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LA VOIX DU PASSÉBULLETIN D’HISTOIRE, DE GÉNÉALOGIE ET DE FOLKLORE

DE L'ASSOCIATION «HISTOIRE DE CHEZ NOUS» INC.

VOLUME 9, NUMÉRO 1 JUILLET – AOÛT -SEPTEMBRE 2007

À L ' I N T É R I E U R …

2Avant de commencer …De nos membres …

4 Une histoire de meurtre à Bas-Néguac : l’affaire Millett Stewart(dossier documentaire)

44 Historique du cadastre du Village de Neguac et des régions – Vol. 1,2007 (Rivière-des-Caches)

Pierre tombale de James «Yankee» Rosset de son épouse Eliza Galliah – cimetière Riverside

Pierre tombale de Millet Stewart et de sapremière épouse Bessie Jane Johnston –cimetière Riverside, Tabusintac, N.-B.

ALLAINVILLE BAS-NÉGUAC CANTON-DES-ROBICHAUD CHEMIN DES BREAU CHEMIN DES CAISSIECHEMIN DES DRISDELLE CHEMIN DES GRATTAN CHEMIN DES STYMIESTCOMEAU SETTLEMENT

COVEDELL FAIR-ISLE LAGACÉVILLELAVILLETTE NÉGUAC RIVIÈRE-DES CACHES ST-WILFRED VILLAGE SAINT-LAURENT

NOTRE PATRIMOINE … NOTRE BULLETIN

Corrections : Vol. 8, no 4 - avril 2007

page 7 : Otho Allain et Lucie Rousselle se sont mariés le 9 octobre 1971. En 2006, il s’agissait de leur 35e anniversaire etnon de leur 40e.

page 6 : à ajouter : François Savoie et Rose-May Gautreau, mariés le 22 mai 1965, donc leur 40e anniversaire en 2005.

Bonjour Rita,Je viens de feuilleter le dernier numéro. Quel beau souvenir! Je le lirai plus tard et je le garderai précieusement avec

tous les autres déjà reçus. Bravo à toute l’équipe! Anita.

Chère Mme Rita,C’est tellement plaisant de recevoir le bulletin La Voix du Passé; à peine lu que j’ai hâte de recevoir le prochain. Je vais

rester membre à vie. Je suis reconnaissante de votre bon travail. Que le Bon Dieu soit toujours avec toi. Rosemonde, Emile &Yvon.

Chère Rita,Je veux renouveler mon abonnement à l’Histoire de Chez Nous. J’espère que tout va bien avec toi. Keep up the good

work. Merci. Pauline LeClerc.

Mme Rita,Vous faites tellement un beau travail. Bravo! Toujours hâte de recevoir le prochain numéro. Merci encore et continuez

votre beau travail. Georgina

Félicitations Rita et toute l’équipe.Vous faites un travail formidable et je vous remercie. C’est des choses vraiment intéressantes. Ça prend beaucoup de tête

pour tout trouver ce que vous écrivez dans ces livres. Merci et je demande que vous le fassiez encore longtemps. Albert Basque,Fairisle. Merci encore.

Bonjour, les amis et amies de Chez Nous,Voilà une autre belle surprise dans notre numéro reçu quelques jours passés : La Célébration de l’Amour. Ah! Cela est la

«cerise du gâteau» car nous avons vu plusieurs de nos ami(e)s qui se sont marié(e)s avant et après nous. Quel plaisir de voir celaet surtout une photo de l’église de chez nous.

Vous tous et toutes savez faire plaisir à nous les pauvres éloignés de chez nous. Hereux sommes-nous de vous avoir.Merci! Merci! beaucoup Rita, Kenneth & autres. Léola Breau-Laplante.

Félicitations à toute l’équipe!Quel beau retour aux sources! Edouard & Lorraine Savoie.

Bonjour Rita,Vous êtes encore bien capable. Félicitations de ma part. Tu peux voir que je vieillis. Je ne me rappelle pas de cette lettre-

là du tout. C’était beaucoup plus intéressant pour moi. Of course, chez Jaddus, j’ai tellement été ramasser des bleuets avecYvonne. Les souvenirs de «Billy», sa dernière soirée, il était chez nous avec moi; et il m’écrivait toujours. Aurore.

Mme Rita,J’aime beaucoup vos livres; merci beaucoup pour les beaux souvenirs. Delcia A.

Ma chère Rita,Merci pour ton beau travail et j’espère que ça va continuer. Amitié! Yvonne.

À toute votre équipe,Quelle belle et bonne pensée de votre part de partir un tel beau projet. Ça prend une équipe telle que la vôtre pour commencer etcontinuer un si beau travail. Félicitations! Vous êtes beaucoup appréciés. Adolphe & Lucienne Williams.

DE NOS MEMBRES …

AVANT DE COMMENCER …

La Voix du Passé 3

Bonjour à tous,Vous faites toujours un travail formidable. Félicitations à tous et à chacun. C’est grandement apprécié. Jeannette Joly

Bonjour Rita,Merci de continuer votre travail indescriptible pour une autre année! Amitiés, Lynn.

Bonjour,Les numéros de la Voix du Passé sont toujours très intéressants. Continuez votre beau travail! Carmelle Comeau.

Bonjour Rita,Félicitations, beau travail, très intéressant. Georges.

Félicitations! C.S

Rita,Félicitations à toi et à toute l’équipe pour ce magnifique travail! Merci de nous faire tant de souvenirs et aussi d’en

apprendre davantage sur notre patrimoine. Merci surtout pour le «grand reportage». Louisa (à Octave) McCallum.

Merci pour votre beau travail et votre dévouement. ¨Ça fait chaud au cœur de lire des histoires des années passées. Ça faitplusieurs années que je suis parti de Néguac mais mon cœur est toujours là, et j’apprécie le beau travail que vous faites. Jesouhaite une longue vie à toute l’équipe et continuez votre beau travail. Bonne chance à vous tous, Léo Williams, Sudbury, Ont.

Merci de votre beau travail qui me nourrit de mes sources et de notre passé. André à Wilfred à Léon à Amateur à Bonaventure àJoseph.

Bonjour,Je tenais de prendre le temps de vous écrire pour vous remercier chaleureusement pour l’excellent travail de recherche

sur les membres de la famille Martin de Néguac, descendants d’Anselme et de Marie Arsenault. Un merci tout spécial à MadameAurore Martin qui a fourni les précieux détails de la vie de nos ancêtres ainsi que les superbes photos d’époque.Tel que mentionnédans votre article, Tilmon et Valérie Savoie, fille de Louis (à Marin) et de Louise Haché (de la lignée de Bonaventure Savoie), onteu 13 enfants dont seulement 6 sont encore vivants : Yvonne, Géraldine, Alice, François Angela et Patricia.

Voici quelques ajouts/ modifications pour vos archives : 1) Alice est l’épouse de Michel Dessureault 2) Patricia est néele 5 mai 1951 (baptisée le 6). 3) Edgar est décédé à Rivière-des-Prairies, Montréal, le 31 octobre 1964. 4) Thérèse est décédée àBathurst, N.-B., le 21 octobre 2000. 5) Tilmon est décédé à Rivière-des-Prairies(Montréal), le 7 mai 1981, à l’âge de 81 ans. 6)Valérie qui a eu 92 ans ce mois-ci (juin), demeure avec moi, à Mont-Saint-Hilaire, Québec depuis mai 2005 (après 52 ans àMontréal, quartier Rivière-des-Prairies).

Puis-je encore une fois vous remercier et vous féliciter pour cette superbe initiative de faire revivre nos ancêtres à traversvos articles inestimables et vos précieuses photos. C’est toujours avec plaisir que je vous lis depuis les débuts de cettemerveilleuse aventure. Patricia Martin, Mont-Saint-Hilaire, QC

Beau travail! Bravo! Bernadette Rousselle

Bonjour Rita et un gros merci! Wilfred Breau.

Merci encore une fois pour le magnifique travail. Wilfred Savoie.

Un gros merci à toute l’équipe pour votre énorme travail; je l’apprécie beaucoup. Je vous félicite encore une fois. ThérèseWilliams.

J’adore recevoir ce journal si intéressant. Gisèle Robichaud

J’aime toujours lire ton journal; continuez de faire du beau travail. Merci. Raymond St-Cœur

ASSOCIATION HISTOIRE DE CHEZ NOUS INC53 CHEMIN HONORÉ, ROBICHAUD SETTLEMENT, N.-B. E9G 3A8

(506) 776-3747 (Bureau / Trésorière) ou (506) 758-0814 (Président / Rédacteur)Télécopieur : (506) 776-8755 Courriel : [email protected] / Site Internet : http://ahcn.ca

La Voix du Passé 4

(Documentation receuillie de diverses sources et préparée en collaboration avec Leo Ross, Tabusintac, N.-B.)

En 1921 la communauté de Bas-Néguac fut bouleversée par un evénement qui est demeurée gravé dans la mémoirecollective. Millett Stewart, un homme d’affaires bien connu dans la région de Northumberland, est accusée du meurtre de James«Yankee » Ross. Ce dernier s’était porté acquéreur par vente à l’encan d’une propriété ayant appartenue à Nicolas Latulippe. Lanouvelle se répandit aussitôt à travers la région et fit la manchette des journaux de l’époque.

Millett Stewart sera condamné après procès à 15 ans de pénitencier à Dorchester. Il ne purgera pas plus que treize mois desa peine avant d’être libéré après quoi il s’installe à nouveau à Bas-Néguac.

À l’automne de 1929 Millett Stewart se retrouve à nouveau dans l’eau chaude. Il est accusé d’avoir tirer sur du bétail quis’était retrouvé sur sa propriété. Il est à nouveau traduit en justice et va se retrouver à nouveau derrière les barreaux.

Dans ce numéro de la Voix du Passé nous vous présentons une série de documents que nous avons recueillies à partir deplusieurs sources :

- Dossier de presse, journal Moncton Daily Times.- Dossier de presse, journal North Shore Leader.- Texte (plaidoyer) de Millett Stewart.- Poème de Millet S. Stewart.- Poème tiré du livre «Cloud, Tempest, Sunshine» de Marion Underhill, fille de Millett S. Stewart.- Données généalogiques sur la famille Ross et Stewart.- Photos des collections Antoine-Savoie et Leo-Ross.

Dans un prochain numéro nous vous présenterons la transcription de quelques entrevues et plusieurs autres détails pertinents à cesujet. Nous serons certainement interessés à recevoir des commentaires, documents ou tout autre information. Bonne lecture.

La rédaction

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Moncton Times, le 4 août 1921

MILLET S. STEWART ARRESTED AT NEGUACIN CONNECTION WITH DEATH OF JAMES ROSS

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Sensational Evidence Given at the Coroner’s Inquest by Miss Torrie Latulippe, an Employee in the Stewart Household._______________

Stewart Taken to the County Jail in Newcastle and Will Appear Today Before Magistrate Lawlor for PreliminaryExamination - Miss Tulippe Swears that Stewart, Armed with a Rifle, Got Out of the Wagon Near the Scene of the

Tragedy and, After She Heard Two Shots, the Accused Returned to the Carriage, Saying that He Had Got Him._______________

Chatham, Aug. 4 - (Moncton Times) - Millet S. Stewart, a pulpwood dealer of Neguac, was arrested at Lower Neguac,about five o’clock this evening in connection with the death of James Ross, of Tabusintac, who was found dead with a bulletwound in his body on the roadside at Neguac early Wednesday morning.

Sheriff W. F. Cassidy and Chief of Police Peter Coughlan, of Chatham, who made the arrest, were acting on evidencegiven at the inquest to the effect that Stewart had made threats against Ross and that he had been seen near the place of the tragedyshortly before the shots were heard.

Stewart was taken to the county jail at Newcastle, where he will appear before Magistrate J. R . Lawlor, of Newcastle,tomorrow morning for preliminary examination. The police are acting also on the information to the effect that Stewart had beenseen with a rifle about the supposed time of Ross’s death and also that Stewart had interviewed several people with a view tohaving them accompany him on a trip to make trouble for Ross.

The inquest into Ross’s death had not been concluded this evening. It is being conducted at the post office at Neguac1 byCoroner Benson of Chatham. Dr. W. S. Loggie, of Chatham, made the post mortem on Ross’s body.

Miss Torrie Tulippe, an employee in the Stewart household, testified at the coroner’s inquest that on Tuseday eveningStewart had told her to drive him to the house at Lower Neguac of which Ross had just taken possession. Stewart had a rifle, shesaid, and on the way down they picked up two brothers of Miss Tulippe and a man named Savoy. Before they arrived at the placethe two Tulippe men, less the wagon and the other three occupants drove on. When nearing the house Stewart left the wagon and

1 Bibliothèque et Archives Canada/ArchiviaNet : Il s’agit plutôt du Bureau de poste à Bas-Néguac. Le mâitre de poste était JeanJoseph LeBlanc [Joe White]. Il fut en poste du 16 mai 1909 au 16 août 1932. Millett S. Stewart avait été lui-même maître de postede 1903 jusqu’à sa démission le 27 septembre 1909.

UNE HISTOIRE DE MEURTRE À BAS-NÉGUAC – L’AFFAIRE MILLETT STEWART

La Voix du Passé 5

the woman and Savoy continued driving on past the house. When about fifty yards by the house, Miss Tulippe said she heard twoshots and that later Stewart returned to the wagon, throwing the rifle in and saying that he had got him. The inquest will becontinued tomorrow when it is expected the two Tulippe men and Savoy will be called as witnesses.

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The North Shore Leader, le 5 août 1921

JAMES ROSS SHOT DEAD AT NEGUAC_______________

Was Found Dead Near House Which he had Purchased at Auction – Inquest Being Held

The people of Alnwick were shocked on Wednesday morning when the news was spread that Mr. James Ross ofTabusintac had been found dead on the roadside at Neguac with a wound in the neck.

Mr. Ross Tuesday bought and took possession of a property atNeguac recently sold at auction for recovery of a mortgage due Mr. White, aneighbor. The occupant, Nicholas Latulip, lost in a civil case against Whiteand to pay $600 had to give a mortgage on his property. As no paymentswere made, the mortgage was foreclosed and the property sold at auction.

Mr. Ross, with Constables Adam Dickison and Peter Coughlan ofChatham of Chatham, and Mr. White, went to the premises, and the Latulipswere evicted with little friction. Ross agreed to let the man have his potatoesand garden, all but the oats. The others went away and Ross was to stay thenight in the house alone.

It is suspected that some one who had a grudge against Mr. Rosstook this opportunity of shooting him, thinking that the friction between Mr.Ross and the tenant would overshadow the guilty person.

It is reported that three shots were heard; a revolver with one emptychamber was found near the dead man.

At midnight the Chathamchief of police was called bytelephone and told that Ross hadbeen found shot just outside thehouse. Deceased was about fiftyyears of age, and leaves a wife andseveral children.

Wednesday morningSheriff Cassidy, Coroner Bensonand Dr. Loggie went to the scene ofthe tragedy. Dr Loggie held a post-mortem examination and found thatthe wound was not self-inflicted.The remains after being viewed bythe coroner and jury were

forwarded to his home in Tabusintac for burial.Coroner Benson is holding an inquest in the post office at Neguac.

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MILLETT STEWART STRONGLY PROTESTS HIS INNOCENCE_______________

Preliminary Hearing Not Likely to Be Held for a Few Days - Accused Well Known in Northumberland._______________

Newcastle, Aug. 5 - (Moncton Times) - The preliminary hearing of Millet Stewart, charged with the murder of JamesRoss at Neguac will not take place for a few days yet. When seen by your representative this morning, Police Magistrate Lawlorsaid no information had been laid before him and until he was remanded for hearing by the magistrate who issued a warrant hewould be unable to proceed.

de g. à d. : Louis Martin, Millett S. StewartCollection Antoine-Savoie

La Voix du Passé 6

Stewart is now in Newcastle jail and is in a very nervous condition. He was visited by his physician, Dr. John E. Park, thismorning.

Stewart is one of the best known residents of the county and is a successful fisherman. He owns a large lobster factory atNeguac. He is a justice of the peace2 and during the late war was very active in prosecuting under the military service act. He is amarried man about forty-five years of age, and has four children. He was a visitor to Newcastle on the day of the tragedy, and hasbeen drinking heavily of late.

In jail he strongly protests his innocence.

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FUNERAL OF ROSS LARGEST EVER SEEN INNEGUAC_______________

Witnesses at Inquest Tell of Stewart’s Threat to Murder Ross_______________

Chatham, Aug. 6 - (Moncton Times) - The arrest of Millett Stewart, of Neguac,in connection with the tragic death of James Ross, who was found lying near a housefrom which he had assisted in evicting a family during the day, was precipitated, it wasrevealed today, by his drunkeness.

When Stewart was called as a witness to appear before Coroner M. S. Benson atthe inquest at Neguac he was so drunk that he could not take the stand, it was said today,and he had been in that state practically ever since the tragedy occurred. He had also, it issaid, been drinking heavily for some time before the eviction and subsequent killing.

Direct evidence that Stewart had threatened that he would kill Ross and that hehad invited others to go down to the farm house with him on the night of the tragedy wasgiven by witnesses when the inquest was continued yesterday afternoon after the funeralof James Ross, the victim. Ten witnesses have been called so far and there are five or sixmore to be heard while Stewart may also be called again now that he has had time tosober up at the Northumberland County jail at Newcastle.

The funeral of the late James Ross yesterday, was the largest ever seen inNeguac, more tham 125 automobiles and teams following the remains to the cemeterywhere interment was made.

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The North Shore Leader, le 12 août 1921

INQUEST IN ROSS CASE POSTPONED_______________

Millet Stewart Held as Important Witness – Protests His Innocence

The inquest in the Ross murder case at Neguac was postponed on Monday forone week, owing to Coroner Benson being taken ill while on duty.

As the result of the evidence given at the first day’s session of the inquest, MilletS. Stewart, a prominent resident of Neguac, was placed under arrest, and is now in theCounty jail at Newcastle, awaiting the finding of the Coroner’ s jury. The evidence

brought out the fact that a pronounced spirit of rivalry had existed for a long time between Stewart and Ross, and the former wasgreatly perturbed over the purchase of the LaTulip farm by Ross.

Mis Torrie LaTulip, an employee in the Stewart household, swore at the coroner’s inquest that on Tuesday eveningStewart had told her to drive him to the house at Lower Neguac of which Ross had just taken possession. Stewart had a rifle, shesaid, and on the way down they picked up the two brothers of Miss LaTulip and a man named Savoy. Before they arrived at theplace the two LaTulip men left the wagon and the other three occupants drove on. When nearing the house Stewart left the wagonand the woman and Savoy continued driving on past the house. When fifty yards beyon the house Miss LaTulip sadi she heard twoshots and that later Stewart returned to the wagon throwing the rifle in and saying that he “got him”.

2 Millett Stewart - 5 septembre 1916 : Government Records, RS 581, Justice of the Peace Appointment Register.

James »Yankee » RossCollection Leo-Ross

La Voix du Passé 7

Stewart is being held a prisoner as an important witness, but is not as yet charged with the murder. He strongly protestshis innocence and is reported to be in a very nervous condition. It is probable that Stewart will be taken to Neguac when theinquest is resumed.

The jury empanelled for the inquest is as follows: John Stymiest, foreman, Donald Gay, John Gillis, Augustin Robichaud,John Grattan, Robert Buchanan and Walter McKnight.

Stewart is one of the best known residents of this country. He owns a large lobster factory at Neguac. He is a justice of thepeace and during the late war was very active in prosecuting under the military service act. He is a married man about forty-fiveyears of age, and has four children.

James Ross, the victim of the tragedy is also well known in this district. He was about fifty years of age and leaves a wifeand nine children. The funeral was held Frdiday afternoon and an exceptionally large number of people were in attendance.

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TWO WITNESSES EXAMINED AT NEGUAC INQUEST_______________

Inquiry, Which was Originally Adjourned on Account of Illness of Coroner, Will Be Continued Today._______________

Newcastle, Aug. 15 - (Moncton Times) - The inquest in connection with the death of James Ross, of Tabusintac, whowas found dead with a bullet wound in his body by the roadside at Neguac, on August 3, was continued this afternoon at Neguacbefore Coroner Benson, of Chatham. Only two witnesses were examined and the inquest was adjourned till tomorrow morning.The withnesses were J. Tulippe, who carried the body to the house on the day it was discovered and M. White.

Millet S. Stewart is under arrest awaiting trial in Newcastle jail, in connection with the murder of Ross. The inquest waspostponed originally because of the illness of the coroner.

