Trial of Louis Riel - Trial

Trial

Riel was indicted by Judge Hugh Richardson on six counts of treason on July 20. Riel's counsel immediately challenged the court's jurisdiction, but these motions were denied. Riel then pleaded not guilty to all charges. Riel's lawyers argued for a delay for the defence to obtain witnesses. It was granted and the trial began on July 28, 1885. Of the 36 people receiving jury duty summons, only one spoke French – and he was unable to attend. Moreover, the only Roman Catholic (an Irishman) in the jury pool was challenged by the prosecution for not being of British stock and excluded. In the event, Riel was tried before a jury of six composed entirely of English and Scottish Protestants, all from the area immediately surrounding Regina. The jurors were Francis Cosgrave - foreman - Whitewood, Edwin J. Brooks of Indian Head, Henry J. Painter of Broadview, Walter Merryfield of Whitewood, Peel Deane of Broadview and Edwin Eratt of Moose Jaw.

Crown counsel comprised some of the most accomplished lawyers in Canada: Christopher Robinson, Britton Bath Osler, George Burbidge, David Lynch Scott, and Thomas Chase-Casgrain. Chase-Casgrain was the lone French-Canadian in the prosecution. They called nine witnesses for the prosecution, General Frederick Middleton, Dr. John Willoughby, Thomas McKay, George Ness, George Kerr, John W. Astley, Thomas E. Jackson, Dr. A. Jukes, and Riel's cousin Charles Nolin. The cross-examination of the defence attempted to prove his mental instability and render a not guilty plea by reason of insanity, but to little success.

The defence was led by Charles Fitzpatrick, a notable lawyer from Quebec who subsequently became Chief Justice of Canada. The defence had their turn on July 30. They produced five witnesses, Dr. François Roy of the Beauport Asylum, Dr. Daniel Clark of Toronto Lunatic Asylum, Riel's secretary for a short time, Phillipe Garnot and priests Alexis André and Vital Fourmond, all who gave evidence of Riel's insanity, but were far from sympathetic or supportive. The defence's case only lasted one day.

Riel delivered two lengthy speeches during his trial, defending his own actions and affirming the rights of the Métis people. He rejected his lawyer's attempt to argue that he was not guilty by reason of insanity, asserting,

"Life, without the dignity of an intelligent being, is not worth having."

Riel defended his use of religious themes, but insisted that all his political actions were aimed at practical results. He denounced the Federal Government for its complete lack of regard for the peoples and interests of the West. "Although the Province of Ontario is great", he said, "it is not as great as the North-West."

Nonetheless, Riel barely maintained his decorum and proclaimed that he hoped to be one day recognized as a force of good for the whole country. He said:

"I am glad that the Crown has proved that I am the leader of the Metis in the NorthWest. I will perhaps be one day acknowledged as more than a leader of the Metis, and if so I hope I will also have the opportunity to be acknowledged as a leader of good in this great country."

On July 31, after only half an hour of deliberation, the jury found him guilty of treason but recommended mercy. Nonetheless, Judge Hugh Richardson sentenced him to death, with the date of his execution set for September 18, 1885. Fifty years later one of the jurors, Edwin Brooks, said that Riel was tried for treason but hanged for the murder of Thomas Scott.