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Essays and addresses

In 1800, January 3rd, he was killed in a duel by John Small, Clerk of the Executive Council (whose wife 4 he had traduced), and in 1871, his bones were dug up from their first resting place and reburied in St James Cemetery.

See my " Legal Profession in Upper Canada in Early Times," Toronto, 1916, at pp.

151-153.

His account of the difficulty of convicting those charged with crime in Upper Canada sounds odd at the present day but is amply borne out by his diary of all those 1 noted as having been prosecuted by him from July, 1792, till January, 1794, only one was convicted.

Shortly after this time, the disposition of juries seems to have changed or possibly the judges became more efficient, for there has not for a century been any real ground for complaint (except in rare cases) of undue leniency on the part of juries.