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ROSS INQUEST WAS RESUMED YESTERDAY A.M._______________

Four Witnesses Examined, but Nothing New Was Brought Out - May Drag Along for Several Days More_______________

Newcastle, Aug. 16 - (Moncton Times) - The Ross inquest was resumed this morning at 9 o’clock before Coroner Bensonand continued through the day. Four witnesses were examined, evidence being given by Matt. Tulippe, John Savoy, VictoriaTulippe and Mrs. Tom Savoy.

Nothing new was brought out today, the evidence submitted corroborating the story first told.Four or five more witnesses are yet to be heard and the inquest may drag along for several days. Stewart, the man held in

connection with the death of Ross, has not been brought down to give evidence at the inquest but may be brought down later.

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SENSATIONAL DEVELOPMENTS IN CONNECTION WITH THE NEGUACSHOOTING TRAGEDY

_______________

Millett Stewart Emphatically Denies that He Carried a Weapon or Fired the Shots that Killed James Ross._______________

At the Close of Wednesday’s Sitting of the Coroner’s Court, Fred Tulippe, Joseph Tulippe, John Savoy and VictoriaTulippe Were Taken Into Custody and Taken to Newcastle Jail - Stewart Admitted that he Was at the House Where Ross

Was Staying on the Night of the Shooting - Inquest Probably Finished Today._______________

La Voix du Passé 8

Newcastle, N. B. - Aug. 17 - (Moncton Times) - Emphatic denial by Millett Stewart that he fired the shots that killedJames Ross at Negauc recently, and the arrest of four other persons, were the sensational developments today in connection withthe Neguac tragedy.

At the resumption of the inquest before Coroner Benson at Neguac at 9 o’clock this morning, Millett Stewart, who washeld as a prisoner in Newcastle jail in connection with the shooting of James Ross, was examined. Stewart admitted that he went tothe house where Ross was staying on the night of the shooting. He said he went there in company with the Tulippes, but he did nothave a weapon in his possession. He positively denied having fired the shot which killed James Ross.

Stewart swore that he heard three shots fired, but none of them were fired by him.At the close of the day’s sitting of the coroner’s court, Fred Tulippe, Joseph Tulippe, John Savoy and Victoria Tulippe

were arrested in connection with the shooting of Ross. The prisoners were brought to Newcastle and lodged in the county jail.They were in charge of Sheriff Cassidy, Chase Copeland, Chatham, and Officer Adam Dickison.

The arrest of the Tulippes and John Savoy has given a new turn to the Neguac tragedy and has created quite a sensation. Itis expected that the inquest will be concluded tomorrow.

Several more witnesses are to be examined.

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PRELIMINARY HEARING OF MILLETT STEWART WAS OPENED INNEWCASTLE YESTERDAY

_______________

Before Justice Lawlor - Mr. Geo. McDade for Defence and Mr. Davidson for Prosecution - Large Crowd of SpectatorsPresent - Wife of Deceased in Court in Morning - Wife and Daughter of Accused at Both Sessions.

_______________

Newcastle, N. B., Aug. 24 - (Moncton Times) - The preliminary hearing of Millett Stewart in the death of James Ross atNeguac came up this morning before His Honour Justice Lawlor. Mr George McDade, of Chatham, appeared for defence and Mr.Davidson for the prosecution. The hearing was held in the court house being larger and more convenient. A large number ofspectators filled the gallery and seats outside the rail.

Millett Stewart was called and the charge read.

Dr. W. S. Loggie

First witness Dr. W. S. Loggie, of Chatham, called and sworn. He said in part: I am a graduate of McGill College. Have alicense under N. B. law. Have been practising 15 years. Have had practice with wounded men during the war in Canada andEngland.

I heard the charge against Millett Stewart. I was telephoned to by Sheriff Cassidy on 3rd August to go down North Shore,accompanied by Coroner M. S. Benson, to view the body of a dead man. I did not know who the deceased was at that time.

I think I did not know James Ross; if I had seen him it was casual. I got Mr. Benson and we went down leaving on the 11o’clock ferry in morning of Wednesday, Aug. 3rd. The Sheriff called me between 10 and 11. The Coroner had charge of the partyand was to take me to the required place. We went to Lower Neguac in the County of Northumberland to the Nicholas Tulippeplace on the Breau Road. That road leads towards the bay from the Newcastle and Tabusintac highway. This Nicholas Tulippehouse is on left side of Breau Road as you go towards the water. On arrival at Tulippe place I saw a crowd of men and vehicles.There were no officers present at that moment. I recognized some of the people present. In a minute or two I was asked byCoroner to come view a body which I did and found a body of man whom I was afterward told was James Ross.

(Mr. McDade objected to this answer and was upheld.)I was not told while I was examining the body who it was, but later.Questioned by Mr. Davidson, “who told you what the name of the man was whose body you were examining?”.

Objected to by Mr. McDade but allowed by His Honor Mr. Lawlor.“Did Chief Coughlan tell you?”. “I do not think it was”. “I do not remember who told me”.“Did not recognize the body as that of any person I had known. On that occasion I did not examine the body of any other

man did not see the body of any other dead man that day. When I first saw the body it was lying at the gate entrance of the Tulippeplace on the river side of the gate. The gate was large enough to let a team through. It gave access towards the Latulippe Housethrough the roadside fence of the Latulippe place. The gate way was slightly recessed in connection with the line of fence (a sketchwas made to show) about 15 feet. I found the body outside the gate in the recess between the gate and the road near the recessedfence closest to the bay. I found the body to be a man slightly over middle age, a large man probably 5 feet 11, or 6 feet high,probably weight 190 pounds. Well nourished, hair greying from dark. The body was lying close to the fence on its back, feettowards the road, head towards the gate, knees bent, arms spread aside, face upwards, head slightly turned to his right. He wasdead, had been dead probably 12 hours or more. Inspection revealed two wounds on the neck. A lot of blood covered the area of

La Voix du Passé 9

the wound on the right side, had soaked into the surrounding clothing and covered the ground behind the head and neck and wasmatted into the hair. No other wounds or signs of violence were seen on the deceased. I asked the Coroner to have the bodyremoved to some place where I could make a more thorough examination.

This was done and I made a second examination. The body was taken to a house which I was told was the house of Whiteor LeBlanc, do not know christian name. I made my first examination about 1 o’clock or in that neighbourhood. The Coronerlooked after the moving of the body and Sheriff Cassidy was there. The body was placed in a room; I then had a lunch after whichI went on with the examination. Most of time during examination I was alone. There was no person in the room whom I can callby name. I resumed the examination about 2 o’clock, I found that these two wounds in the neck connected through and through.The blood vessels on right side of neck had been torn open and the body of one of the neck vertabrae had been broken into severalpieces and that there was a large quantity of blood in the wound on the left side. The immediate surrounding tissues were torn andinfilterated with blood. I found no other marks of violence on the body. These two holes connected and might be called onewound. The wound on the right side of neck was where I found most of the blood as I have described. The wound on right wasbelow the jaw about three inches long running diagonally upwards and forwards from about an inch below the angle of the jaw andabout an inch back of the jaw. It was a rough torn wound. On the left side the wound was just above the level of the shoulder andalmost in the same line. It was about half to three quarters of an inch with the edges turned out and clean. These two woundsconnected through and through. I think it was a through and through wound made by a missile of high velocity which entered fromthe left side and had its exit on the right side. I could not give any opinion of how he was standing when he was hit. I think the manwas alive when this injury was received. Such a wound would necessarily cause death. Death would be instantaneous. If a manwere standing up when he recieved such a wound he would collapse and fall to the ground and his legs would crumple under him.He could fall into the position in which he I found the body. The knees being drawn up might indicate such a fall.

Mr. Davidson - With the wound as you described it, could he have been shot from the left?Answer - Yes, I think according to his position the missile entered from his left. His left side as I found him was towards

the water but the missile did not necessarily come from that side. The left side of the neck must have been towards the directionthe missile came. The body could spin around after being hit. The position of the body as I found it does not necessarily show fromwhat direction the missile came. The facts of the position of the body and the course of the missile do not indicate moreconclusively one direction than the other.

Adjourned for luncheon.

Afternoon Session

The hearing of Millett S. Stewart was continued this afternoon. Examination of Dr. W. S. Loggie resumed by Mr.Davidson.

In answer to question Dr. Loggie said the fence near which the body was lying is a board fence three rows laidhorizontally. I noticed a hole in one of these boards as if it had been made by a bullet or a missile, as if it might have been made bya rifle bullet. It was in the middle board about 20 inches from the ground surface. This hole was at the left side of the body. Iwould say the hole was through the board towards the bay.

Question by Mr. Davidson is there anything from the facts you have already given the court as to the then position of thebody and the nature and course of the wound or any other facts which in your knowledge demonstrate that the missile which madethe wound might not have had the same direction as the missile which made the hole in the board or fence?

Answer - No the missiles might have had the same general direction. If the deceased had been turned or looking aroundtowards the Tulippe house when he received this wound he might have fallen in the position in which I found him. I saw stains onthe fence, I would say they were blood stains. The stains on the fence were immediately above the lower part of his body he waslying almost parallel with the fence. Stains were on two bottom boards of fence. I think the splash from the middle board haddripped to the bottom boards. Closed examination.

Cross-Examination by Mr. McDade, Counsel for Defence

The Breau road leads from Tabusintac to the water. The Tulippe property is near the water on left hand side. The roadturns to the right at the water margin at the Tulippe farm. The road runs about 100 yards or more from the gate of Tulippeproperty to the bay. The body was found about 100 or 125 feet westerly from the Tulippe house. The head lay towards the house ascompared with the road.

Mr. McDade - If the body of the deceased at the time he was struck, was in the same position as when you found it, wouldit follow as a matter of necessity that the missile came from the bay or house side of the propety?

I do not think he was in that position but if so yes. In order to have come from the upper or land side of the road the bodyof necessity have to swing around to get into the position in which I found it.

Question - Then the missile might easily have come from the bay side?Ans. - I could not say that.Ques. - But if from the bay side it would not have had to swing around?Ans. - No.Ques. - From the position of the body as you found it, would it be the more natural thing for the missile to have come

from the bay or house side of the property?

La Voix du Passé 10

Ans. - Yes. I formed no opinion as to the direction in which the missile came. I did not conduct a rigid examination ofstains on the fence. I would not swear they were but it is my general belief they were. I did see a revolver on the ground near the

deceased. The Coroner hadone in his hand and he gave itto me. I examined it andemptied it, one chamberempty. I do not know whereit was. I did not hear anydefinite statement. TheCoroner said he found it onthe ground near the righthand of the dead man. Thiswas objected to by theprosecution. I returned it tothe Coroner also thecartridges. I am sure thewound was continuous and itis quite positive that only onemissile caused this wound.

Re-Examination

Asked by Mr.Davidson - From position ofbody could the stains onfence be caused by bodyfalling against it?

Ans. - Yes.Mr. Davidson - Had

the missile which caused thedeath of deceased come fromthe same direction as themissile which went through

the board, would you consider the position of the body an unnatural one?Ans. - No.Mr. McDade - But the body would have to sway around?Dr. Loggie - Yes.Court adjourned to permit witnesses to be supoenaed for the following day. Owing to dispositions not being in the hands

of lawyers some delay was occasioned.Mrs. Ross, wife of the deceased James Ross, was present at the afternoon session. Mrs. Stewart and son were present both

morning and afternoon.

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DAMAGING EVIDENCE IS GIVEN BY VICTORIA TULIPPEAGAINST MILLETT STEWART

_______________

Swears that After She Heard Two Shots Fired the Accused Returned to the Wagon and Said “ I got Him”._______________

Crown’s Star Witness Also Declares that She Was Threatened by Stewart if She Told on the Witness Stand All She KnewAbout the Shooting - Tulippe Girl’s Evidence Was Unshaken Under Cross Examination - Preliminary Hearing in Neguac

Murder Case Continued at Newcastle Today._______________

Newcastle, Aug. 25 - (Moncton Times) - The preliminary hearing of Millett S. Stewart was continued this morningbefore Justice Lawlor.

The first witness called was Victoria Latulippe. represented by Mr. Creaghan. After being sworn she was informed thatany evidence she gave would not be used against her if any charge was brought against her. In answer to questions said: “I am the

Lieu du crime – la demeure de M. et Mme Nicolas Latulippe, 1921Collection Leo-Ross


daughter of Nicholas Latulippe. I am acquainted with Millett Stewart; know James Ross and of his death at Neguac on the eveningof August 2nd inst.; I know the neighbourhood well. Our place was on the left side of the Breau Road known as the Tulippeproperty. My father lived there until the 2nd of August. I was living at Millett Stewart’s house; I was hired there. I was there over ayear. A young man, John Savoy, was working there sometimes during the year; I knew him; I was at father’s home on the 2nd ofAugust; went there about 9 o’clock in the morning; James Ross and Adam Dickison were there and also Elmer Munroe; they weretaking the stuff out of our house when I got there; James Ross had come to take possession of the property; they took all our stuff

out of the house; they were at work when I got there; I was mad when I saw themtaking our stuff out; I took a stick, not a big one, in my hand and went upstairs; I hitRoss a little on the head; the stick was no bigger tham my thumb; Ross carried medownstairs and put me outside; he was cross; when I went past the kitchen I saw Mr.Dickison trying to put my brothers out; he had a revolver in his hand; my brothersare Joseph and Fred; he put us out and we stayed outside; Mr. Ross was laughing andjoking; he said I did not hurt him; Mr. Ross told my father if he would take the stockaway he would give him the vegetables and garden, so Mr. Dickison wrote anagreement and the men signed it, Dickison, Ross and Munroe.

Accused Tried to Give her a Knife

During that day Mr. Stewart called me across the road and said, “Whydidn’t you stay in the house, go on and fight them and put them out”. This was after12. I had no time to tell sure; Stewart had a knife he tried to put in my hand.

This was objected to by Mr. McDade, but allowed by His Honor.I would not take it in my hand, it was a sort of dagger or hunting knife; then

he offered me a stone, but I wouldn’t take it; then I went back home to Mr Stewart’s;Mr. Stewart seemed a little excited; I cried when I saw my mother was on the road,but I did not ask Mr. Stewart to go back to the house.

That evening Stewart spoke to me, to go back with him to our place; I guessit was about eight o’clock; it was after my work was done; this was first time heasked me to go back; he said “Come on with us and we will put Ross out, scare himaway”. By us, he meant he was going to take John Savoy; when he called me acrossthe road, Mrs. Stewart was with him; he was on the side of the road by the woodsaway from the house; he was in the woods; we could not see him from the house; hewas just across from the house; the house is a little more towards the bridge than thegate is; when Stewart was talking to me I was standing beside him; in the eveningwhen he asked me to go with him and Savoy, I went out to the wagon, John Savoy

was yoking the horse; he had a rug under the harness.

Started With a Rifle

I got in the wagon, an express with one seat; there was a rifle in the wagon; Stewart was on the left, I was on the right andthe rifle was between us resting on the seat; Mr. Stewart had a rifle in his house; I have seen two; did not notice if they were in thehouse that day; John Savoy stood behind the seat and was driving the horse; after we got started a little some of the harness gaveway; John got down to fix it; after we got a little piece Stewart took the rifle to hit the horse; we were scared of the rifle going off;we went on down the highway; Mr. Stewart took off his white sneaker boots before we reached the Breau Road; we were goingfirst to my brother-in-law’s, Anthony Savoy; he lives on the Tabusintac Road, east of the Breau Road a small way; we were goingfor Fred and Joseph; Stewart said he was going to get them to come with us; when we got there they were not home; at Savoy’s Iwent in the dining room; Stewart stayed in the kitchen; I saw Stewart, my brother and brother-in-law in the kitchen; I only heardhim say, “Come on down Anthony”. No one went with us from Anthony’s; we were not there more than ten minutes; we wentback towards the Breau Road; we met Joe and Fred with a load of father’s stuff; met them on the highway; they stopped; Stewartasked them to come down with us; he said “Come on down, we will put Ross out”. Joe and Fred said “No, we will not go”. Stewartcoaxed them.

Objected to by Mr. McDade.Stewart called them cowards; then they consented to go; my brothers said they would put the horse in the barn and come

back.

Wouldn’t Go if There Was Any Shooting

They said “If there is any shooting going to be done, we won’t go”. I mean when one brother said anything the otheragreed with him.

I say distinctly there was no dispute between my brothers as to what they should do. They took the horse along; wewaited till they came back. They got in the back of the express; we started down the Breau Road;, walking the horse; it was a little

Louis Savoie et son épouse VictoriaLatulippe, s.d.

Collection Antoine-Savoie


dusk, could not see very far; Stewart said for us to go ahead to the house and I will get off the wagon; he wanted me to take an ironbolt about 12 inches long; he wanted me to take it to break in the door and he would come behind; when we got pretty near thehouse where he was going to get off because we were not going to stop; we were going to go home, but he jumped off and took therifle with him; me and my brothers and Savoy stayed on the wagon and drove a little past the gate; I think it was about fifty yardsfrom the gate the wagon stopped; if I was now on the road I could show you the spot Stewart got off; Joe and Fred got off a littlepast the gate; and they started ahead of the horse which was walking slow towards the bridge.

Heard Two Shots

When we got nearly to the bridge me and John Savoy were in the wagon, I heard two shots; then John took the reins andhit the horse; when we got past the bridge Savoy stopped the horse and jumped off the wagon; he went ahead; I could not seewhere he went; I stayed in wagon; the horse was still; in a short time Stewart came from the same way we had come; I had notseen Stewart since he left the wagon till now.

All that I have related, happened from the time Stewart left the wagon the horse was walking until Stewart rejoined us;the horse walked till Savoy struck him, then he trotted. Savoy had only left me about five minutes when Stewart rejoined me; hecame to the left hand side and got in, he had the rifle in his hand; the first words he said were “I shot him”. I said “For God’s sake,what are you saying?”.

He said “Yes, I got him”. I said “Did you see him?”. He said “Yes, he was standing by the gate and I fired; I saw him fall,he will never enjoy the Tulippe farm anyway”.

The horse was going by this time. All along the road he was saying to me, “Save my life, save my life”. We were keepingalong the road, it swings to the right to the wharf road.

The prisoner (Stewart) seemed calm and took notes of this testimony.

Accused Seemed Excited

After an intermission for luncheon hearing was resumed. Continuing her testimony, Victoria Tulippe said: We continuedup the wharf road to the Tabusintac highway, and up home; Stewart seemed to be excited;when we got home he jumped off thewagon and started for the house; he had the rifle in his hand when he joined me at the wagon on the hill. I don’t remember wherehe put it in the wagon; he took it out of the wagon; I got out too, and called him to help me put the horse in; he came; he was goingto the house without attending to the horse; he had the rifle then; he had it when he went into the barn; I did not see it afterwards; Iput the horse in the barn; he helped me to take the horse from the wagon, but left me to put the horse in the barn alone.

Stewart did not go in the same part of the barn I did; I turned the horse in the barn loose; I went in the house then andStewart came in shortly afterwards; he told Mrs. Stewart we had not gone down to the place but only got to my brother-in-law’s;we did not talk any more; I went to bed; on the Breau Road Stewart got out of the left hand side of the wagon; the horse walkingslow.

Question by Mr. Davidson - Did you see or hear anything from the time Stewart left the wagon till your brothers left;what did you hear?

Ans. - Nothing. I could not swear to seeing anything as I passed the gate. I think I saw something black, by the gate like aman sitting down, but am not sure.

The horse did not stop for the brothers to get off. When my brothers came back to the wagon I saw nothing in their handsor anything they were carrying. It was not very long after my brothers got out of the wagon till I heard the two shots.

Heard Shots After Brothers Left Wagon

My brothers got out just past the gate. We were almost to the bridge when I heard the shots. The horse walked all the way.I could not have counted more than three between the sounds of the two shots.

I noticed no difference in the sound of the shots; I saw Millett Stewart drinking soft beer and ginger beer that day.Question - Did you see him drink anything other than beer within a few days?Objected to by McDade, upheld by His Honor.Ans. - I saw him drink beer, lemon and beef, iron and wine. The conversation we had was in English. All the French was

spoken by Mr. Stewart; other talk was all in English.I think it was nearly 10 o’clock at night when we got home, on the evening of August 2nd. The next time I saw Mr.

Stewart was after I went to bed. He came to my bedroon door, he said “Do you think I killed him?”. I said “I don’t know, go toyour bed”. I saw him next the following morning when I came in from the barn. I had never heard Stewart make any threatsagainst James Ross. I had heard him speak of him in an unfriendly way.

This was objected to my Mr. McDade but allowed.I know Stewart did not like Ross from the way he was talking. Stewart wanted me to tell my brothers not to tell we had

been at the shore that night. I went to see them but did not tell them.

Witness Says Accused Threatened Her


Stewart said “Don’t say anything about it, we will be all right”. He was home part of that day but went away with thehorse in the afternoon.

