the fire. Most of the evidence was gathered by examining witnesses and recording their state–ments, usually called affidavits or depositions. See (Chapter Six for a full discussion of the role of the coroner and the coroner’s jury.

       Inquisition on the body of William Henry Cooke, 13 May 1836, Coroner’s Records,Western District Court of General Quarter Sessions of the Peace, Archives of Ontario, RG 22-1826.

       Warrant of arrest for Charles Ragan on charge of larceny, 11 January 1835, Criminal Case Files, Western District Court of General Quarter Sessions of the Peace, Archives of Ontario, RG 22-110.

      If the crime did not involve a suspicious death or fire, respon–sibility for the investigation would fall on the local Justice of the Peace with the assistance of the sheriff and his constables. Professional police forces began to appear in the late 1830s.

      For relatively minor matters, the magistrate would issue a summons for the suspect to appear before him, or before the rel–evant court on a certain date. For more serious crimes, he would issue a warrant for the arrest of the suspect. The warrant would then be given to a constable with instructions to locate the sus–pect, place him or her under arrest, and deliver him or her to the district or county gaol.

      Making an arrest could sometimes be difficult, even haz–ardous. Constables had no special training, were unarmed, and often had to travel great distances in rotten weather to locate and apprehend a suspect. In the Newcastle District alone there were at least fifty incidents (likely many more that weren’t prose–cuted) in which constables or bailiffs were assaulted or threatened between 1813 and 1840.¹⁴

      When William Wadsworth, a Queenston consta–ble, threatened Barney Woolman with a prose–cution while a card game was going on in a local tavern, Woolman punched him in the mouth, loosening a tooth. “As you are going to take the Law of me,” he said, “I will give you something to take the Law for.” Woolman pleaded guilty to assault and battery and received a token fine of one shilling and costs.¹⁵

       Recognizance of Joseph Willcox, Bail Book of William Dummer Powell, unbound papers, 1803, Baldwin Room, Toronto Public Library, L16.

       Here you see the style of cause, “King vs. Joseph Willcox,” the charge “libel,” the name of the defendant, Joseph Willcox, the amount of his recognizance, “£200,” the names of his two sureties, Benjamin Davis and Joseph Sheppard, both of the Township of York, Husbandmen, and the amount of their recognizances, “£100” each. Finally, you see the conditions of the recognizance: the appearance of Joseph Willcox on the first day of the next term, being Hilary 48th Geo. 3rd (Hilary’s term is January to March, the 48th year of King George III’s reign, which was 1808), to the Court of King’s Bench at York and to attend every day until discharged by the court.

      However, despite the danger and low pay, it would appear that most constables carried out their orders very well, receiving praise from the magistrates. Frances Ann Thompson’s study of the Niagara District records revealed that there were very few complaints about the conduct of constables.¹⁶

      Most of the time, once a suspect was arrested he stayed in gaol until the next session of the court. Towards the end of the Upper Canada period it became more common for the accused to swear out a recognizance (along with two of his supporters), which would allow him to be released temporarily pending trial. If he didn’t appear, he and his sureties would owe the court the amount of the recognizance — usually a very large amount.

       Investigative Records

      Investigative records are generally filed under the name of the clerk who created and maintained the records (Clerk of the Peace, criminal Assize clerk, etc.) or the relevant level of court (Quarter Sessions, Assizes).

      Note: This inventory only contains records that begin before 1841. Many other records will be available for the post-1841 period. See Abbreviations Used for a list of repository abbreviations.

       Case Files or Filings

      Case files or filings contain a wide range of documents prepared in the course of the investigation and trial. They can include: recognizances, summonses, warrants, informations, examinations, indictments, police reports, exhibits such as maps or photographs, coroner’s records, and lists of evidence.

       Inventory

       Assize Records

      • AO RG 4-1, Boxes 6–7 Crown Prosecutions Case files, 1799–1843.

      • AO RG 22-138 Court of King’s Bench Criminal Assize Filings, 1792–1799, 1815–1819. These are all indexed in the ADD by defendant’s name, a total of twenty-seven cases, plus a file of recognizances for the Eastern District, 1798/1799.

      • TPL L16 William Dummer Powell papers, B85: bound book “Circuit Papers” 1788–1820. Includes miscella–neous papers relating to a wide range of cases, including affidavits, a coroner’s inquest and indictment, an infor–mation, a jury summons, and several petitions.

       Quarter Sessions Records

      • AO RG 22-14 Johnstown District (Brockville), Court of General Quarter Sessions of Peace case files, 1802–1846.

      • AO RG 22-32 Newcastle District (Cobourg) Court of General Quarter Sessions of the Peace filings, 1803–1848. There are no records for 1845 or 1847.

      • AO RG 22-96 York County (York/Toronto) Court of General Sessions of the Peace filings. There are only a smattering of documents for the years 1796–1799, 1828, 1832, and 1838.

      • AO RG 22-109 Western District (Windsor) Court of General Quarter Sessions