Part 10 (1/2)
Such were the effects of the trial upon the public mind that Mr.
Hincks, who was then member for Oxford, was six weeks afterwards gazetted as ”Inspector-General,” and he himself became a member of the Executive. The Chief returned from Toronto quite jubilant. He called his friends together, had a _symposium_ over the victory, impressed his few adherents with the idea that he would be yet victorious, and that he would still punish the leaders of the people who had emanc.i.p.ated them from his thraldom. He made preparations for building a stone grist mill, and in spite of all former warnings began to build it on the concession line adjoining his saw mill. It reached to the height of one storey when its further construction was stopped, as will be detailed in the succeeding chapter. In the fall of this year he caused fresh boards and planks to be nailed on the dam to prevent the water, which was very low, from going over in order again to prevent Mr. Paris from grinding any corn during the ensuing winter, and eventually drive him away altogether. During the whole winter Mr. Paris's mill was inoperative for the want of water. All remonstrances were in vain; McNab was inflexible.
Neither he nor Yuill would open a sluice. Mr. Paris suffered immense loss, and the settlers were put to incalculable inconvenience and expense. They were forced still to go to Pakenham with their grists.
CHAPTER XIX.
1843--TRIUMPH OF MR. PARIS--UTTER DISCOMFITURE OF THE CHIEF.
Driven almost to desperation, Mr. John Paris at length resolved to inst.i.tute legal proceedings for redress. To submit to this oppression was criminal. To apply to the courts for protection would entail enormous expense; but no alternative presented itself. Remonstrance had been used repeatedly and ineffectually. Every pacific effort had been tried in vain. The Chief was obdurate. A narration of the whole transaction, from first to last, had been prepared by the writer. Mr.
Paris went to Perth and applied to Mr. Radenhurst and some of the veteran pract.i.tioners, who advised unfavorably as to the commencement of legal proceedings. As a last resort he consulted Mr. W. O. Buell, then a new beginner. Mr. Buell took time to reply. He studied the case profoundly in all its bearings, and found it was practicable to obtain ample redress. Hitherto, actions had been brought for damages done by back water. None had ever been tried in our courts for withholding and purposely stopping the natural flow of water down stream. Mr. Buell reported favorably on all points, and advised immediate legal proceedings. The Laird's mill and part of his dam were erected on the concession line, thus blocking up Her Majesty's highway. This was a public nuisance. This was a salient point of attack. It was resolved to proceed criminally on this point, by indictment. _Actions on the case_ were also commenced against McNab and Wm. Yuill. At the Spring a.s.sizes in May, 1843, Mr. Paris, attended by Daniel McIntyre (Dancie), Mr. James Headrick, Sr., and a number of witnesses, having proceeded to Perth, laid the matter before the Grand Inquest of the Bathurst District. A Presentment was brought into court indicting the Chief for erecting nuisances on the public thoroughfare of the towns.h.i.+p. Mr. Thomas M.
Radenhurst was Crown Officer, and immediately prepared a formal Bill of Indictment. It was brought into court by the Grand Jury endorsed a ”True Bill.” The Chief, then in court, was immediately arrested, and being arraigned pleaded ”Not Guilty.” On motion of Mr. McMartin the trial was put off till the Autumn a.s.sizes, and the Chief admitted to bail. The civil suits were also on affidavit postponed by McNab.
To weary out, to cause useless expense, and still further to hara.s.s Mr.
Paris was now the object of the defendant. He imagined that Mr. Paris could not enter upon or keep up a protracted legal contest--that Mr.
Paris, being a new beginner, could not furnish or procure the necessary funds to resume proceedings in the fall. He was mistaken. The friends of the latter, among whom was the writer, advanced all that was required.
The Fall a.s.sizes came on at the appointed time. Mr. Robert Hervey, of Ottawa and Mr. Buell, together with the late Mr. T. M. Radenhurst, appeared for the prosecution. The nuisance case was first proceeded with. A verdict of ”Guilty” was p.r.o.nounced. The Chief was fined, the mill ordered to be removed, and the dam demolished. This was immediately done. The order of the court was at once carried out. The water in its downward rush nearly swept away the mills of Mr. Paris. The Chief's saw-mill was moved further down the stream, and was afterwards the property of Mr. William Lindsay, who purchased it and a large portion of the White Lake property from the late Allan McNab. The walls of the grist mill having never reached further than one storey, still remain in ruins on the concession line, near the spot where the saw-mill once stood, a monument of the Chief's folly and futile revenge. The traveller, unacquainted with the history of this transaction, is struck with the mournful aspect of the ruins so close to the bridge, and wonders what was the builder's intention. It is there a memorial of the past, and its ruins are a fitting memento of the downfall of attempted feudalism.