I was a witness at the inquest. Stewart spoke to me about the evidence I was to give. He said for me not to say he had arifle. He asked me what I was going to say.

I said: “I would tell what I knew; I was going to tell the truth”.He said: “By God, if you do, you will get all that’s coming to you”.I reported the threat to Mr. Coughlan. Stewart also said he was going to swear he had no rifle. I said “It will be a false

oath because you know you had”.He said: “I don’t give a damn for a false oath”.I did not tell all this to the coroner.Examination closed by the Crown.

Cross-Examined by Mr. McDade

Question - “Do you know anything else against Mr. Stewart in this matter?”.Ans. - “I think it is all”.“I know I am in jail charged with the murder of Mr. Ross and my brothers, Joe and Fred also. My brothers and I have

talked of this but not out of the way. We talked of it just as other people would talk. I did not tell them what I meant to say. Theydid not tell me what they meant to say. I am quite ready to give evidence against Stewart. I am quite anxious to give evidence andtell all I know. I will not swear that I did not brag or what I would say on the witness stand”.

When asked why she made brags, witness said she could not answer and did not know. If she did, she could not answer inthe way she was wanted to. I did not know Ross was at the house that evening until we met my two brothers on our way to thehouse.

I did not say to Stewart “that Jim Ross was away and it would be a good time to get in”.I know Mr. Stewart is a justice of the peace. I did not talk to him of the property in the way of asking advice; my brothers

did.Under cross-examination the witness did not give any contradictory evidence.The court adjourned until 9 o’clock Friday.

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WITNESSES TELL OF THE ROSS MURDER AT NEGUAC_______________

Lengthy Cross-Examination of Victoria Tulippe Fails To Shake Direct Testimony._______________

TWO WITNESSES YESTERDAY_______________

John Savoy, Who Was with Stewart and the Tulippes on the Night of the Tragedy, Was on the Stand at Adjournment._______________

Newcastle, N. B., Aug. 26 - (Moncton Times) - In Ross murder case the cross-examination of Victoria Tulippe wascontinued by Mr. McDade this morning. A number of witnesses for Crown are still to be examined.

Victoria Tulippe said: On the evening of August 2nd, Millett Stewart wore a long grey duster coat. I never saw him wearit before. I saw it hanging in the back kitchen; it always hung there. It was not more than 15 minutes from the time Stewart left thewagon till he rejoined me in the wagon. It was longer than ten minutes. I did not tell the Coroner of the conversation I had withMr. Stewart from my bedroom door. I did not think of it until afterwards. Mr. and Mrs. Stewart and children were in the house atthis time. I saw him drink beer that day. I did not have any that day. I did not see any one drinking at the Tulippe place. Mr. Rosshad been drinking; I could smell it on his breath. On the morning of August 3rd (Wednesday) I was anxious for Stewart to take theharness from the horse for fear soemone would come and see it so. It made a difference to me because I was with him that night.On Wednesday morning when putting the cows away I first heard Ross was dead. A woman passing told me.

Q. - Did you not say before the inquest, “I must go and say something as they are going to take my brother Fred?”.A. - I said I was going to tell the truth for they might blame my brother. I did not make any threats against accused. I

never told my brothers to kill him; I will swear to that. I heard no such talk from my brothers or Savoy.

Wanted to Get Back Home.

I do not think my brothers saw the rifle as it was between Stewart and me. I cannot tell the length of the rifle. I did not sayto Stewart I expected to be landed in Newcastle jail over the matter. I did not say we would all have to be witnesses. I do not


remember if I said we would all be landed in Newcastle. I did beat the horse with reins on the way home to make him go; I wantedto get home to the house. I don’t know if I said yesterday that Stewart said “Ross fired at me first”. I am not anxious to see Stewartconvicted. I would not know Stewart’s rifle from any other. We had no rifle in our home. They have a shot gun; my brothers ownit. Cross-examination closed.

Rifles Produced

At this point two rifles were produced in custody of the court and shown to Victoria Tulippe. She said in answer to aquestion that the longer one resembled the one in possession of Stewart that night.

Answer objected to by Mr. McDade, counsel for the defense, but allowed by His Honor Justice Lawlor.Question by Mr. Davidson - Do you know if either or both of these rifles resemble those which Stewart kept in his home?Objected to by defense.Allowed by His Honor.A. - “I have seen two which look like these. Of Stewart’s rifles one was longer than other”.Question by Mr. Davidson - Did you ever hear Mr. Stewart threaten to shoot anyone?Strenuously objected to by defense.Question allowed.Answer - “Yes”.What did you see or hear?I saw him take a rifle and threaten to fire at Alfred Simpson.He took it out of the pantry and went back of the kitchen door in his own house. This was in March of this year.Asked by Mr. McDade if she could tell the difference between a shot gun and a rifle witness said, “Yes, by the look of

them; the barrel of a shot gun is larger than a rifle”. I never fired any kind of a gun in my life.Mr. Davidson brought out by questions that Millet Stewart asked witness to send her brother Joe to him; this was while

talking at the edge of the woods in front of the Tulippe house. The Beggs road was the shortest road home to Stewart’s from thehill on the Breau road.

Adjourned until 2:30.

John Savoy

At the afternoon session John Savoy was called and sworn. He said, I live in Neguac, County of Northumberland, son ofThomas Savoy. I know the roads known as the Breau Road and wharf road; I know Millett Stewart now in court; I know where helives; my father’s house is about 200 yards from Stewart’s; I am 16 years old; I went to work for Stewart in March, have workedsome times since that for him; I knew James Ross; I remember the day of his death; I was a witness before the coroner; I did notsee the remains; I last saw Ross on Tuesday, the day he died; I heard of his death the next morning; I saw Millett Stewart the daythey put the Tulippes out; that day I saw him at our place; he asked me to clean out the barn; he asked me then to set fire in thewoods so as to burn the Tulippe house; he told me to set fire in the woods, not far from the house; this was about half-past three; Iwent away a little and came back and said I would not go; he said he wanted to get Ross out of the house; I then went home; aboutfour o’clock I saw him again at my place; he said he wanted to see me at his (Stewart’s) place; I went up; he told me to harness thehorse and put a rug under the harness; I did as he told me; it was about half-past eight or nine; he told me to get his rifle; it wasalongside Stymiest’s shed in the woods, about 200 yards down the wharf road; he called from the house, could I find it? I told himI couldn’t find it; he came and got it himself; I saw him find it; I knew Millett Stewart had rifles in his house; I could not swear theone he found in the woods was the same as he had in the house.

The two rifles in custody of court were produced and showed to witness.Witness could not swear they were the ones Millett Stewart had in his house; the shorter one looks like the one he found

by the shack.We went to the back kitchen; he had a rifle with him; he put cartridges in the rifle and some in his pockets, two different

kinds; he went out and was at the barn ahead of me; after the horse was yoked he told me to go to the house and tell Torrie tocome; when I got to the barn the second time he told me he was going to Tulippe’s to put Ross out of the house; he told me tobreak the house that he would get off before we got to the gate, and would be behind us.

Question by Mr. Davidson - What did you tell Torrie?Objected to by Mr. McDade, allowed by His Honor.Ans. - I told her to come, Mr. Stewart wanted her. She didn’t come. Mr. Stewart went into the house. I did not go with

him; she came out with him; Millett got in first; I saw the rifle in the wagon when I got in; Torrie and Millett were in the wagon; Isaw Torrie get in, she had no gun with her; they sat in the seat; I was behind the seat on my knees; the gun was between them, thebutt on the floor of the wagon; I drove; we went to Antony Savoy’s; he said we were going to get Joe and Fred to go down;Stewart told me to drive to Savoy’s; Anthony Savoy’s house is about half a mile from Breau Road; he and Torrie went ontoSavoy’s; he left the gun in the wagon; he told me to stay in; the rifle in the wagon was more like the larger one you showed me; Isaw him load the short one; I did not see him load the longer one; I saw him go towards the barn with the shorter gun; I do notknow where he went or what he did with it; after they came out of Anthony’s we went back; Stewart was on the left side; he saidwe will meet Joe on the road; we met Joe and Fred a little way from the house with a load of furniture; he said “Come on you


cowards to your old house and put Ross out of the house. Tie your horse to the fence”. They said they did not want to go. He saidagain, “Come” and they said they would put the horse in the barn; I knew the Tulippes were staying at Savoy’s; we waited andthey came back; Millett Stewart was wearing white sneakers; he took them off before he got to Savoy’s. The boys got in the backof the wagon; we drove to the Breau Road; Stewart said he would get off a little way from the gate and they would go and breakinto the house. He said he would put Ross out; a bolt of iron in the wagon was to break in the house; we would go and he would bebehind us.

Would Not Shoot Unless He Had To

[ ... ligne manquante ...] … said they would not go if any shooting was to be done; he said he would not shoot unless hehad to; before we got to the gate he got off with the rifle in his hand; he said for us to get off; we did not want to; we stopped thehorse for him to get off; he got off the left side; he said “You go on”. It was about 100 yards from the Tulippe gate where Stewartgot off; I looked back, he was standing on the road; I did not see him again that night, as long as I stayed with the wagon; I did notsee him again that night. I did not have a gun with me nor the Tulippe boys; the horse was walking after Stewart left; Joe and Fredgot off at the gate and walked along past the house; they were carrying nothing; they jumped out without the horse stopping; Idon’t know where they went; the last sight I had of them was at the turn in the road; the boys were not in sight when I heard twoshots; I was still in the wagon; I got in the seat when I heard the shots; we were somewhere near the turn when I heard the shots;they sounded behind us; I could not tell which side of the road, it seemed near the road as far a I can tell; I do not know a rifle shotfrom a revolver; I did not see anything then; I beat the horse to make him go fast; I was afraid he was firing at me.

Threatened Witness

Mr. McDade objected to the question by Mr. Davidson, “Why were you afraid, if so was it by reason of anything MillettStewart had said to you?”. It was allowed.

Ans. - “Before we started for the house he said if I didn’t help him he would murder me”.We had all said at the gate we would not go to the house; after I struck the horse we drove past the bridge, over the hill;

we were about 50 yards from the bridge when I heard the shots; we stopped the horse; I jumped and hid in the woods; Torrie andthe horse stayed there; by and by I heard the wagon pass; I could not see them; I was on the right side of the road; I heard someonetalking, I knew the voices were Torrie’s and Millett’s; it was dark; the horse was on the Beggs Road going towards the wharf road;I got on the road and went home by the short cut; next day I heard of the death of James Ross; about half-past five in the morning;accused came to our place about 3:50 and said he heard Ross was dead; my mother was with me; I was in bed asleep; he woke meup and told me.

In the forenoon when I was at Stewart’s place he gave me a message; he had told me to go and put the horse in the field;when he was up in the morning he told me to go to Anthony Savoy and tell Joe and Fred not to say they were at the shore; I said Iwould go; I didn’t go; I saw him again that day; his son Wilbur asked me to drive him to the wharf; Stewart asked me not to say hewas down to the shore; I don’t know if he was drinking that day, but on the way down he fired a bottle of beef, iron and wine at thehorse; it was the same day or the next day Stewart told me Ross was dead, that I was called to the inquest; Stewart did not tell mewhat to say at the inquest; he only said not to say he was down to the shore with anybody.

Adjourned till 10 o’clock Saturday morning.

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EVIDENCE OF JOHN SAVOY IN ROSS MURDER CASE_______________

Tells of the Trip Made to the Tulippe Place with Millett Stewart and Others on the Night of the Shooting_______________

SAW STEWART LOAD RIFLE_______________

Witness Swears She Did not go with Accused to Help La Tulippes Get Into Their House, but intended Running away_______________

Newcastle, N. B., Aug. 27 - (Moncton Times) - Hearing in the Ross murder case resumed this morning by furtherexamination of John Savoy by Mr. Davidson.

Hon. Robt. Murray is retained as counsel for Savoy. In answer to questions Savoy said: “I remember a trace of theharness broke on our way to Savoy’s. Stewart hit the horse with the rifle and made the horse jump. Stewart said to Torrie sheshould hit Ross with a bolt of iron in the wagon if he bothered her. Stewart said before he left the barn: “The La Tulippe would goin their house or he would murder Ross”.


Here questions were asked as to the position of the express wagon in the Stewart yard and the placing of the gun inwagon.

Witness said: The rifle was not taken from between Stewart and Torrie La Tulippe only to hit the horse till Stewart gotout of the wagon.

Question by Mr. Davidson: “Did Mrs. Stewart ask you anything in reference to what you or Mr.Stewart had done theprevious evening?”.

Objected to by Mr. McDade.Allowed by Mr. Lawlor.Answer - “Yes”.Did you give her a truthful answer?Objected to by Mr. McDade.Allowed.Answer: “I did not give her a truthful answer”.This subject was let stand at this.“I have seen rifles in Stewart’s house, one shorter than the other; I don’t know the make. I saw him load one, the short

one. I could not swear it was his own.”.Cross-examined by Mr. McDade.It was about 3:30 on Tuesday, August 2nd when he first saw Stewart; the second time he saw him was at 6:30 of the same

day when he was to harness the horse. It took me twenty or twenty-five minutes, he said to harness, then he sent me to find therifle in the woods. It took me quite a while in the woods. We were about 10 minutes in the kitchen after I came back.

At this point some reference was made as to location of the kitchen.During the proceedings Stewart is very calm and continuously takes notes on the evidence and confers with his counsel.Under further cross-examination witness said he had not seen the longer rifle in Mr. Stewart’s hands on August 2nd until

in the wagon. Have worked around Mr. Stewart’s ever since I was young. Have seen the rifles about the place for a year. Westarted from the house that night about half past 8 or 9. I knew where we were going. Stewart said we would go get Joe and Fred;Stewart had on a long coat; I never saw him wear it before; it was hung in the barn; I think he had on a hat; I cannot remember. Isaw him take off his boots and go into Savoy’s in his sock feet; he stayed there five or ten minutes. We met Joe and Fred in frontof Anthony Savoy’s property. The first thing Stewart said was “Whoa” to their horse. On the way down the Breau road Stewartspoke to the horse in French. I think it was about 220 yards from the gate that Stewart got off the wagon. It was about five minutesafter Stewart got out till I heard shots and about five minutes after Joe and Fred got out; they got out a minute or so after Stewart. Idid not see them after.

When asked if he went to help the La Tulippes get back their house, witness said, “No I meant to run away after wewould get there. When I heard shots I had no idea anyone was firing at Ross. Next time I saw Torrie La Tulippe after I jumped outof the wagon was next morning. She said she heard Ross was dead. I am in jail for a witness; they told me that; I do not know thatI am charged with killing Ross. Fred and Joe are in jail with me; we are all together”.

Witness to Mr. Lawlor - “I did not know what you read to me in the jail; I did not understand”.To Mr. McDade - “I did not say to anyone we had better not say we were down to the shore”.Adjourned till 10 a.m. Monday.

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FOUR WITNESSES HEARD IN ROSS MURDER CASE_______________

The Dead Man Armed Himself with a Revolver on the Day of the Tragedy._______________

PRELIMINARY HEARING CONTINUED TODAY_______________

Witness Not Very Sure Whether the Accused Millett Stewart, Was Armed with a Rifle._______________

Newcastle, N. B., Aug. 29 - (Moncton Times) - Hearing in the Ross murder case continued this a.m. Cross examination ofJohn Savoy closed and Joseph Latulippe called and sworn. He said, “I am a son of Nicholas La Tulippe, am 25 years of age. Iknew James Ross very well. I remember the date my father was put off the farm; was away when the moving began. When I camehome Adam Dickison, Elmer Munro and James Ross were there. I have a sister Victoria. After I got home I went to AdamDickison, asking him to show me the papers for putting our stuff on the road; he didn’t show the paper; he said to James Ross tokeep on going. Soon Torrie came home from Stewart’s. Torrie was a servant girl at Stewart’s. Torrie went after James Ross with alittle stick. I did not see what happened upstairs; he carried Torrie out and she kept quiet then. James Ross told father if we would


move our stuff he would give us the garden stuff and vegetables; a paper was made outand it was satisfactory to all parties. At this time there was not any ill feeling. I heardRoss and say Torrie did not hurt him. I saw Millett Stewart that day across the roadfrom our place which is a growth of small bushes, his wife was with him. I did not seehim in the house. I joined him on the edge of the woods as Torrie said he wanted tospeak to me. I went to him alone. He asked why I did not stay in the house and fightthem out. I said I couldn’t do that. He said to use anything I could get my hands on toget rid of them. I made no answer. I have a brother-in-law who lives near, AnthonySavoy. After things settled down we hauled the furniture to Anthony Savoy’s. I did nottell Stewart where we were going. When we were coming away with the last load wemet Stewart, Torrie and John Savoy about 200 yards from Savoy’s. I last saw JamesRoss Tuesday night at 8 p.m. I saw him on the Breau road before I got to the turn. Westopped and talked several minutes.

Did Ross tell you where he was going?Objected to by Mr. McDade.Allowed by His Honor.Answer - “Yes, he told me. I told Stewart correctly this information. I noticed

which way Ross went; he went to our old home; he was alone; this was about 8 p.m.,just beginning dusk. The team Stewart was driving was single horse, express wagon,one seat.”.

Witness described how they were seated in the wagon and repeatedconversation which took place. He said: We met Stewart going down . Stewart saidcome down we will put him out; tie your horse to the fence.

Mr. Davidson - When you refused to go did he say what he thought of you?Objected to.Allowed.Ans. - He said we were cowards. We said we wouldn’t go if there was to be any shooting; he said there would be none

unless he had to.We both, Fred and me, took our horse to the barn, took short cut across the field and joined wagon up road. They were

sitting same way in wagon. John driving, Stewart on left side. We got on behind, drove down the Breau road to the shore. Therewas some talk. Millett speaking in French. I saw an iron bolt about a foot long. Stewart said, my sister would take it and burst inthe door. Stewart said: “Youse go ahead. I’ll come behind”. We were to go to the house; he did not say where we were to go;Stewart left the wagon about 20 yards from the gate. We said we wouldn’t go in, we would drive on; he said, “Go on, youcowards, I’ll come behind”. He got off the left side with something in his hand from the wagon. To the best of my knowledge itlooked like a rifle.

Question and answer objected to by Mr. McDade.Allowed by Justice Lawlor.Did Stewart keep on with the wagon?Objected to, but allowed.I did not look back. The horse was walking slow, till a little past the gate; we hurried the horse a little; me and my brother

got off and passed ahead of the horse on the right side of the wagon and went towards the shore. We did not notice anything. Afterwe passed the brook bridge, and around the turn, we heard two shots. To the best of my knowledge they were rifle shots.

Objected to by Mr. McDade.Allowed.From what direction?Objected to by Mr. McDade.Answer - The shot sounded on the north side of us. The La Tulippe house is about 10 yards from the road side. The

interval between the two shots was about two seconds. We kept on home after we heard the shots. We took the short cut byStymiest shack and by highway to Savoy’s. I did not see Millett Stewart, Torrie nor Savoy again that night. Did not hear wagonagain that night. I never saw James Ross after. I saw Stewart on Wednesday afternoon at Daniel White’s; he asked me if I knewJim was dead. I was brought to Newcastle last Weddnesday.

Adjourned until 2:30.

Afternoon Session

In the afternoon Joseph Tulippe was cross-examined by Mr. McDade, Counsel for the defence.Witness said: I know Mr. Stewart to be a justice of the peace for a number of years. I consulted him as to a sale of father’s

property; a deed of some 8 shares of the Breaus was got in my name as guarantee; I felt I had no right to move from the property; Iwent to see Mr. Stewart about being moved out; Stewart said: “I was on and should stay on”. He could do nothing for me. I heardhe called up a lawyer in Chatham. Going down to the shore that night Stewart had what looked like a duster coat and hat; looked to

Joseph Latulippe, s.d.Collection Antoine-Savoie


me like a soft felt hat; did not notice his footwear; did not notice a rifle in the wagon, nor any other firearms; Stewart did not sayhe had firearms; there was no talk of shooting going down in the wagon; we were going down to get clear of Stewart; we thoughthe would wait for us to come back when we went to Savoy’s; Stewart got our of the wagon about 50 yards from the gate; I couldnot swear that Stewart had a rifle in his hand when he got out at the gate; we got out about 100 yards after Stewart got off; I got offthe wagon to get home; the team was walking slow; I wanted to hurry; I had heard nothing before we got off; it was about fiveminutes after we got off till we heard the shots, then we ran through the short-cut; Stewart said “You know we had no gun thatnight”. This was on Wednesday night. When he got off I had an idea to the best of my knowledge he had a rifle and that was whywe hurried; it did not look like a stick, but it might have been; I told the coroner I thought it was a rifle; I think I said at the inquest,we did not see any firearms; I did not see any knife; I also said the only threat I heard Stewart make was he would put Ross out; Isaw no evidence of drinking, but smelt it off all three of them; in the afternoon I saw Adam Dickison with a revolver when he putme and my brother out; it was a little after Ross carried Torrie out; of my own knowledge I do not know how Ross came to hisdeath; have known Stewart since I was small; have been pretty good friends all along.

Mr. McDade - From the advice you had from Mr. Stewart and what he said he received from Mr. Murray you thought youshould stay on the place.

This question was discussed and was ruled out.Cross-examination closed and witness remanded until Tuesday morning.

Fred Tulippe Called and Sworn

I live in Neguac, son of Nicholas Tulippe; live with my father; I know Millett Stewart and James Ross; I first heard ofRoss’ death on Wednesday, Aug. 3rd. Some examination followed as to roads and location of dwelling houses.

Witness continued - I was working in the field when I came home; they were putting things out of the house, AdamDickison, Elmer Munroe and James Ross were doing so. Joe and Matt are my brothers; I have a sister, Torrie; she is hired atMillett Stewart’s. Torrie was not there when I came; she came about 9 a.m.; she had a stick in her hand when she came in the door;it was about 3 feet long, and about an inch through; she went upstairs; next thing I saw Ross carrying her out doors; it was about 3p.m. when they were through puttings things out.

Witness told of the agreement as to garden and vegetables; I could not say who signed it, he said. At the time all weregood friends; Ross was talking and laughing with Torrie; I saw Stewart that afternoon across the road from our house on the sidein the edge of the woods; Mrs. Stewart was with him; I went out as Torrie said; Stewart wanted to see me; Stewart said to go fightthem out, not to leave the home; did not say how to do it; I did not answer; I left him; I did not see Torrie and Stewart talking; Istarted after 3 o’clock to take stuff to Anthony Savoy’s; the last load was about half past seven or eight; we met James Ross on theBreau Road, my brother talked to him about 20 minutes; I know of my own knowledge that what Ross said as to where he wasgoing was told to Stewart immediately after.

Do you know which way Ross went when leaving you?Objected to by Mr. McDade and allowed.Ans. - “Towards the shore, along the Breau Road”.By we, I mean me and brother Joe. We met Stewart, Torrie and John Savoy on the road to Savoy’s; they had an express

wagon; Stewart stopped and asked if it was us; asked us to come to the shore and take our old home back; we said “No”.I saw no fire-arms in the wagon at this time. Heard no mention of fire-arms or shooting; I made a mistake, we said if there

was any shooting we would not go down; he said there would be no shooting; after the horse was put in the barn; we took a short-cut across the field and found them; they were sitting the same way; Millett Stewart said we were to break in and he would comebehind; I knew he meant all for he said “Youse”. We said we would not go ; he jumped out; we were about 50 yards from the gatewhen he jumped out; he had something in his hand, it looked to me like a rifle. (Objected to). The horse was not stopped, keptwalking on; I did not see Stewart again that night; after we got a little past the gate, 3 or 4 yards, me and brother Joe got out; thehorse did not stop; we got out on the right; we walked ahead; we walked faster than the horse; Torrie and John were in the seatwhen we last saw them.

Heard Two Rifle Shots

After we went past the turn we heard two rifle shots.“Could you tell from what kind of a weapon the shots came?”.Objected to. Allowed.Ans. - “I should say they were rifle shots; cannot say if they came from the road or not; they were from behind”.They were two or three seconds apart. Joe and I went together; we kept on to the wharf road. The shorter way to get to

Stewart’s is to keep on going by the wharf road; I did not see anything as we passed our old gate; I first heard of Ross’s death onWednesday; my brother-in-law’s mother came to the window and told me; in the wagon there was talk in French and English;Stewart talked in French.

Examination closed by Crown and cross-examination began by Mr. McDade.

Cross-Examined


We got home about 10 that night; I know Stewart is a justice of the peace; has been for some time; I was not speaking tohim of the trouble; know that my brother got a deed of 8 shares from the Breaus. Ross and the constables moved our furniture; Ido not know if the family objected to going out. I did? Was put out by Mr. Dickison with a revolver; went back by and by, all goodfriends then. Saw no drinking before we went back in the evening. Stewart said there would be no shooting; we went back for wethought there was a chance of getting our property back; as far as I know Stewart was there in a friendly way to help us get it back;I saw no rifle in the wagon; Stewart got out about 50 yards from our old gate on the Breau Road; at no time did I see him nearerthe house that night; I will not swear he had a rifle in his hand; I said to the coroner what it looked like, but not what it was; we gotout of the wagon about five minutes after Stewart, about five yards beyond the gate; heard shots about five minutes after we gotout, we were on the turn past the bridge; I got out of the wagon to get away from Millett so as not to get into any trouble; Stewarthad a kind of duster coat, wore a hat; don’t know what he had on his feet; heard no threats made by Stewart against Ross; since thedeath of Ross had some conversation with Stewart; did not threaten me as to what I should say; I don’t know who fired the shots.

Witness in answer to Mr. Davidson said Stewart asked him if he (witness) was going to say he, Stewart, had a rifle. Ithink it was Joe who told Millett that Ross was down there.

To Mr. McDade - I don’t know if any one told Stewart about the agreement signed at our place.Witness remanded until Tuesday next.

George Curry Called and Sworn

I keep a shop in Neguac; I don’t know James Ross, who was killed; I heard it next day; I do not remember what day; Inever saw Millett Stewart until today; the evening before I heard Ross was shot I saw Millett Stewart in my shop, it was 10minutes to 10; my shop was shut; some one knocked, Stewart came into my shop; he took what he wanted without speaking andwalked out; he took lemons; I don’t know how many he took; there were four bottles in a box; none were left in the box when hewent out; they were 10 ounce bottles.

Daniel LeBlanc Called and Sworn

I live in Lower Neguac; am a farmer; live on the left side of the Breau Road, on the way to Tabusintac; I know MillettStewart and knew James Ross; last time I saw him was at supper at my house, Tuesday, August 2nd; we were friendly; I know hecame to Neguac to take possession of the Tulippe property, which he had bought at a sale; he went down to the property; I was notthere till after six o’clock; Elmer Munroe, Adam Dickison and Ross and the Tulippe boys were there; then they were all friendly. Iwas home at 9:15; after supper he started to the Tulippe place to see if the stuff was hauled away; if he did not get back by time mychores were done I would go down; it was not more than 20 minutes till I was done; I was at Tulippe’s place not later than 10;when I got to Tulippe’s gate and saw two white spots by the gate; one I knew was there before; I went to the second white spot,saw it was a man lying down; the body was in the same position then it was the following morning; face towards fence on bay sideof gateway; body lying on back, face towards left side, hand along the side, revolver alongside right hand; feet towards the roadslanting a little towards the bay; I put my hand on the breast and shook him and called him by name; he did not answer; I heard hishead moving in the blood and froth; rubbed my hand over his face and fingers went in the wound under the right jaw; Edward andI took a motorcycle and went to Robichaud’s and told him; he said Dr. Wallace was coroner; Edward Tulipe went to Dr. Wallace; Iwoke Walter and Tom McKnight; we all proceeded to the body.

Ross Carried Revolver

I then went to the telephone and informed the Chief of Police in Chatham. I went next at 6 a.m. next morning; the bodyhad not been moved; I saw Dr. Loggie examine the body by the gate; the revolver by Ross’ hand, he got from me as he wasleaving my house that night, also four loaded cartridges; it is a 38, Smith and Wesson pattern. Revolver produced in court, shownto witness and identified as the one he gave Ross; also the shells, old shells unchanged, except one empty which had been fired bya centre fire revolver.

I cannot say when I last saw Millett Stewart (in reference to the day of the death of James Ross).At this point court adjourned till Tuesday at 10 o’clock.

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WITNESSES TELL OF THREATS MADE BY MILLETT STEWART AGAINSTJAMES ROSS

______________

Wanted Them to Go Down to the La Tulippe Place and Put Ross Out, and Give the Former Owner Back His Home._______________


Dr. Loggie, Who Examined the Body of the Murdered Man, Declares that the Wound Which Caused His Death Could NotHave Been Self-Inflicted - One Witness in Refusing to Accompany the Accused to the Latulippe Place Told Stewart He

Was Not Like Him Looking for Trouble - Examination Continues Today._______________

Newcastle, N.B., Aug. 30 - (Moncton Times) - The hearing in the Ross murder case was continued this morning. Dr.Loggie was recalled by the Crown. In answer to question as to whether the Ross wound was self inflicted, he said, it was not. Inconnection with splashes on the fence witness said the wound broke blood vessels in the neck, and a spurt of blood would follow.Deceased wore a coat, a hole in collar of which might have been made by some missile.

A piece of slab was here produced in court and shown to witness, who admitted resembled the boards in the fence. Theflat side faced the recess and the Breau road. The approximate angle of the recess in the fence on that side was about 25 degreesfrom the line of fence, with the perpendicular of the road or about 65 with the line of Breau road. The line of missile wouldindicate coming from Tabusintac highway end of Breau road.

In answer to Mr. McDade, witness would not swear the missile which made the hole in the board also caused the death ofdeceased.

To Mr. Davidson - The missiles were similar, but cannot say they were alike.Mr. LeBlanc recalled by Crown gave evidence of having in his possession coat of deceased worn at the time of his death

and of holes in the collar. He was given the coat by Dr. Loggie and directed to keep it by coroners jury. Mr. LeBlanc was directedto bring the coat to court.

Witness continued: The fence was made of slabs, laid lengthwise.Piece of wood shown to witness, who said, it is similar to said fence and the hole is the same as one he saw in the fence;

the flat side was towards the deceased.I have some experience with firearms and bullets he said. I am positive the bullet entered the flat side, the missile came

from the Breau road going towards the bay. I left the body at 11 at night and did not see it again until next morning.

Clyde Munroe

Called and sworn. I live in Tabusintac, know Millett Stewart and James Ross. I helped carry the body of Ross to Savoy’shouse. Stewart and I talked last fall about Mr. Ross. He said they were in trouble over an account; he told Ross he was going to suehim. Ross had said, when you do, you will be out $600,000. Stewart said, “I take from that he means to burn me out, I am going toshoot him”. Cannot say if he said he would do so if he caught him burning him out, or not. I told him he would swing if he shotany man in the head. He said he did not care, so long as he made a good job; he said, if he did it, it would be a good job, and forme, (witness) to remember, and when it was all over I would say he was a man of his word. Stewart said he was waiting to get hisplace fixed up or he would have done it before.

Not Good Friends With Accused.

Under cross examination witness admitted he had business dealings with Stewart which were unsatisfactory.We have not been good friends, he said. I never threatened to kill him. I ordered him off my place. I believed it was mine.

I bought and paid for it; have sold it since. I swear I did not threaten to shoot Millett. I said I would put a bullet through the horse. Iwill not swear that he would shoot Ross, when or if he burned him out. I was asked to give evidence because I must havementioned this conversation to some one who sent my name in. I never mentioned it outside of my house until after the shootingoccurred.

Witness told of a number to whom he told this conversation after the death of Ross. I am not a volunteer witness againstStewart, he said.

I understood Stewart to say he had an insurance policy coming due before August of this year. Do not know if fire or life.In the pulp wood contract Stewart could not keep the contract. I am not out anything.

Witness gave particulars of this deal at length with his reasons for considering Stewart personally responsible and amountof money given him by Stewart. Terms of contract and amount of wood gotten out by witness.

By Mr. Davidson - Have you any feelings against Millett Stewart?Ans. - No. Have no desire to see him unjustly punished.

George Murray

Called and sworn. I live in Tabusintac; know Millett Stewart and James Ross, know of the La Tulippe family; knew theirproperty was sold under some legal proceedings; knew James Ross bought it. Was out in a boat when the Tulippes went out. Onthe day the place was sold I had a talk with Stewart. I said, “you will have a handy neighbour”. He said , “Who?”.

I said, “James Ross”.

Would Stand by the Tulippes


Stewart said he would stand by the Tulippes through thick and thin and before James Ross or any one else got the placeblood would be shed. He went on to tell of his interest in the Tulippe place, had pulp wood on it, said something about the Breaushares. I don’t remember what.

I saw the body of James Ross at the Tulippe gate; saw Dr. Loggie examine him; body was taken to White’s. Dr. Loggiewent with the body. It was the body of James Ross which Dr. Loggie examined.

Adjourned for luncheon.

Afternoon Session

At the afternoon session, the cross-examination of Mr. Murray, by John Nicholson, for defence, continued.I think Ernie Grattan was with me in the shop when I had the conversation with Stewart. Ross was my brother-in-law.

Lewis Martin Called, Sworn

I live in Neguac, was born there; know Millet Stewart and James Ross; remember the day Ross was killed; know theTulippe property, formerly owned by Nicholas Stewart; I live a mile and half below Stewart on the Tabusintac highway. Was notat Tulippe’s place on the day they were moved; I saw Stewart on Tuesday at 12 o’clock on 2nd of August, at his house; he wastalking of the unfair way they were putting the Tulippes out; he went to the phone, called Murray at Chatham, said Ross andDickison were putting Tulippes out of the house; Joe Tulippe had been up in the morning and said they had no papers, what shouldthey do. Stewart said, Murray said they were not to go out of the house; Mrs. Stewart, Millett Stewart, son Wilbur, and I werethere; he said, “Let us go down to Tulippe’s”. I said “What’s the good, let them fight their own battles”. Mrs. Stewart said muchthe same.

Stewart went out of the house, had his gun with him; cannot say what sort of a gun; there was a cloth over the stock,about fourteen inches of barrel sticking out; I went down part of the way with him and turned back about part way; we went acrossthe field to the Stymiest shack; after he left me he went on towards the Breau Road; a shortcut joins Beggs, also Breau roads; Ireturned the same way; stayed at Stymiest shack and waited till Stewart came back; he brought the gun back; Mrs. Stewart went,came back with him; he left the gun by the shack, near a bush a little bit away from the building; he had a sharp pointed knife inhis pocket, saw the blade sticking out; he spoke of the unfair way the Tulippes were used, said he told them to stay in the house;Mrs. Stewart went home; Stewart and I went up th highway; he said he was going to Mrs. Savoy’s; saw him again when I got a bagof meal at Stewart’s, at Tom Savoy’s gate; Stewart and Joe Tulippe were talking; Stewart said Ross had burned the shanty at thecorner and he could prove it; White’s burned one at the shore and ill-will was the father of it all; White had the property advertisedfor sale; Ross bought it; Stewart did not say to me he wanted the property; I then went home; have known Stewart all my life; sawhim drinking; never saw him off his feet; did not see any signs of his drinking that day; have worked for him and cut hay.

Heard No Threats

Cross-examined by McDade - Did you not hear any threats abour Ross or any one; he said he was taking the rifle for self-protection; he appeared to be sober; I know not myself how Ross came to his death.

To Mr. Davidson - At the inquest I said Stewart said “he would kill the son a b----”. I do not know if he meant Ross. I wasat Stewart’s seven days haying; he got in trouble with a man who took the law ofhim. Stewart went to Chatham to see about it; when he came back he was drinking.

To Mr. Davidson - Stewart was a little excited that day.

Anthony Savoy Called, Sworn

Live in Neguac; am married to daughter of Nicholas Tulippe; know theTulippes, Stewart and Ross; Tulippe’s furniture was hauled to my place; was atTulippe’s place that day; I went for a pair of harrows; I got them; I asked Ross if Icould go into the house; he said “Yes”. I saw Millett Stewart that evening; he said tome, “By ----, lets go down there and put them out so the Tulippes can go back in thehouse”. I said “No I am on property of my own, am not looking for trouble”. Hecalled me a coward.

Wasn’t Looking for Trouble

I said I wasn’t like him, looking for trouble; Torrie was there also in thekitchen; I did not see the wagon nor hear how they came; Matt Tulippe heard theconversation; also my wife, Matt’s wife and old Mrs. Tulippe. Joe and Fred slept at

my house; they came in about ten; I closed the doors at ten-thirty and went to bed.Cross-examined by Mr. McDade but nothing new brought out.

Samuel O. Savoy Called, Sworn

Antoine Savoie et son épouseEugénie Latulippe, s.d.

Collection Antoine-Savoie


I live in Neguac; know Millett Stewart; my house is a mile above his; knew James Ross; saw him about a month beforehis death; heard of his death Tuesday night; saw Stewart that evening at his own place about sundown; he called out to me to stop;said why go up so fast; I was going home to my supper; he said “Come in”. I started to follow him to the barn. He said “Hear thenews”. I said “No”. He said “The Tulippes are on the road, you want to help put him in his own house?”. I said “No”. He lifted uphis coat and showed a knife, and says “Don’t be scared. I will butcher the son of a b----”. I said “Why didn’t you do it today”. Hesaid “I was alone - there was a crowd”. I said “They are all away but Ross”. he said then “Let’s go butcher the son of a b----”.

Coming up I called into White’s; Mrs. White said Ross was there alone; I heard Tuesday night that Ross was killed; I gotin a car and went to see.

Cross-examined by Mr. McDade.I did not offer to get a crowd and go put Ross out; there was no talk of shooting.

Fred Allen Called, Sworn

I live at Neguac; know Stewart; my house is about two miles above his; knew James Ross; saw him alive two weeksbefore his death; heard of his death on Wednesday morning; know the Tulippe farm; was not there Tuesday; saw Millett Stewarton that day, about a mile and a half from his place on a bicycle; he asked me if I heard of the Tulippe racket; they were put out onthe road; he said “They had no chance to put them out. He had called up Murray and he told him to take axes and guns and murderthem, but for the sake of his wife and children he did not murder; the Whites since they were in the place were in trouble and law”.

Next time I saw Stewart was on Wednesday afternoon; have had no talk with him since; I saw Ross dead at Tulippe’splace.

Cross-examined - I saw Stewart at George Corrish’s store that day; he seemed to be sober; it was seven o’clock; did notsee any firearms on him then.

Mathew Tulippe Called, Sworn

I am a son of Nicholas Tulippe; I lived with my father, was there when thestuff was taken out; know Millett Stewart and James Ross; heard of Ross’ deathWednesday morning. Witness said Torrie came about 9 a.m. She ran with a smallstick in her hand upstairs; Ross carried her down and outside; all were friendly whenwe parted; John White sold out my father’s property; I am married; I saw Stewart atthe Tulippe place between twelve and one before the agreement was signed; Stewartwas on the woods side of the road; Joe asked me to phone to the sheriff if this waslawful; he told me to go ask Stewart to use his phone; Torrie told me he was there;Stewart said “no damn use to go to the phone, once on the road you can’t do a thing,the only thing to do is fight them out”. He picked up a stone of about four poundsand said “Take this and go behind me; let on you are friendly and when they are notlooking, hit him; I would go kill the whole bunch, but my wife won’t let me”.

I said “No, I won’t get anything”. He sent for Joe. There was no hardfeelings against Ross but against Whites who sold the property; I saw Millet Stewartat Anthony Savoy’s that evening at dark; I was in the kitchen; Torrie came in andwent to the dining room; soon Stewart came in and said “Come down with us to theold home”. I said “No”. Anthony also refused. He said “I’ll go. To my mother hesaid, “Be ready to go back tonight”. He was in his sock feet. Fred and Joe slept atAnthony’s; it was about ten before I went to bed. I was not out of bed when I heardsomeone say Jim Ross had been found dead. Fred and I went down and saw him. Isaw Millett Stewart at the inquest. He said “Too bad about Ross”. I said “Yes”. Hesaid “Oh, it’s all in a life-time”.

Adjourned till ten Wednesday morning.

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Moncton Times, le 1er septembre 1921

END PRELIMINARY HEARING IN ROSS MURDER CASE_______________

Magistrate Adjourned Until Next Tuesday in Order to Have Depositions of Witnesses Transcribed._______________

STEWART A GREAT TALKER_______________

Mathurin LatulippeCollection Antoine-Savoie


Chief of Police of Chatham and Coroner Benson Describe Scenes at Neguac After the Tragedy_______________

Newcastle, N. B. - (Moncton Times) - At this morning’s session of the murder case M. S. Benson, coroner, of Chatham,was called and sworn. He said: Have been coroner 40 or 45 years; conducted inquest on the body of Jas. Ross at Neguac, 3rd dayof August; Dr. Loggie went with me to the Breau road; did not know James Ross personally; body was lying on its back, down theBreau road, near La Tulippe property in a recess of the fence; the body was outside the fence, below the gate, lying close to thefence, with head easterly. Dr. W. Stuart Loggie made an autopsy.

Witness told of the revolver by the side of the body. He gave it to Chief Coughlan. Witness saw where the bullet hadpierced the middle board of the fence.

The hole was 2 feet above the ground. I saw it measured; had piece cut from the fence and took possession of this; kept ittill Chief Coughlan for it.

Piece of board shown witness by the court and identified as the piece cut out.The flat side of the board was toward the body witness said. The hole was smooth on the flat side.Witness said the revolver shown him was similar to the one I picked up. He was not cross-examined.

Did Not See Rifle in Stewart’s Hands

M. Tulippe cross-examined said, Did not see a rifle in Stewart’s hand on the second of August. My family were notwilling to move out; mother defied them to take the stuff out. Saw a revolver in the hands of Adam Dickison; he took hold of Fredto put him out. Before the sale of the property I was in Moncton and Joe was in Halifax.; we gave up our positions. I was sick; Idid not come home to assist parents in regard to property. Stewart was friendly with my brothers. Have known Stewart for years;know he is a good talker.

To Mr. Davidson - The only friction was in the morning; when it was all over all were friendly.A subpoena served on Mrs. Tom Savoy was not pressed at present because of her ill health.

Joseph E. Savoy

Called, sworn. I live in Neguac; know Wharf and Breau road; know Millett Stewart and James Ross; last saw Ross themorning of the day he was killed; heard of La Tulippes being put out that day about 12; heard the place was sold by LeBlanc undermortgage; was at the sale.

I heard Ross was killed, about 6 or 7 next morning.Witness described position of the body as he saw it.Saw Millett Stewart the day Ross was killed at Tom Savoy’s, about 1 or 2 o’clock. We talked. Stewart said: “Is White

going to take possession of everything? If it keeps on I’ll go West. Dan White burned my factory; he was not man enough to makeme prove it; James Ross was one of the gang; Ross burned my shanty; Will Gay was at the bottom of it all; Gay wants the Tulippeplace for horse pasture. Do you know the Tulippe’s are out”.

I told Stewart I passed and saw Tulippe’s stuff out on the road and all was quiet.Stewart said: ”Me, my wife and little boy went through the woods and saw what’s going on. When there I wanted to go

and help the Tulippes, but my wife wouldn’t let me. If I went I would do business.Stewart said he told Tulippe that Murray said to use hot ashes and pepper to defend their place.In Savoy’s he asked me what I thought. I said if Tulippes had settled the mortgage with Whites it would be alright. I do

not know if he had any fire arms, but he had a knife in his pocket, a sheath or hunting knife.Cross examinations: I heard him make no threats; no unusual conversation, he was friendly to the Tulippes.

Did Not Know How Ross Was Killed

I was in my house that night; do not know how Ross came to his death.After intermission Peter Coughlan, Chief of Police, Chatham, was called, and sworn. He said he knew James Ross was

killed the night of Aug. 2nd; was called by Sheriff Cassidy on the 3rd of August; went to Neguac with the Sheriff and AdamDickison to the scene of the crime; saw James Ross lying dead. I heard Dr. Loggie’s evidence as to the position of the body andagree. Description of the gateway, fence and road is correct. Saw a revolver in the hands of Coroner Benson immediately after hereached the body. He gave it to me; I kept it till I gave it into the custody of the court.

Shown revolver and shells, witness identified them as the same. Kept all in my possession until given to the court. I wentto the house of Millet Stewart with Sheriff Cassidy; told Wilbur Stewart, son of Millett, if he would give me the guns, I would notsearch the house; saw two young ladies and a boy in the house. Millett Stewart was not home then. Wilbur brought the guns frompantry off the kitchen. This was Friday, Aug 5th.; kept the guns in charge till delivered to Justice Lawlor.

Witness was shown the rifles, also two marked envelopes. He identified the rifles and writing on the envelopes whichcontained six and four shells respectively. He said these were four shells in the long rifle and six in the short rifle. As far as Iknow, he said, these are the shells taken from the rifles. Witness was not cross-examined.

Evidence for the Crown conclude. The Magistrate took possession of exibits and marked them.


In order to have the evidence prepared to read to the witnesses an adjournment was made until Tuesday next at 10o’clock.

Geo. Corry in his evidence stated that Stewart took four one ounce bottles of lemon from the box.

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Moncton Times, le 6 septembre 1921

MILLETT STEWART SAYS HE WILL PROVE HIS INNOCENCE_______________

Accused in the Ross Murder at Neguac Commited for Trial._______________

COURT SITTING IN DEC._______________

The Other Prisoners Remanded by the Magistrate Until Further Notice._______________

Newcastle, Sept. 6 - (Moncton Times) - Hearing in the Ross murder case was resumed by reading the evidence to thewitnesses and signing of the same. Mrs. Stewart who has attended every session, was present with her son and younger daughter.During the afternoon session the coat worn by James Ross at the time of his death was produced by the court and identified.

At this evening’s session Millett Steward was formally committed for trial at the next sitting of the Supreme Court, thesecond week in December.

In answer to the charge, the accused said: “I am innocent of the crime with which I am charged and will prove myinnocence at the trial.”.

The accused is looking well and does not show any trace of the strain of his preliminary examination.The other prisoners were remanded until further notice.

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The North Shore Leader, le 13 décembre 1921

STEWART SENT UP FOR TRIAL_______________

At the Next Session of the Supreme Court, Which Opens on December 6

The preliminary hearing of Millett S. Stewart, was conducted before Police Magistrate Lawlor on Tuesday evening. Theonly new evidence brought out was the indentification by Daniel White of the coat worn by Ross, on the night of his death.Stewart when asked if he had anything to say, said, “I am innocent of the crime and will prove my innocence”. He was thencommitted for trial at the next session of the supreme court on the charge of murder.

The Supreme Court, meets on Tuesday, December 6th.

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Moncton Times, le 13 décembre 1921

TRIAL OF MILLETT STEWART BEGINS AT NEWCASTLE_______________

True Bills Found by Grand Jury in All Three Criminal Cases Before Supreme Court_______________

Chief Justice McKeown Presiding_______________

A Motion of Mr. Mullin to Quash the Jury List Refused by the Chief Justice._______________

Newcastle, N. B., Dec. 13 - (Moncton Times) - The December sitting of the Supreme Court opened here this morning.Chief Justice McKeown presided. The docket included the following cases:

King vs Millett S. Stewart, murder.King vs William Stewart, attempted rape.


King vs Edward Hachey, theft.True bills were found in all three criminal cases.The first case taken up was that of Millett S. Stewart, charged with the murder of James Ross and to the indictment the

prisoner pleaded not guilty. Daniel Mullin, K.C., St. John and George M. McDade appeared for the prisoner, while Hon. W. P.Jones, of Woodstock represented the Crown.

On the jury being called Daniel Mullin moved for the quashing of the jury lists as the jury had not been properly andlegally summoned.

The sheriff on orders from the Attorney General had summoned a panel of forty instead of the required twenty-one, andan additional panel of thirty.

The judge refused the motion after the point had been argued and the jury was selected as follows:Melvin Lewis, Escuminac; James McNeil, Wayerton; Frank Sullivan, Escuminac; Alfred Nash, Hardwick; Simon Duffy,

North Renous; James Gordon, Lower Newcastle; William Gould, South Nelson; Edward Danville, Chatham; Earle Mallet,Chatham; Joseph Jardine, Newcastle; Jas. P. Grattan, Tabusintac and Patrick Flanagan, Chatham.

Sixty jurors were called before the above were selected which occupied the court until 6 o’clock when adjournment wasmade until 10 o’clock Wednesday.

The crime for which Stewart is being tried is the murder of James Ross, of Tabusintac at Neguac, on the night of August2nd last. Ross had purchased the property of one Nicholas Latulippe near Stewart’s under foreclosure of mortgage and on the dayof his death had evicted the Latulippe family. Stewart as justice of the peace and friend of the family had endeavored to stop theeviction but was unsuccessful. That night about nine o’clock Ross was found lying beside the Latulippe gate, having been struckwith a high powered missile in the neck. Evidence at the preliminary hearing disclosed that Stewart, accompanied by John Savoy,Victoria, Fred and Joseph Latulippe, had gone down by the Latulippe place that evening and a little while before coming to thegate by which Ross body was found, Stewart had got off the wagon with something in his hand resembling a rifle. A few minuteslater two shots were heard and Stewart, regaining the team drove home.

About twenty-five witnesses have been summoned by the Crown and according to Robert Crawford, who has beengathering the evidence, some new testimony will be introduced.

William Stewart, who recently came here from the United States to assist in the defence of his brother, will also face thecourt on the next serious case, that of attempted rape.

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The North Shore Leader, le 16 décembre 1921 (nouvelles du 13 & 14 décembre)

STEWART CASE BEFORE COURT_______________

The adjourned sitting of the Supreme Court opened in the Court House here Tuesday morning, before Chief JusticeMcKeown, with the following criminal docket:

King vs Millet S. Stewart, murder of James Ross.King vs William Stewart, attempted rape. […][…] After receiving the evidence in the criminal cases a true bill was returned against all […] defendants.The first case taken up was of Millet Stewart and on being asked to plead the prisoner pleaded not guilty, Hon. W. P.

Jones, of Woodstock, is the prosecuting attorney, while the prisoner is being represented by Daniel Mullin, K.C., St. John, andGeorge M. McDade, Chatham. The crime for which Stewart is being tried is for the murder of James Ross, of Tabusintac, atNeguac, on the night of August 2nd last.

On the jury being called Mr. Mullin raised objection to the manner in which the jury had been summoned. Instead of thepanel of twenty-one as allowed by law, the Sheriff has summoned forty on order of the attorney general and an additional panel ofthirty. This point was discussed at some length by the counsel on both sides before the jury were called. Of the panel of seventy itwas necessary to call sixty jurymen before the required twelve were selected as follows:

Melvin Lewis, Escuminac; James McNeil, Wayerton; Frank Sullivan, Escuminac; Alfred Nash, Hardwicke; Simon Duffy,North Renous; James Gordon, Lower Newcastle; William Gould, South Nelson; Edward Danville, Chatham; Earl Malley,Chatham; Joseph Jardine, Necastle; James P. Grattan, Grattan’s; Patrick Flanagan, Chatham.

About 25 witnesses have been summoned by the Crown, and, according to Robert Crawford, who has been gatheringevidence, some new evidence will be introduced.

A concidence in the court is that William Stewart, who recetly came here from the United States to assist in the defence ofhis brother, will also face the court on the next serious case, that of attempted rape.

Court adjourned until 10 a.m. Wednesday.Witnesses examined on Wednesday were Dr W. S. Loggie, Chief of Police Coughlan and Daniel LeBlanc, whose

testimony was practically the same as given at the preliminary hearing.

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TRIAL OF MILLETT STEWART CHARGED WITH MURDER_______________

Newcastle, Dec. 14 - (Moncton Times) - Very little new evidence was brought out at the Stewart murder trial here today.When the court opened this morning Sheriff Cassidy was called and asked to explain about summoning the forty jurors on the firstpanel instead of the legal twenty-one and explained that it had been done on the suggestion of the Attorney-General.

Mr. Mullin then moved for the quashing of the panel on the ground that it had been illegally summoned and alsochallenged the jury on the same grounds.

The first witness called for the Crown was Dr. W. S. Loggie, who told of examining the body at the request of theCoroner. He had found the body lying near the Tulippe gate with a wound in the neck that extended through and through. The manhad been dead about twelve hours. The wound was a ragged one and had shattered the spinal column and burst the major bloodvessel of the neck. Both would cause instant death. He would judge the wound was caused by a high powered missile.

Chief of Police Coughlan of Chatham told of being called to go to Neguac to investigate the case. He indentified the pieceof board taken from the fence which contained the hole caused by the rifle bullet, also the revolver found near Ross’ right hand;also the guns and shells that had been seized at Stewart’s home. He had investigated the woods near the Tulippe place and in a spotthat overlooked the recess where Ross met his death were found broken branches and marks in the moss that resembled foot-marks. He had taken the prisoner in charge on August 3rd at the request of the foreman of the Coroner’s jury and brought him toNewcastle jail. He had known Ross for about twenty-five years and he was about forty-five years of age.

Cross-Examined

To Mr McDade: He had laid the information against Stewart. He had also laid like information against Fred Tulippe,Joseph Tulippe, Victoria Tulippe and John Savoy. Each was a separate information and all were charged with the murder of JamesRoss. He had arrested them all and taken them to Newcastle jail. He thought the information against the others was still pending.They were in jail about two months. They were not there now. He had made no search of the Tulippe’s place or Savoy’s for rifles.There was no resistance at Stewart’s when he went for the rifles. It was not unusual for a man like Stewart to have rifles in hishouse.

Daniel LeBlanc told much the same story as at the preliminary examination. He had been at the Tulippe’s and saw Rossand the boys were friendly and working together. He told of giving Ross the revolver that was found near his dead body and alsothat one of the cartridges had been exploded after giving it to Ross before he saw it again. He had found the body near the gatewhen he went down after doing his chores around the house. Ross was dead when he found him. He identified Ross’ coat whichwas put in evidence, showing the bullet wound through the collar.

The North Shore Leader, le 16 décembre 1921 (suite des témoignages de mercredi, 14 décembre, de jeudi, 15 décembre etvendredi, 16 décembre)3

WEDNESDAY[…] Joseph Currie, who keeps a store about two miles from where accused lived was called to the stand and said that on

the night of the inquest into the death of the deceased, Stewart and his son came to his house after he was in bed and got him up.Accused wanted lemon extract. Witness said he dis not have any and accused walked to the shelf and took four bottles of lemonand threw the money on the counter. The price was fifteen cents a bottle, or sixty cents for four.

THURSDAY.When Court opened Thursday morning the Crown called Frederick Allen. Witness said he saw accused Stewart, on the

day before Ross’s death and the accused asked him if he had heard the racket at Latulippes. He said Jim Ross and Adam Dicksonwent there and put the Latulippes out of the house and the witness told the accused they might have a chance to do it. The accusedsaid he had telephoned to Bob Murray and Bob Murray had told him (the accused) to take axes and guns and murder them. Stewartsaid it was for the sake of his wife and children that he did not murder them. Stewart had said to the witness, “Some of these ladswill to go out of this place before long as I have guns in the house that I will use on some of those lads”. The accused appeared tobe sober at the time.

George Murray was next called to the stand. He testified that he had met accused the day the Latullippe place was sold.The witness had told the accused he was going to have a handy heighbor and that James Ross had bought the Latullippe place. Hesaid that he was going to stand back of the Latullippes through thick and thin and before James Ross or anyone else got theLatullippes there would be blood spilt. The accused had said that he had an interest in the place and the Breaus had a share in theplace and he mentioned pulpwood.

3 Le Moncton Times ne donne que le rapport des témoignages des trois premiers témoins de mercredi. Le North Shore Leaderajoute celui de Joseph Curry (mercredi) et les autres de jeudi.et vendredi


Clyde Munroe was called next to the stand. He spoke of having a conversation with the accused a year before the death ofJames Ross. Stewart had said he and Ross were having some trouble over a bill. Stewart had told Ross he was going to hand thebill in for collection. Ross had said, You can figure when you hand it in for collection that you are out $6 000 meaning that hewould burn him up. Stewart said if he caught him around he would shoot him. The accused said he was going to shoot Rossanyway; he said he was going to put a bullet through Ross’s head inside a year. The witness told him he would swing and theaccused said he didn’t mind swinging if he did a good job and he said: “When Millet Stewart done it, it would be a good job”. Theaccused had added that he would have done it long ago, only he didn’t have his business fixed up the way he wanted it.

Clara Savoy testified that the accused came to her home on that day after Ross was killed and said to her that he had justcome from the shore with his wife and he had his rifle and knife. He showed the witness his knife and said: “Only for my wife –and she was so nervous and nearly tore my shirt off me – I would have gone and killed Ross and Dickson”.

Samuel P. Savoy, the first witness in the afternoon, testified that on the same afternoon that Ross was killed he passed thehouse of the accused and the latter called for him to stop ans asked the witness if he had heard that they had put the Latullippes offthe place and if the witness wanted to help that night. Stewart and the witness would put the Latullippes back into their own house.The witness said he did not want to be in the trouble. The accused had then lifted up his coat and had shown the witness a knifeand had said, Are you scared? I will butcher the son of a ___. The witness had asked why Stewart had not gone when the crowdwas there if he wanted to help the Latullippes. Stewart said there would be all away that night and only Ross would be there andsaid, “Let us go and butcher the son of a ___. The witness had refused to go.

Savoy was questioned by Mr. Mullin as to whether he had seen a copy of his former evidence given on the preliminaryexamination and he said he had not.

James R. Lawlor, police magistrate, was the next witness, and identified the deposition of Coroner M.S. Benson, nowdead, taken before him on the preliminary examination. Coroner Benson’s deposition was read into the record of this trial; Mr.Lawlor testified that Joseph and Fred Latulippe, Torrie Latulippe and John Savoy who were in jail at Newcastle charged with themurder of James Ross appeared before him on Sept. 22 and the informations were then read to them. Mr. Davidson , acting for thecrown, had said that he had no evidence to offer and that they were dismissed.

Louis Martin testified that he saw the accused on the day of the death fo James Ross and the accused had told himLatulippe had come to Stewart on that morning and told him Ross had put him out of the house. Stewart had called up LawyerMurray, at Chatham, and told the witness that Mr. Murray had said that if they were in the right to resist or stay and and theaccused then went down to the Latulippes. John Savoy was at the Latulippes’ place the day they were put out the house and hasseen their furniture on the side of the road. The accused had told the White boys were rascals and they had burned down hisfactory and Jim Ross was just as bad and was the leader of them and was one of the gang. Jim Ross had burned his shanty and hecould prove it. Stewart had said the lawyer had told him to stop the Latullippes from leaving the place and to throw ashes in theeyes of any person putting them off. The accused had said he had been down to Latulippes’ place when they were being put outand that if his wife had not been there with him he would have gone to Latullippes’ home and would have settled the business andthere would have been something doing.

Matthew Latullippe testified that he was at home when Ross came on August 2 to put them out of the house. He saw hissister, Victoria, go upstairs, where Ross was moving their furniture ou on the road, with a stick in her hand and she appeared angryand later he saw Ross carry her downstairs and put her out of the house, Stewart had told the witness the only way to hold his placewas to fight.

Stewart had said that he would go over and kill the whole bunch, but his wife would not let him. The accused had pickedup a rock weighing four pounds and had told the witness to go over to the house and when they were not looking to hit them. Thewitness had refused to do this. An agreement was signed in the afternoon of the day Ross was murdered, between Ross and theLatullippes, about giving possession of the property. In the evening, while the witness was at his brother-in-law, Anthony Savoy’splace, the accused had come there with Victoria Latulippe and had asked the witness to come to his old place and drive Ross out,but the witness would not go. Stewart then turned to old Mrs. Latullippe and told her to be ready to move back in the old place thatnight. The witness had heard Ross was dead the next morning. He had noticed the accused was in his sock feet when he came toSavoy’s house on the night of the murder.

Anthony Savoy was next called and said that the accused came to his home on the night of the murder and had wanted thewitness to go down and drive Ross out. The witness would not go and the accused had called him a coward.

John Savoy, the last witness, called to-day testified that he lived across the road from Stewart. About 3 o’clock on Agust2, Stewart came to the witness and wanted to go down and set fire to the woods so that the Latulippe house would be burned. Laterin the day the witness saw the accused load a rifle and he ordered the witness to harness his horse and put a blanket on it, under theharness so the horse would not ne known. The accused had said he would put Ross out of business or murder him. Stewart andVictoria Latullipe got in the seat of the wagon with the gun between them and the witness got on behind. They later picked upJospeh and Fred Latullippe and drove towards the Latullippe place. On the way down the accused was drinking out of a bottle.Stewart threw the bottle at the horse and also hit the horse with his gun. They drove down to the Latullippe place and about fifty orone hundred yards before they reached the gate, the accused got out and the rest drove on. When they got in front of the gate, Joeand Fred got out and walked ahead of the horse down to the road. The witness heard two shots coming from behind him andjumped put of the wagon and ran into the woods. He later went home and the next mroning about 5.30 o’clock the accused was atthe witness’ place and he told the witness to go and tell Joe and Fred Latulippe not to tell any one that he (Stewart) was down theshore the night before.


FRIDAY.At Friday morning’s session, Mr. Daniel Mullin, K.C., John Savoy was cross-examined by the counsel for the accused.

Savoy stated that he saw Stewart put a bolt of iron in the wagon. Stewart and Victoria Latullippe got in the wagon and drove downtowards Savoys. He noticed a rifle in the wagon between Stewart and Victoria. While driving by the school Stewart took the rifleand struck the horse, which jumped and broke the traces. They drove to Anthony Savoy’s. Stewart and Torrie got out and wentinto the house, stayed about twenty minutes. They drove back down the road and met Joe and Fred Latulippe. Stewart asked themto go back with him to their old home, which they [..] to do. After some talk they said they would not go down if there was to beany shooting. Stewart said he would not shoot unless he had to. They then went to Savoys and joined Stewart and party and theydrove down towards the LaTulippe place. When about one hundred yards from the gate Stewart got off and took the rifle with him.Before he got off he gave Victoria the iron bolt and told her to break into the house, and he would come behind. She replied shewould not go near the house. When the team was passing the gate the Latulippe boys passed the wagon walking fast, and wentaround the turn in the road. When the team got to the turn of the road he heard two shots. He struck the horse with the reins anddrove about one hundred yards, on the other side of the bridge, and jumped out and ran into the woods. Stewart cam to witnesshouse about five-thirty next morning and woke the witness up, and told him Ross was dead. He saw Stewart later and he asked himto go to Anthony Savoy’s and tell Joe and Fred not to tell he was down to the shore that night. Stewart said he had had no gun,only a stick in his hand.

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ONE OF CROWN’S STAR WITNESSES ON STAND TODAY_______________

In All Nine Witnesses Have So Far Been Examined in the Stewart Murder Trial at Newcasle._______________

Newcastle, Dec. 15 - (Moncton Times) - The third day of the Stewart murder trial shows little headway being made. In allnine witnesses have been examined. Those on the stand today were James Murray, Clyde Munroe, Mrs. Thomas Savoy, LouisMartin and Mathew Tulippe, who gave very much the same evidence as at the preliminary hearing about threats made by Stewartagainst Ross.

Just before adjournment was made this afternoon John Savoy one of the star witnesses for the Crown, was called. Savoyis the young man who drove Stewart to the Tulippe place on the night of the murder and was at one time charged with the crimehimself. His evidence will be taken tomorrow morning.

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WITNESS SWEARS MILLETT STEWART TOLD HER THAT HE HAD SHOTJAMES ROSS

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Sensational Evidence Given Friday by Victoria Latulippe, Crown’s Star Witness in the Neguac Murder Case._______________

Witness Says She Saw the Accused Going Towards the Latulippe House Carrying a Rifle and After She Heard Two Shots,He Came Back and Said he Had Shot Ross - Stewart Added that Ross Had Fired at Him First - The Accused Threatenedthe Witness at the Inquest that She Would Get All that Was Coming to Her if She Told What He Had Told Her - Witness

Under Cross-Examination When Court Adjourned._______________

Newcastle, Dec. 16 - (Moncton Times) - Some very damaging evidence was given at the Stewart murder trial here today.Miss Victoria Latulippe occupied the witness stand all the afternoon.The morning session was taken up with the cross-examination of John Savoy and nothing new was brought out.Mrs. Eliza Ross, widow of the mudered man, gave evidence of a quarrel between Stewart and her husband in February

last.Miss Victoria Latulippe said she was twenty nine years of age; had worked for Millett Stewart for a year and a half

previous to the murder. She had gone to her father’s place between nine and ten o’clock in the morning of August 2nd. JamesRoss, Adam Dickison and Elmer Munroe were taking out her father’s furniture out of the house. She took a stick and went into thehouse and went upstairs. She struck Ross over the head with the stick and he took her and carried her out of doors. She saw AdamDickison threatening her brother Fred, with a revolver, if he did not go out of the house.


Stewart’s little boy, she said, came along and called her out on the road and told her that his father was in the woods andwanted to speak to her. She went into the woods and saw Stewart, also Mrs. Stewart. Stewart had a knife about a foot long andasked her to take it and drive them out of the house. She declined and Stewart put a rock in her hand and told her to go up behindthem and hit them with it.

Going to Put Ross Out

She would not take the rock and went away. Stewart said to send Joe to him, which she did. She next saw Stewart at hishome that afternoon. That evening Stewart asked her to go down to her old home. She said she did not want to go, but finallyconsented. he said “Come on down, we are going to put Ross out of the house”. She put on her coat and went out into the yard.She saw John Savoy put the horse in the wagon, it was an express wagon with one seat. Stewart had an old grey hat and a longgrey coat. She had never seen Stewart wearing it out before; he also wore white sneakers. There was a blanket on the horse underthe harness. Stewart sat on the left side of the wagon, witness on the right. John Savoy behind the seat. She saw Stewart put a boltof iron about a foot long and half an inch thick in the wagon. She also saw a rifle in the wagon; it was leaning on the seat betweenher and Stewart.

They drove down the Tabusintac Road. Before they got to the Breau Road Stewart took his boots off. They drove toAnthony Savoy’s and Stewart asked Anthony to help them put Ross out, but she did not hear Savoy’s answer. They then got in thewagon again and drove back up the road. They met Joe and Fred Latulippe coming with a load of furniture. Stewart asked them tocome back with him and put Ross out. They declined and he called them cowards. They then said they would come as soon as theyput the horse in the barn. While waiting for them Stewart drank half a bottle of beef, iron and wine. When they came back Joe saidhe would go if there was to be any shooting. Stewart said he would not shoot unless he had to.

Heard Two Shots

Before they came to Latulippe place Stewart gave witness the iron bolt and told her to go ahead and break in the door andhe would come behind. She said she would not. Stewart got off the wagon about fifty yards from Latulippe gate. He took the riflewith him. They drove on, the horse walking. When opposite the gate, Joe and Fred got off and walked fast past the horse towardsthe bridge. She glanced towards the house and saw a dark object near the gate. She could not swear it was a man; if it was he wasnot standing up.

When near the bridge she heard two shots like rifle shots about three seconds apart. Savoy hit the horse and made him trotfor about a hundred yards, then stopped and Savoy jumped off and ran into the woods. She stayed in the wagon for about fiveminutes, then Stewart came up.

Accused said: “I Shot Him”, Witness Swears

He out the rifle in the wagon and said “I shot him”.Witness said “For God’s sake, what are you saying?”.He replied, “I got him”.Witness asked “Did you see him?”.Stewart said “Yes, he was standing by the gate and I saw him fall. He will never enjoy the Latulippe place anyway. He

fired at me first”.They then drove home. All the way Stewart kept saying “Save my life: save my life. don’t tell on me”.

Told Witness to Say Nothing

When we got home he got out and started for the house and I called him back to help me put the horse in which he did;we just turned him into the barn, harness, blanket and all. Mrs. Stewart and two children were there when we got home. That nightStewart came to witness room door and asked her if she thought he killed Ross, to which she replied “I don’t know; go to yourbed”.

Next morning Stewart told her not to say anyhting for everything would be all right. This took place in the yard. Thehorse was in the yard and still had the harness and blanket on. He also asked her to go down and tell Joe and Fred not to tell thatthey had been on the shore. She promised to go down and did so in the afternoon. She saw no rifles fired that night and did notknow who killed Ross.

She saw Stewart at the inquest. He asked her not to tell he had a rifle and she promised she would not. The next day at theinquest Stewart asked witness, “What are you going to tell?”. To which she replied “I’m going to tell the truth”.

Witness was Threatened

Stewart said “If you do, you will get all that’s coming to you”. [Willser] Ross heard him make that threat. Stewart said“I’m going to swear I had no rifle”.

Witness said “If you do, it will be a false oath” to which he replied “I don’t give a damn for a false oath”.


Cross-Examined

Under cross-examination for over two hours by Daniel Mullin, for the defense, the witness remained unshaken in herevidence and was still on the stand when court adjourned until 10 o’clock Saturday.

During the morning session one of the jurors, Joseph Jardine, was taken ill but was able to remain.

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PROSECUTION NEARING END IN STEWART MURDER TRIAL_______________

Great Interest Taken in the Trial, the Court Being Crowded at Each Sitting._______________

Witnesses Called Saturday_______________

The Defence, it is Understood, Has a Large Number of Witnesses to Call_______________

Newcastle, N. B., Dec. 17 - (Moncton Times) - The prosecution in the Stewart murder case is nearing an end and but oneor two witnesses remain to be called on Monday, but the defense, it is understood, will have a large number to testify on behalf ofthe prisoner.

Those who gave evidence today were Victoria Latulippe, under cross-examination by Mr. Mullin, who failed to shake hertestimony at all. Alex. LeBlanc identified a piece of fence taken from the Latulippe place with a bullet hole in it; Police MagistrateLawlor regarding some depositions; Dr. W. S. Loggie and Joseph Latulippe whose evidence corroborated that given by VictoriaLatulippe; and John Savoy about the visit of Stewart, Savoy and the three Latulippe’s to the scene of the murder on the night of thecrime.

Fred Latulippe the other member of the party who has not given evidence was called just before court adjournment.Unusual interest in the trial, the court house being crowded to the doors at each session.

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WIFE OF ONE OF THE JURORS ILL, STEWART TRIAL ADJOURNED_______________

Newcastle, N. B., Dec. 19 - (Moncton Times) - Owing to the serious illness of Mrs. Patrick Flanagan, of Chatham, wifeof one of the jurors in the Stewart murder case the trial was postponed this morning until Tueday at ten o’clock. Stewart, theprisoner, who has been in a very nervous condition is reported to have collapsed while being taken to jail on Saturday evening.

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CROWN CASE CLOSED IN STEWART MURDER TRIAL_______________

Defence had Two Witnesses on the Stand Yesterday - No New Evidence Brought Out._______________

Newcastle, Dec. 20 - (Moncton Times) - The Crown finished its case in the Stewart murder trail today. The last witnesscalled for the prosecution was Fred Latulippe, who occupied the stand almost the entire day. He told of going down to the scene ofthe crime on the night of the murder, and corroborated the evidence given by his siter, Victoria Latulippe, and his brother, Joe,with the exception that he saw no firearms on that night.

He was vigorously cross-examined by Mr. Mullin but stuck to his story as given at the preliminary hearing.The defense called Daniel LeBlanc who was also a Crown witness, regarding the mortgage on the Latulippe property and

Adam Dickison, who was one of the constables who evicted the Latulippe’s, but their evidence was of minor importance.

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STEWART MURDER CASE NEARING CLOSE_______________

Son and Daughters of Accused Give Evidence._______________

Newcastle, N.-B., Dec. 21 - (Moncton Transcript) - At the afternoon session, the cross-examination of FrederickLatulippe was continued. He had not heard his brother say what Ross needed was lead. The witness was closely questioned on theevidence he had given at the preliminary trial.

Peter Coughlan, chief of police of Chatham, was then called and swore that he took the accused down to the inquest in acar on August 4 before Coroner Benson, and on that day the accused was under the influence of liquor.

Hon. W. P. Jones then announced that the case for the Crown was concluded.George M. McDade then opened the case for the defence and called as the first witness John LeBlanc. This witness

testified he had held a mortgage on the Latulippe property and the place was sold under mortgage sale on July 5, last. The witnesssaid he was down in the road in front of the Latulippe property on August 2, the day Ross was murdered, and was talking withMrs. Latulippe when Joe and Fred Latulippe came along the road to take a load of furniture. The boys appeared to be ugly towardsthe witness. One of the boys told their mother not to be talking with them d--- things, for they are no good. They were nothing butP.E.I.’s and what they needed was lead.

To Mr. Jones, witness could not say whether it was Fred or Joe Latulippe who made these remarks. He was not looking atthem at the time and did not know which one it was by his voice.

Adam Dickison was [then] called by the defence. He is a first cousin to the accused. He was at the Latulippe placehelping Jim Ross the day he put the Latulippes off the property. The witness was in the house when the Latulippe girl ran upstairswith a stick, where Ross was moving the furniture out at the time. The witness heard screams upstairs, and old Mr. Latulippe andhis two sons were in the kitchen at the time, and there was a hammer and chisel and wrench on the table, and the three Latulippemen each grabbed one of these tools and started upstairs. The witness tried to shove them back in the kitchen and later pulled out arevolver and ordered them out of the house. It was after that Fred Latulippe made a threat that they were going to get it, and get itgood.

On cross-examination, the witness said after this incident a paper was signed and then everything was friendly betweenthe parties.

The court then adjourned until ten o’clock on Wednesday morning.

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BOTH SIDES SUM UP THE TRIAL OF MILLET STEWART AT NEWCASTLE._______________

Newcastle, N.-B., Dec. 22 - (Moncton Transcript) - At the trial of Millett Stewart, charged with the murder of JamesRoss, after both sides had summed up, Chief Justice McKeown began his charge to the jury last evening. The charge wasuncompleted when adjournment was taken at 11 p. m.

The first witness called for the defense yesterday was Marion Stewart, eldest daughter of the accused. She was absentfrom home on July 6, when the Latulippe place was sold, and also on Aug. 2, when James Ross took possession of the Latulippefarm and on which date he was murdered. The witness, however, testified that she had a conversation with Victoria Latulippe withreference to the sale of the homestead. The witness then produced some photographs showing the Latulippe house and the Breauroad and the surroundings.

Martin Riggle was next sworn as a witness and produced a piece of fence post from the Latulippe farm with bullet holesin it.

Had Fired at Post

Alexander Loggie testified that he had fired at this post with a 38-55 cartridge and showed where it had entered the woodand gone right through the post and another board and the bullet was found in the ground.

Ethel Stewart, youngest daughter of the accused, gave evidence that she saw Joseph Latulippe at her home on Aug. 2, theday of the murder and he wanted to see her father. She saw Victoria Latulippe going through the field towards her home after herbrother had been up to the Stewart house and down to a hill near the Latulippe house and saw James Ross there and heardscreeching and saw Ross carrying Victoria out of the house.

W. H. Teed, a barrister of Newcastle, was called to the witness stand and testified that Joseph Latulippe and the accusedcame to his office last summer to consult him professionally in regard to the Latulippe place. The witness subsequently went downto Neguac and protested against the sale of the Latulippe property under mortgage sale because he believed Joseph Latulippe hadan interest in the property.


Wilbur Stewart, eldest son of the accused, testified he was with his father at Joe Currie’s store on the night of the murderand his father bought four bottles of lemon extract. The witness also was at the inquest with his father and heard his father askVictoria Latulippe, “What are you going to say?”. Victoria said she was going to tell the truth and the accused said, “Yes, Torrie,tell the truth”.

Defense Sum Up

At the close of the evidence for the defence, Mr. Mullin cited many legal authorities to his honor, bearing on the case. Mr.Mullin then addressed the jury. He said the crime of murder was the most important in law. The burden was on the Crown toestablish beyond a reasonable doubt the guilt of the accused. The main witnesses for the Crown, Victoria, Joe and Fred Latulippe,and John Savoy, were accomplices, and their evidence could not be accepted. There was no motive for the accused to murderJames Ross. He was acting for the Latulippes as a justice of the peace in a friendly way. Mr. Mullin said he was not charging thecrime to any one. If the accused intended to murder James Ross would he take four others with him at the time. Would he not morelikely go alone with no one to see him?

According to evidence of Daniel LeBlanc his impression was that Ross had shot himself. The Crown has not proved itwas not a case of suicide. The second theory of the defence is self-defence. Ross had a revolver that night of the murder and therewas one chamber discharged. The evidence points to the Latulippe boys having a motive, whereas there has been no evidence toshow that the accused had a motive. If the jury attached any importance to Victoria’s Latulippe statement, that the accused said heshot Ross, they must also take the statement that the accused told her that Ross fired first; therefore the accused fired in self-defence. Neither Fred or Joe Latulippe could swear the accused had a rifle on the night that Ross was killed. If they took the timegiven by the witness for the Crown, Ross was dead when the accused went there that night. The evidence raised a reasonabledoubt. Mr. Mullin concluded.

Case for the Prosecution

Mr. Jones then opened the case to the jury for the Crown. He said they should not be moved by sympathy for the prisoner.There also was the family of the murdered man, Ross, to be considered. The accused had made threats for more than a year that hewould shoot Ross, or murder him, and had accused Ross of burning down his shack. Therefore the accused had a motive formurdering Ross. The accused was a justice of the peace and Mr. Jones asked the jury if it was proper for a justice of the peace toenforce his authority by taking a rifle and taking his boots off and putting a long dust coat on and a blanket over the horse so itwould not be known and go to put a man out of his house that way. The defence sought to establish that the Latulippes had aquarrel with Ross, but Mr. Jones contended that the trouble had been settled and an agreement reached and they were friendlyafterwards. Mr. Jones also said it was a not a case of suicide, as according to Dr. Loggie, Ross could not have shot himselfaccording to the location of the wounds in his neck.

Chief Justice McKeown began his charge to the jury at 8:30 p.m., but was unable to finish by 11 o’clock and adjournmentwas made to 9:30 a.m. today.

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MILLETT STEWART’S FATE IN HANDS OF THE JURY_______________

Defence Finished Yesterday Morning but Accused Was Not Put on the Stand - Judge’s Charge to Jury last Evening._______________

Newcastle, N. B., Dec. 21 - (Moncton Times) - The final stage of the Stewart murder trial was reached tonight. Thedefense closed its case this morning without calling the accused to the stand. Daniel Mullin in an address of three hours durationmade an eloquent plea on behalf of the prisoner. He was followed by Hon. W. P. Jones on behalf of the crown who finished hisaddress at 6:15 when adjournment was made until 8:30, when the Judge delivered his charge to the jury.

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Moncton Transcript, le 23 décembre 1921

MILLETT STEWART FOUND GUILTY OF MANSLAUGHTER_______________

Remanded Until January 4th for Sentence._______________


Newcastle, N. B., Dec.23 - (Moncton Transcript) - The jury at the Stewart trial, after deliberating six and one-half hourson Thursday, returned a verdict of manslaughter. The prisoner was remanded till January 4th for sentence.

His Honor Chief Justice McKeown completed his charge to the jury Thursday morning, and the jury, after being out fortwo hours, returning to court and asked His Honor for further instructions on the question of self-defence, murder andmanslaughter. After having received these instructions, the jury again retired and, after being out for six hours brought in a verdictof manslaughter.

Millett Stewart was being tried on the charge of murdering James Ross at Neguac on August 2nd last.

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The World, Chatham, décembre 1921

[…] The jury discussed the matter for six hours and ten minutes and then returned a verdict of manslaughter. It isunderstood that ten of them was for a verdict of murder and that the other two held out against it, but consented to a finding ofmanslaughter. Those two were, we are told, Earle Malley and Eddie Danville. The sentence will be given on Monday.

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Moncton Times, le 3 janvier 1922

MILLETT STEWART SENTENCED AT NEWCASTLE TODAY_______________

Trial of His Brother, William Stewart, on the Charge of Attempted Rape Begins This Week_______________

Newcastle, N. B., Jan. 3 - (Moncton Times) - The Supreme Court reopens at Newcastle, N. B., on January 4th, whenMillett Stewart will receive sentence in the Ross murder case, and William Stewart will be tried for attempted rape.

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WILLIAM STEWART FOUND GUILTY AT NEWCASTLE_______________

Newcastle, N. B. Jan. 4 - (Moncton Times) - At this afternoon’s session of the Supreme Court, the trial of WilliamStewart on the charge of attempted rape was proceeded with behind closed doors. The jury returned a verdict of guilty with arecommendation to mercy.

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RESERVE CASE FOR MILLETT STEWARD IS REFUSED_______________

Prisoner Will Probably be Sentenced by Chief Justice McKeown Today._______________

Newcastle, N. B., Jan. 4 - (Moncton Times) - When the Supreme Court resumed this morning Daniel Mullin on behalf ofMillett Stewart, who was convicted of manslaughter, moved for a reserve case on the grounds that the jury was improperlysummoned; that the judge did not charge the jury on the point of accomplices and that the protection of the prisoner who did nottestify on his own behalf was not granted, as the prosecution had made reference to the fact that the prisoner had given evidencebefore the coroner’s jury.

After hearing arguments by both Mr. Mullin and Mr. W. P. Jones, Judge McKeown refused the application for an appealcase.

The prisoner will be sentenced before court adjourns, likely tomorrow.The trial of Wm. Stewart, charged with attempted rape was held behind closed doors this afternoon.

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MILLETT STEWART GETS 15 YEARS IN MARITIME PENITENTIARY_______________

William Stewart, His Brother Given Three Years - Sentences Imposed by Chief Justice McKeown._______________

Newcastle, N.-B., Jan. 7 - (Moncton Times) - In the Supreme Court here this morning Chief Justice McKeown passedsentence on Millett S. Stewart, who was convicted of manslaughter in connection with the James Ross at Neguac on Aug, 2nd last,and his brother, William Stewart, found guilty of attempted rape.

The former was given a term of 15 years with hard labor in Dorchester pentitentiary and the latter three years in the sameinstitution. Millet Stewart before being sentenced protested his innocence.

The North Shore Leader, le 27 septembre 1929

CATTLE-SHOOTINGAFFRAY AT NEGUAC

_______________

Walter McKnight’s Cattle Peppered With Bird Shot While in Millet Stewart’s Field_______________

As a result of a disagreement between two residents of Lower Neguac, Walter McKnight and Millet Stewart, the latter hasbeen arrested charged with shooting cattle belonging to the former, and is now out on bail.

The alleged offence took place on Saturday morning, the 14th, when a cow and a yearling bull belonging to McKnightwere found to have been wounded with bird shot while they were in Stewart’s field, where they evidently had wandered. The latterwas arrested on Wednesday, the 18th, by the Provincial Police on information that was laid before them. Officers Boby andMcMahon brought Stewart to Necastle where he was later released on bail by the magistrate.

How long the trouble had been brewing, has not been found out, nor whether the trespassing of the cattle was an old andrepeated offense. The police say the method to adjust such annoyances is to notify the proper official and have the cattle put intothe pound and the owner would have to pay them out.

It is thought that the case will come up soon for a hearing and both sides will be given a chance to state their grounds ofcomplaint.

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The North Shore Leader, le 11 octobre 1929

CIRCUIT COURTRESUMES TUESDAY

_______________

[Newcastle, N.B.] The fall term of the Northumberland Circuit Court was resumed at the Court House here Tuesdaymorning, Mr. Justice Corcket presiding.

[…] The next case on the docket is the King vs. Millet Stewart, charged with malicious injury to cattle. Evidence in thiscase was commenced on Wednesday and continued on Thursday, J.A. Creaghan, prosecuting and R.T.D. Aitken for the defendant.The jury in this case is composed of Joseph Washburn, Albert Coughlan, John Murphy, Edmond X Robichaud, Oliver Hachey,Ernest McDonald, Wm. Burchill, Milton Galloway, Bernard Williston, John Blakely, E.A. Chaplin and Frank Sullivan. …

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The North Shore Leader, le 18 octobre 1929

[Newcastle, N.B.] … A new trial has been ordered in the case of Millet Stewart, which trial was postponed until the Maysession, Judge Barry presiding.

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The North Shore Leader, le 30 mai 1930

SUPREME COURTIN SESSION HERE

_______________


[Newcastle, N.B.] … The spring sessions of the Northumberland Circuit Court opened at the Court House at 11 o’clockTuesday morning Hon. Mr. Justice A.T. LeBlanc of Moncton presiding. …

The King vs. Millet S. Stewart, charged with wounding cattle. This is a remanet from the October term of court, sent backon appeal when the jury disagreed. J.A. Creaghan prosecuting and R.T.D. Aiken for defendant. …

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The North Shore Leader, le 27 juin 1930

COUNTY COURTIN SESSION

_______________

Millet Stewart Sentenced to 5 Years in Penitentiary

[Newcastle, N.B.] The adjourned session of the Northumberland County Court, was resumed on Tuesday, when thefourth case on the criminal docket The King vs. Millet S. Stewart charged with unlawfully wounding cattle, was commenced. Hon.Mr. Justice A.T. LeBlanc4 of Moncton is presiding. This case is a remanet from the October court, sent back on appeal when thejury disagreed.

During the evidence of Mrs. McKnight on Tuesday Stewart who was in the prisoner’s box, called out that Mrs. McKnightwas lying. The judge remanded him to jail at once. The evidence of Mr. and Mrs. McKnight, Mrs. Simpson, Mr. Savoy andProvincial [policeman] Boby was heard. Their evidence was practically the same as in the former trials. J.A Creaghan conductedthe prosecution , R.T.D. Aiken appearing for Stewart.

Evidence was concluded on Thursday and the jury brought in a verdict of guilty. Stewart was sentenced to 5 years in thepenitentiary.

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The North Shore Leader, le 31 janvier 1958

MILLET STEWART

On Saturday, January 18, the death of Millet Stewart occurred in Sussex Memorial Hospital, where he had been a patientfor one week. He was born in Neguac in 1876 and his parents were Mr. and Mrs. William Stewart. His mother’s name beforemarriage was Ann Murray. Mr. Stewart was the last member of his family. The others were Everet, Alexander, William, Chester,Marjorie, Bessie and Ann.

His first wife, nee Miss Bessie Johnston, died many years ago. Children of this marriage were: Ward, of Detroit; Wilbur,who lived in Detroit and died a few years ago; Marian, Mrs. Clive Underhill, of Moncton and Ethel, Mrs. Robert Kelly, of NewYork. His second wife was the former Miss Rosanna Gautreau of Legaceville, and the second family were: Everett, of Toronto;Burton, of Saint John; and Mercedes, Mrs. William West, of St. Thomas, Ontario. There are eight grandchildren.

Reverend D.F. Murray conducted the funeral services at St. Andrew’s United Church here and at Riverside Cemetery onWednesday afternoon. St. Andrew’s choir sang two hymns. James McCallum, Alexander Grattan, Borden Beattie, Mons Beattie,John McKenzie, Edgar Hierlihy were the pallbearers. Relatives from a distance were Mr. and Mrs. Clive Underhill, and son Blissand daughter, Marian, Moncton. Ward Stewart, Detroit, Everett Stewart, of Toronto, Burton Stewart, of Saint John, Mr. and Mrs.William West of St. Thomas, Ontario.

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GÉNÉALOGIE DE LA FAMILLE STEWART

Millett Salter Stewart, fils de William Bryant Stewart5 et Ann (Annie) Murray6, n. 15 janvier 18767, dcd. 15 janvier 19588, inh.Riverside Cemetery, Tabusintac; ép. (1) 01-01-1901 Elizabeth Jane Paulina (Bessie) Johnston, n. 18 octobre 1881, bapt. 12-11-1881, dcd. 1925, inh. Riverside Cemetery, Tabusintac; ép. (2) 07-03-1927 Rosanna Gautreau, de Loggieville9.

4 Arthur LeBlanc, avocat, né le 3 octobre 1879, fils de Thomas LeBlanc et Marie LeBlanc, de Memramcook. Etudes classiques àl'Université St-Joseph B.A., en 1900. Admis au Barreau en 1905. Marié en 1907 à Mariie Mclnnes. Elu député à la législature pourle comté de Restigouche en 1917. Conseiller du Roi en 1921. Nommé juge de la Cour Suprême en mars 1924. M.A. 1925, L.L.D.1931, de l'Université St-Joseph, L.L.D., Laval 1925. Crée Chevalier de St. Grégoire en juin 1937 par Pie IX.5 William Stewart était le fils de Adam et Abigail Stymiest (Informations : Carmen Williston, Chatham/Miramichi)6 Annie Murray était la fille d’Alexander et Marjory Loggie (Informations : Carmen Williston, Chatham/Miramichi)7 APNB, Lower Neguac, 9-3-130-247, F14024


Enfants du 1er mariage :

1 Wilbur Lawrence Stewart, n. 09 août 1901.2 Frances May Stewart, n. 02-1904, dcd. 12-19063 Bryant Stewart, n. 18-11-1905, dcd. 25-11-19054 Millet Salter Stewart, n. 06-08-1904, dcd. 02-09-19044 Ethel Agnes Stewart, n. 25 février 1908; ép. Robert Kelly.5 Ward Millett Stewart, n. 08 août 1910.6 Marian Stewart; ép. Clive Underhill.

Enfants du 2e mariage :1 Everett,2 Mercedes; ép. William West

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DOSSIERS DE MILLETT S. STEWART ET DE SON FRÈRE WILLIAM STEWART :Penitentiaries Records – Dorchester, APNB, Microfilm F-854

Number : M 606 M 607Date admitted : January 13, 1922 January 13, 1922Name : Millett S. Stewart William StewartAlias : - -Civil state : Married MarriedCommitments : - -Age : 47 51Weight : 158 154Height : 5' 9" 5' 8"Complexion : Dark DarkEyes : Blue BlueHair : Brown BrownSpecial mark : 1st finger, left hand, crooked 2nd 3rd toe, left foot, webbed Blue birth mark, right shoulderRead : X XWrite : X XTotal abstainer : - -Temperate : X XIntemperate : - -Occupation : Business man CarpenterWhere born : Lower Neguac TabusintacReligion Presbyterian PresbyterianFrom what county sent : Northumberland NorthumberlandCrime : Manslaughter AssaultDate of sentence : January 7, 1922 January 7, 1922Term : 15 years 3 yearsBy whom sentenced : Judge McEwen Judge McEwenCourt : Supreme SupremeDate of discharge : February 5, 1923 June 30, 1924Remarks : License10 Expiry

8 North Shore Leader , 31 janvier 1958.9 United Church Records, Chatham, NB10 License = Permis. Le 11 août 1899, le Parlement canadien adoptait la Loi concernant la libération conditionnelle des détenus ouLoi sur les libérations conditionnelles. Le gouverneur général peut, au moyen d'un ordre par écrit sous le seing et sceau dusecrétaire d'état, accorder à un condamné à la peine d'emprisonnement dans un pénitencier, une prison, ou une autre prisonpublique ou maison de correction, un permis d'être en liberté au Canada, ou dans toute région du Canada que mentionne le permis,pendant la partie de sa période d'emprisonnement et aux conditions, sous tout rapport, que le gouverneur général juge convenable.Le gouverneur général peut, à l'occasion, au moyen d'un ordre analogue par écrit, révoquer ou modifier ce permis. Référence :«Historique de la libération conditionnelle au Canada» - http://www.npb-cnlc.gc.ca/about/parolehistory_f.htm


DOSSIER11 DE MILLETT S. STEWART: Penitentiaries Records – Dorchester, APNB, Microfilm F-855

Date admitted : October 6, 1930 Name : Millet S. StewartPrevious Penit'y commitments: 1 Civil state : Married Age : 55Weight : 145 Height : 5' 9"Complexion : Dark Eyes : Blue Hair : Dark brownSpecial mark : 1st finger, left hand crookedSocial habits :- Total abstinence -- Temperate X- Intemperate -- Drug addict -Creed : United Church Nationality : CanadianRace : White Where born : Lower Neguac, NBOccupation before conviction: Business manCrime : Wounding cattle Where sentenced : Newcastle, NBTerm years : 3Date sentenced : September 9, 1930 Court : Supreme Judge : LeBlancRemarks : Sentence reduced from 3 years to 3 years under appeal

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TEXTE DE MILLETT S. STEWART (PLAIDOYER)

N.B. Le document suivant est fragmentaire et fut trouvé dans les murs de la demeure de Millett Stewart après que cedernier eut déménagé sur la route Chatham-Bathurst. Le texte se veut un plaidoyer adressé à un juge ou à un individuquelconque en vue d’obtenir une libération. La document aurait été rédigé vers le mois d’octobre 1931 lors de sonincarcération à Dorchester et comptait à l’origine onze pages. Seulement cinq de ces pages existent aujourd’hui et sontconservés précieusement par M. Leo Ross, de Tabusintac. Ce dernier est le petit-fils de James Ross. L’AHCN désireremercier M. Leo Ross pour toute sa contribution dans la présentation d’un autre chapitre de notre histoire.

[Page, sans numérotation]

Immediately after this sale in the first part of July 1921. On the same day Ross went to the La Tulipe in a drunk anddisorderly condition ordering the family out. Nicolas La Tulipe that [.] threatened his life if he bothered him. He pointed to his gun[standing in] a corner of the house telling him that it was being [k…]. The three La Tulipe boys Joseph, Fred and Matt hungaround their home waiting [and] watching when early in the morning on August 2nd 1921, Ross broke in upon them with twoaccomplices namely Adam Dickenson and Elmo Munroe, all very much under the influence of liquor and flourishing firearms forthe purpose of expelling the La Tulipes.

Joseph La Tulipe rushed to my home begging my assistance, imploring me to go to his home. I did not go but advisedhim to go back and resist, it was his home and to fight for it. At noon he again returned. I still refused to go. He then left a phonecall for the Hon. Robert Murray of Chatham who was well versed in the matter of the La Tulippe property. Later Mr. Murraycalled and asked me to go down and convey his message to Joseph La Tulipe. I went accompanied by my wife and hired manLouis Martin, to a short road that came out opposite the La Tulipe home and delivered the message which was “To fight and resistbeing expelled, to hold on to their property, they were in the right”.

While there I saw Ross and his two accomplices throwing the La Tulipe household effects over the fence on to thehighway. I also examined the arms and breast of Miss La Tulipe which were black and blue from the effects of Ross dragging herdownstairs. A little distance away I saw the notorious magistrate James W. Robertson gloating over his crime. I immediatelyreturned home having no conversation with any of them except Joseph and Miss La Tulipe.

About five o’clock p.m. Miss La Tulippe returned to my home where she was employed as a domestic servant, sheinforms me that [her] father and mother had gone to her brother-in-law’s home, all their effects were out of the house and that Rossand his accomplices after locking the house had gone home. That evening I accompanied her and one John Savoie down to see herfather and mother at [her] brother-in-law’s. I spoke a few moments to Mr. & Mrs. La Tulipe. I was returning home when we metJoseph and Fred La Tulipe about a quarter of a mile from the house on the main road. [They] stopped us and I waited a few

11 Certaines données dans le dossier nous semble erronées ou ne peuvent être expliquées pour le moment. La date de condamnation(Date of sentence) selon le texte du North Shore Leader fut au moins de juin 1930; son dossier indique le 9 septembre 1930. Il esttoutefois possible que Stewart aurait fait appel de sa condamnation plus tard à l’automen de 1930. Selon ce même dossier, lenombre d’années à purger sa peine est de trois années plutôt que les cinq ans indiqués au mois de juin. La remarque «Sentencereduced from 3 years to 3 years under appeal» est problématique, Est-ce une erreur de transcription au dossier ? S’agirait-il plutôtde «Sentence reduced from 5 years to 3 years under appeal»


moments for them while they went up to their home. They were intending reentering their home that evening replacing theirhousehold effects and I heartily approved of it, the home was theirs and they were within their rights. They were standing in theback of my express wagon when they asked [me] to drive towards their home assuring me that nobody was there. On the roaddown Joseph passed a remark that he was “Damn well fixed”. I turned round in my seat and saw what I thought was the muzzle ofa gun standing between the two brothers. I said “Boys, if you are going there armed, I am going no further” and immediatelyjumped from the wagon about two hundred yards from the gate of the La Tulipe home. They insisted on me staying in wagon. Iwould not.12

The two boys left the wagon shortly after I did and the horse trotted on with John Savoie and Miss La Tulipe, the boysproceeded towards their own home. I could still see them and the horse and wagon going down the road. In a few minutes I heardtwo shots, the road, fifty yards below the gate turns to the right, I cut across the corner to overtake the wagon and there was onlyMiss La Tulipe in it, [………] on the road and asked where the [………….]


I would not like to put in black and white, the expression that my lawyer Mr. W. T. D. Aiken used towards the judge atthe close of the trial. Which ended with these words. “He came purposely to get you and railroaded you if ever a man was”. I donot think I am wrong in stating that Mr Whalen and Mr Creaghn had beforehand given him a story, they, of course, nurseing theirspite over my marriage as Mr John Creaghn did go into religion at my first trial before Judge Crocket, His Honour commenting onit in his address to the jury, how one Josephine Savoie, a defence witness was put through her cathecism by [Mr] Creaghn, MrCreaghn did make some very small and mean insinuations throughout my trial. It was [noticeable] that he took each witness into aroom and read over their previous evidence and coached them. But even with that he could not hold them to their first story.

Honorable Sir, Is it not queer that Joseph Malley swore that he saw but one beast jump over my fence. Mrs Savoie swearsthat she saw three, her little niece swears that she saw five, and Mr Malley did not see either Mrs Savoie or her niece. I wish topoint out a very particular incident in my trial. Mrs Arnold Simpson, Sister-in-law of Mr McKnight the complainant wassupoenaed to appear against me for the Crown, it having leaked out to Mr Creaghn that she and I had discussed the case. Sheabsolutely refused to go with the Provincial Police. Mr Creaghn sent the sheriff thirty five miles and sent her also a threat of abench warrant. Mrs Simpson was aggrieved and rebelled and on taking the stand she was hurt and in a declinatory mood, HisHonour was quick to misinterpret her attitude and called to her to have no fear, she had the protection of the court, insinuating tothe jury that she was in fear of me. However Mrs Simpson’s oath was to the effect that I wanted peace and goodwill among theneighbours. The following may have bothered her some as in our conversation on May 26th previous she told me that she heardthat I was intending going into their characters meaning her sister and Mr McLean. She is the lady who offered and went to MrMcKnight [as] for a settlement and said it was not Mr McKnight who was pushing me but “The Devils in Newcastle”.

Mr McKnight’s cattle could not have been very seriously hurt, they never had a veterinary surgeon attend them nor didthey even stable them for treatment of any kind. Mr McKnight produced six small number six birdshot in court which he claimedwas taken from a cow and bull with thumb and finger except one shot which was removed with a darning needle. My son andothers overhauled those cattle and found nothing the matter with them, I personally saw them every day after the complaint inOctave Breaux pasture, feeding with apparently nothing the matter with them and reports from friends and neighbours say that thecow was never shot at all and my wife reports to me that both cattle were continually in my field all the summer of 1930 while Ilingered in jail, and the cow again was in this season 1931, while I lay a prisoner in Dorchester Penetentiary.


I had further confirmation of my belief that religion played a big part in sending me to prison, the Rev. Father Babineauwith whom I am very friendly as he was parish priest in our settlement from 1923 to 1926 came to the jail and he discussed mycase with me. He spoke as follows “Mr Stewart, It cannot be possible that they are sending you to the penetentiary for shootingcattle. If cattle were destroying my crops I would shoot and kill them. There must be something else. In answering I said “NothingSir, that is what I am charged with, unless it be through religion and my marriage. His reply was “That is It” “You should havebeen married by me or some other priest to save your wifes honour”. “You know that she was brought up a Roma Catholic”. Ifurther declared that owing to a lot of Mr Whalen and Mr Creaghn conniving and law juggling in the Ross scrape which becamepublic knowledge, they schemed, planned and jumped at whatever they could for a chance to make me out a bad man and to justifytheir previous actions against me. Do you know that Mr Whalen was arrested on a serious charge a few years ago.

Miss La Tulippe and I drove home. After unhitching the horse in my yard I went across the corner to the home of JohnSavoie but I could not gain admittance though I am sure the La Tulipe boys and John Savoie were in the house. I went home andthought no more of it nor could I exact any information from Miss La Tulipe as to what took place. Next morning about 7.30 mysister Mrs Steeves, returning from a visit to another settlement woke me and informed me that James Ross was dead being stabbedthrough the neck, later that day I heard that he had been shot. I immediately ordered Miss La Tulipe from my house. I went to theinquest and was arrested and brought to jail. They were held a few days then served with supoenas and given their liberty.

I am very much disappointed in not getting the lawyer I asked for the defend me. The Hon J.M.B. Baxter, Mr. McDade ofChatham, N.B. was defending me and brought in on my case Mr Dan Mullins K.C. of Saint John. My case came up in November.

12 Les deux dernière phrases écrites à la main.


I did not get a chance to talk to Mr. Mullins over my case privately. Not one word was brought out at my trial in connection withthe land or any of the circumstances that had originally brought me into trouble. Mr Mullins my senior counsel carried on my casebut in ignorance of the facts. There were men who had made threats against me whom I had informed my lawyers about and whobecame empaneled on my jury in spite of my protests. One in particular I wish to emphasize, the James Gratton mentioned before,as a shareholder in the La Tulipe farm. He came to the jail previous to my trial with one Don Gay both the worse for liquor andthreatened me. In spite of this he was put on my jury.

[It] placed my counsel in a most peculiar position seeing that he had previously acted for the Le Blancs when the troubleover the property first started and many thing would have been brought out at my trial had it not been for that fact. There wasevidence given that I had made threats towards Ross which was quite untrue. I had had casual talks with different ones over the LaTulipe farm which were misconstrued into threats. I particularly would like to emphasize the evidence given by John Robertsonwhich is on file in the Department. In discussing the matter with him I had said that if Ross went down there to bother the LaTulipe he might get shot as I had heard Nicolas La Tulipe make threats against him. When Mr Robertson gave his evidence hequoted me thus: “If Ross goes down to bother the La Tulipes he’ll be shot”.

In going over John Savoie’s evidence at the preliminary trial, John Savoie swore as follows: “Millet Stewart got off thewagon two hundred yards above the gate, the La Tulipes jumped off shortly afterwards, I and Miss Torie drove on, when we gotfifty yards past the gate I heard two shots at the turn of the road where he had got of the wagon”. “The La Tulipe boys werenowhere to be seen”. At that particular time in his evidence the presiding magistrate Mr Lawlor asked for and got his daughter totake the evidence down in shorthand. Mr. Lawlor willfully changed that evidence to read thus: “Instead of John Savoie saying thatthe La Tulipe boys were nowhere to be seen when the shots were heard he said they were walking along the road one on each sideof the horses head”. His evidence [……..]

[Page] - 7 –

His Honour charged strongly for my acquittal, but the jury disagreed standing six for and six against, I was afterwardsinformed by my lawyer Mr B.T.D. Aikin that had I been convicted His Honour would have given me a suspended sentence. Mycase was then set over to the following 27th of May 1930 and bail, set by the magistrate was allowed to stand.

I was informed that Mr McKnight did not mean to press his cae any further. In May his sister-in-law Mrs Arnold Simpsoncame to m offering to go to Mr McKnight and have the case settled to which I was agreeable, she returned to me saying that MrMcKnight [didn’t] want to press the case any further but to have it settled, and that he had tols the Provincial Policeman that hewould not appear against me. She added using her expression that it was “Them Devils in Newcastle” who were prosecuting meand not Mr McKnight. She also asked me how he could withdraw his case, I informed her that only through the Attorney Generalcould he do so, and that I being under bail had to appear at court next day. At that particular time in discussing with Mrs Simpson Ihad pointed out to her that she and her sister had attempted to frame me by making Emily Savoie swear that she saw me with a gunon the morning of September 14th when as a matter of fact she had seen me with a gun some three weeks previous but they hadgot her to swear that it was on this date (September 14th). Mrs Simpson did not deny the accusation. Affadavits to that effect frommy wife and son are on file in the office of the Remission Department.

We were all to be friends, my case opening the next day in Newcastle I had to be appear at court. When my lawyer cameand informed me that the Honourable Mr. Baxter, Attroney General, had called up the court and informed Mr Creaghn theprosecuting attorney, that if Mr McKnight did not want to proceed, to throw the case out. It transpired however that on theprevious evening Mr Whalen and Mr Creaghn the Crown Prosecutor, had visited the witness and had prompted Mr McKnight toproceed agaisnt me. Mr McKnight therefore was in court ready to proceed.

Previous to that I had spoken about my case to Mr McDade who had been on the first case before Judge Crocket. I willuse his own expression “Millet, What are you worrying about that for? They cannot do anything to you about that case anyway. Iwas on the case last fall and there isn’t anything to it”. I pointed out to him [that] Mr Whalen and Mr Creaghan were continuallyon my path trying to involve me in something. He told me that he would take the case up with the Attroney Genral, Mr Baxter andhave it thrown out. My case went to trial. I wish to add here that on my way to court that morning I met Mr Creagn Sr. father of theCrown Prosecutor who I knew personally. He discussed the case with me and said that it was an outrage the way that his son wasdomineering me over nothing, that he had spoken to his son about it. My wife was with me at the time. Further down the street Imet the late police magistrate Demers who stopped me in the presence of other men, he said to me “Stewart, it is an outrage theway Jack is domineering you over that affair, had you left the case in my hands, the most I would give you without the defenceevidence was a suspended sentence”. At this, the second trial, the jury again disagreed being equally divided, having been triedbefore Judge LeBlanc. He set my case again for one month later, he raised my bail from $4000.00 to $11,000.00 and bound meover with the securities to keep the peace. At my third and last trial before Judge Le Blanc, at noon after my case had started mytrial was cancelled [and] I was put into jail unable to get some of my witnesses.

[Page] - 11 -

My rates and taxes have laid unpaid for two years, my family is in want, my little children are in rags, my young son is athome and has it hard to feed them and cannot leave my young wife with three samll children, there is no work in the vicinity.

Honorable Sir, I have been I prison since June 1930 over sixteen months on a three year sentence. I get from my wife themost pathetic and appealing letters, my little girl asks I am and when I an coming home. My wife has no funds to visit me, let me


say that she insisted and went to Ottawa in September [1930] to appeal for me, strange as it may appear but word preceeded her tothe Remission Department, she met the then acting Minister of Justice the Hon. Mr Gordon who was very kind and considerate,she also spoke to Mr Gallagher, head of the Remission Department who promised her his help. I am near fifty six years of age,confinement is effacting my health and bringing me down but I still am not the worst who is suffering, it is those little kids and mydear wife. A petition and representations and appeals have been made on my behalf from the highest in society in our country, ourpresent M.P. Mr McDade has written to my wife that he also had appealed on my behalf, also Mr Hansen of York County N.B.together with Mr13 Mortimer and Mr14 McLean. I will ask one question before closing. If I were the bad man Mr Whalen and MrCreaghn would have people believe would men so much higher up in honour in every way be pleading for my release.

In closing I want to impress on you that Mr McKnight did not want to press his charge against me the second time, that itwas the work of the two men I have herein blamed, they wanted me and only me to ruin and discredit, but I bear them no grudgethey are beneath contempt. They changed a case of prosecution against me into one of persecution. I refer you to Mr R.T.D. Aikin,my lawyer who used that expression. Religion did play a prominent part in convicting me and I called His Honour’s attention tothe fact, I have spent all my life helping my fellow men, my reward from some of them is the prison but I accept it all in goodgrace, all will be known in time. One last thing, I wish to say that I am financially ruined and if they could in their plans [f…]separation, something they cannot accomplish, I should [not ..] have anything to return for.

I wish to thank you for granting me the privilege [of] laying [my] case before you. I depend upon your generosity […] thefacts I have brought forward here full consideration. [If in] your opinion I am entitled to a release it is fully my intention ofdisposing of my property as soon as possible and moving from that locality. In all fairness, man to man with the Department, if itwas decided to open an investigation of the charges I have made, I would invite it at my release from here. I am Honourable Sir:

Your Obedient Servant. [s.a. & non-signé]

***************

GÉNÉALOGIE DE LA FAMILLE ROSS

James Ross, f. de James William Ross et de Jane Johnston, n. 28 mars 1878, dcd. 02-08-1921; ép. 14 septembre 1901 Eliza B.Galliah [Gallien], f. de Dosithée Gallien etMathilda Phair. Au recensment d’Alnwick de1911 il est dit pêcheur (Fisherman)

Enfants :

1 Ellen Comins (Nellie) Ross, n. 12-11-1903;ép. 01-03-1922 Walter Chubb Cable.

2 Frederick Joseph (Fred) Ross, n. 12 juillet1905 à Bridgetown, Northumberland; ép. 15septembre 1929 Julia Nioma (Jewell) Ross.

3 Bertram Leland (Bert) Ross, n. 28septembre 1907; ép. 18 mars 1929 AgnesStapleton Murray

4 James Johnston (Jim) Ross, n. 30 octobre1908 à Tabusintac; ép. Rose Sorenson.

5 William (Will) Ross, n. 23 septembre 1910.

6 Barbara Adelaide Ross, n. 27 juillet 1913;ép. 15 avril 1935 Hazen Cecil Williston, deBaie du Vin, N.-B.

7 Isabella Rubena Lahore Ross , n. 01-11-1914; ép. 18-12-1931 James Richard Quann.

8 Everett Palmer Ross, n. 17 mars 1921, dcd. 26-12-1939.

9 Leslie Doucett Ross, n. 27 avril 1917, dcd. 25-05-1921 (Inscription, pierre tombale, Tabusintac).

***************

13 « Rev » inscrit dans la marge.14 « Hon » inséré à cet endroit..

Famile de James Ross et Eliza B. Galliah [Gallien]de g. à d. : Bert, Fred, Jim, James Ross, Nellie, Eliza Galliah

Collection Leo-Ross


Oh Lord, when up the ladder my friends ascendSee well that each portal is more strongly manned.Place pickets and guards in arms along the wayFor bull gangs may enter any old dayThe way it is narrow for the true and the justSo this gang is in hopes this gate for to bustSo Lord now I’ll tell you so this gang you will knowTo simplify matters where each ought to go.So all on the ladder ascending us thereThere’ll be two weasel eyes and a tuft of white hair.A limpid narrow skull, a cheekbone up highAn old dirty hunch back who thought he never woulddie.Jane’s flat biscuit hips on two small spindle legsShown old worn pant knees as humbly he begsA cute sympathizing smile as monkeys will grinHigh up in good spirits he’ll sure enter in.Note Lord the frayed out pant knees his old father worePlease retake and remind him to question him more.Where art thou brother Millet, thy bull and thy cowThy wife and thy witnesses I want them here now.For I am the judge for both Stewart and youNo cash or no jury, I’ll handle this step.

JANE

Lord t’will be dark in the east, then torrents of rainWhen with a squawk on the ladder, we’re announcing

you old JaneShe’s [weak], lanky and dark, a lady quite thinA cruel squeaky face with a disfigured grin.Has a stride like a stork a cool confident airShe’ll demand with all gall to enter in there.But detain her dear Father as she bends on her kneeAnd starts a long prayer in defence of poor me.But I’m sure you will know her as the thunder will roarWhen she demands a near seat by the gold crystalshoreAnd please hold her for me secured to a stakeAnd in ten thousand years I’ll decide her just fate.

JEAN

Then there’s poor pious Jean, but a wreck of old bonesShe has visions of heaven of gilt shining thrones.There will be spots on the sun so Lord you will knowAs she appeaars in a gourd as white as the snow.But Lord please forgive us for this tick full of sinThat will defile all pure Heaven, if she enters in.And for me please detain her on that long milky wayShe’ll get her desserts the same as old Jane.

ARMENIEL SAVOY

O Father I am blushing I fain you to tellThis lady’s mistaken, her road leads to hell.

So guard well the portals where she puts her noseHer awkward vile frame or her crooked toes.She’s gowned up in purple a black colored hatHer sturdy short frame, Joe’s booze made her fat.She wobbles and twists when under full sailHer jib boom is draped with two yards for a veilShe’s pleasant and modest, refined to a skillWith a tongue like a parrot she’ll give you a fill.She was wife of a captain, the old Nellie ColeThat hit on the tryon and went down with his soul.She sold booze by the gallon that was colored with dye,All Frenchman enjoyed it who longed for to die.In Grammar she’s perfect, marks plus for her nameShe’d lie in bed with the devil and laugh at the shame.She hedges a lie, smacks her lies on the bookSets her jaws like a mill gate that holds back a brook.And then in a dream she’s off in a hopIn the devil’s own rocker or lie in his lap.Her puffed eyes are goggled, hooked back on her earsA face with a mouth that is twisted with seers.She bobs with each movement, has an overhung rump.How I’ll name her dear Master all in thus speelShe’s a wayward old harlot we call Armeniel.

JOE MALLEY

Next Lord comes a critter that struts on two legsHe follows the cortege in tears as he begs.His breed is unknown to all scientists down hereHe’s not from us humans, either the ox or the steer.He’s as black as a demon with green popping eyesA mouth like a skate fish that drops when he liesWith a nose that is sharpened turned up at the pointNeck like a giraffe that bobs on each jointThe legs that propel him are both limber and smallThe head that directs him as round as a ball.He is foreign by nature, the unknown turned him upPerhaps hatched from an egg or dropped like a pupMaybe lost by an eagle who was cevouring carrionOr an overgrown maggot from a Neguac herring.But oh as a witness he can see like an owlThrough a millyard of lumber of a sheet iron trowel.He may be of dutch of an offspring of brutesOne of the last tribe of Israel though many will doubt it.His strike is not human, it’s more like a hobbleHe was thirty years old before he could wobble.He has ears like a sow’s and is bent in the back.There is no country will claim him only old Neguac.He may be an eclipse or a daft lost sun dogA Chinese scar face or a drain bred bull frog.Yes, maybe fell in with a comet minus a tailThat brought forth this strange creature on the long long trailBut who knows but a ram may have breeded an apeOr a rutting wild kangaroo had committed a rape.Or an ostrich who had just been peling her crape

STEWART’S PROSECUTORS OR WHALEN’S LAMBSPoème de Millett S. Stewart, sans date,

redigé après le procès de 1930. Copie remise à l’AHCN par Leo Ross, Tabusintac.


***************

QUELQUES NOTES AU SUJET DES INDIVIDUS MENTIONNÉS DANS CE NUMÉRO

- Fred Allen, f. de Vital Allain et Marie Auger, n. 10-08-1872, dcd. 08-07-1945. Célibataire.

- Joseph Curry, 06-07-1941; ép. Asma Mitchell. Il tenait un magasin à Néguac et était le père Solomon Curry.

- William (Will) Gay, f. de Daniel Gay et Anna Wade, n. 07-09-1875; ép. 07-09-1915 Lina LeBlanc, f. de Jean LeBlanc etCatherine Deveau

- Frédéric (Fred) Latulippe, n. vers 1897, dcd. 27-04-1970; ép. 11-04-1923 Marie Anne Hannah Savoie, f. de Pierre Savoie etMélanie Ross.

- Joseph Latulippe, f. de Nicolas Latulippe et Eulalie Doiron, n. vers 1895.

- Mathurin Latulippe, f. de Nicolas Latulippe et Eulalie Doiron, n. 01-06-1900.

- Nicolas Latulippe, f. de Mathurin et Olive Breau, n. vers 1855, dcd. 21-05-1924; ép. Eulalie Doiron.

- Victoria (Torrie) Latulippe, f. de Nicolas Latulippe et Eulalie Doiron, n. vers 1892, dcd. 17-03-1957; ép. 11-10-1922 LouisSavoie, f. de Pierre Savoie et Mélanie Ross.

- Daniel LeBlanc (Dan White), f. de Jean LeBlanc et Catherine Deveau, n. 08-09-1894, dcd. 26-09-1976; ép. 07-01-1920 RinaLebreton, f. de Lazare Lebreton et Elisabeth Breau.

- Jean LeBlanc (John White), f. de Dominique et Sophie Chiasson, n. vers 1847, dcd. 28-11-1935; ép. 07-01-1874 CatherineDeveau.

- Joseph Mallet, f. de Hubert et Esther Savoie, n. 26-08-1886, dcd. 22-07-1949; ép. (1) 15-08-1910 Charlotte Vienneau; ép. (2)14-04-1920 Elisabeth Plourde.

- Louis Martin, f. de Alexandre Martin et Marie Savoie-Vanadestine, n. 09-01-1878, dcd. 24-08-1945; ép. 16-09-1912 MarieRose Anne Breau

- Walter (Watt) McKnight, n. 1865, dcd. 1947; ép. Jean Wishart. Il opérait un moulin à grain à Bas-Néguac.

- James (Yankee) Ross, f. de James William Ross et de Jane Johnston, n. 28 mars 1878, dcd. 02-08-1921; ép. 14 septembre 1901Eliza B. Galliah [Gallien], f. de Dosithée Gallien et Mathilda Phair.

- Millett S. Stewart , fils de William Bryant Stewart et Ann (Annie) Murray, n. 15 janvier 1876, dcd. 15 janvier 1958 inh.Riverside Cemetery, Tabusintac; ép. (1) 01-01-1901 Elizabeth Jane Paulina (Bessie) Johnston, n. 18 octobre 1881, bapt. 12-11-1881, dcd. 1925, inh. Riverside Cemetery, Tabusintac; ép. (2) 07-03-1927 Rosanna Gautreau, de Loggieville.

- Antoine (Anthony) Savoie, f. de Pierre Savoie et Mélanie Ross, n. 02-12-1889, dcd. 13-12-1945; ép. 27-08-1912 Marie Eugénie(Jeanne) Latulippe, f. de Nicolas Latulippe et Eulalie Doiron

Fell in with a winch with everything ripe.Who’d think that a shell fish, clam, or an oysterHad brought into this world so humble a Christer.Now Lord just a moment while I finish my tea,Say some grace and give thanks in remembrabce of Thee.I’ve a hunch that I’ve struck it while drifting along,My mind has covered Asia, India and Hong Kong.I have thought of sea serpents, oulandish wild boarsCute monkeys, gorillas, and Barbados Whores,And to conclude my true version in this simple verse,I’ll give him the doubt to make it nit appear worse.That the best of the sun in some refuse strewn alleyBrought forth to this world the famous Joe Malley.Now Lord don’t condemn them if there’s a soul in their guts. Oh those ships bound for Heaven keep out of the rutsShould the vessel be loaded and a scarcity of roomStow Joe on the topmast or out on the boom.And down under main hatch with rats and grey mice

Put Jane on a straw tick with vermin and liveUse Watt as a sailor let him weather the blastPut a chain on his foot that is locked to the mast.Fasten a line to the stern post so no hicthse will clogTie Emily amidship to use a a log.And with a good Fifty fathoms dragging far in the rearThrow her out in the ocean miles out from St. PierreWhen all are safe landed across the blue brineI might cheat the devil and get there in time.Old Jean swore upon her soulShe picked twelve shots out of the old bull’s holeThe bull went home at a lively trotHis old bag hung down full of snipe shot.Our captain once he droved the seasHe sailed the seven oceansAnd crossed the pole where measles freezeWhere sundogs have queer notions.


- Jean Savoie, f. de Thomas Savoie et Clarisse Larocque, n. 14-12-1902; ép. Delvina St-Onge.

- Samuel O. Savoie, f. d’Odilon Savoie et Clothilde Gautreau, n. 03-01-1878, dcd. 30-07-1928; ép. 24-04-1900 GenevièveBoudreau

- Thomas Savoie, f. de Jean Louis Savoie et Marie Angélique Landry, n. 08-08-1871, dcd. 16-02-1957

***************

I’m going crazyFast as I can go

For all the slippery froggiesAre standing in a row.

Those who haven’t shot meAre waiting with a gun

They will keep on doingWhat they’ve already done.

Smart and sleek and shinyNo one would surmise

All these many froggiesHave great big googly eyes

Some have passed foreverWhere – we cannot tell

But they did their darndestFor others to have hell

There are those hiddenSafely out of sight

Their colors were a coveringThey used: pretending “right”

A busy blinking toadyToo near the pond’s brink

These slick froggies caughtAnd made him deeply sink

Just a blinking toadFor their needs they found

Too dumb to know their interestWhen they were on mischief bound.

They used him for their play thingAltho’t’was not his rank

Too much he felt their needsThey made him walk the “plank”.

Deep muddy waters coveredThese frogs now bold and strong

While the toad exposed to daylightWas captured for their wrong.

A very great commotionStirred in the sedges greenCalamity caused a voidness

Of what fullness once had been

A mighty force took overThe Frogs all planned to show

That only the toad knew allWhile they all claimed to be below

Into the depths they dragged himAnd covered him with slime

The trusty unwitting toadMust answer for their crime.

Some believed their storyOthers thought it rot

But frogs worked it all outExposing not their plot.

All hope for the toadSo glibly taken in

Was quenched with despairBy the green frogs’ sin.

The toad went under bars of steelConfinement was thus decreedWhile the googly eyed frogsFor all vile acts were freed.

Time passed by as alwaysThe toad in shame was kept

But o’er the frogs crept darknessTheir fate sealed Not yet !

One there was eventuallyThat knew his certain fate

At the end of life confessionHe made in a dreadful state.

Before very long he in torment layBecause it was true

Diving under the sedgesDid not hide him from view.

This frog – this “sharp”Was now known to show

Deep remorse in livingWhile friend toad went below.

But it was too lateFor in the grimy tide,

His deed ro reveal “Kerchog”Choking he died.

The world knows the endThe toad served for sin

While the frog went freeDied in deep remorse within.

The toad then met a lady frogShe was sly and very slim

Before very long with her charmShe took him in.

Poor silly toadWith this frog

He played, laughed, danced, and drankUntil from her

Into the depths he sank.

The matron frogShe kept on

To other lovesIn greater song.

While the old toadHe went down the drain

Living aloneAnd much in pain.

So ends my rhymeDo you understand

Don’t trust a green frogWith an extended hand.

THE FROG AND THE TOADPoème tiré du livre «Cloud, Tempest, Sunshine» de Marion Underhill, fille de Millett S. Stewart

(texte remis à l’AHCN pat Leo Ross, Tabusintac)


L’Association Histoire de Chez Nous vient de lancer le premier d’une série de volumes sur l’historique du cadastre duVillage de Neguac et des régions. Ce travail est assez unique dans le domaine de l’historiographie au Nouveau-Brunswick.

Ce premier volume de 296 pages présente l’historique de toutes les parcelles de terre qui forment aujourd’huil’ancien village de Rivière-des-Caches. Le village était constitué de cinq lots (7, 8, 9, 10 & 11) qui furent concédés en1794 et 1813. Ces cinq lots ont été morcelés en une série de parcelles de diverses grandeurs et transférées à denouveaux propriétaires, soit par un acte de transfert (deed) soit par testament (will). Un index des propriétairesactuelles et des actes testamentaires permet de retracer l’historique de chaque parcelle.

Cette publication est maintenant disponible au prix de 40$ en communiquant avecL’Association Histoire de Chez Nous, 53 chemin Honoré, Robichaud Settlement E9G 3A8

Tél. : (506) 776-3747)

Dépôt légal à la Bibliothèque nationale du Canada, ISSN 1488-4720

bulletin d’histoire, de gÉnÉalogie et de folklore de l ... · dans ce numéro de la voix du...

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