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PICKERING TOWNSHIP HISTORICAL SOCIETY
WHAT’S INSIDE
Randal Wixson,the son of one of
the earliest settlers in Pickering
Township, played a prominent role
in the Rebellion of 1837— for
which he suffered banishment from
the country, but not until he had
spent time in prisons in Kingston,
Ontario and London, England.
Port Perry celebrates their
community as the birthplace of the
founder of Chiropractic.It has now
been demonstrated, however, that
Daniel David Palmer was actually
born in the north of what is now
the Town of Ajax.
The violent sexual assault on Ellen
Bennett,of Brougham, in the
summer of 1877 led to a high-
profile court case that saw
advancements in the use of forensic
sciences. This is the third in our
series of Victorian-era crime in
Pickering Township.
Our old friend “Traveller”finds
his way to the hamlet of
Claremont.We include the first
two of four articles he wrote about
his sojourn in the hamlet for the
Whitby Chronicle.
WINTER/SPRING EDITION VOLUME 7 NUMBERS 1&2
The picturesque village
of Claremont, high in
the hills of north
Pickering, was the child-
hood home of one of the
more unusual partici-
pants in the short-lived
Rebellion of 1837.
Randal Wixson was a
son of Joseph Wixson,
who with his brother,
Joshua, is credited with
founding the village on
the 9th Concession at
Brock Road.1 The broth-
ers moved to the area
from Steuben County,
N.Y., very early in the
19th century. The family
is commemorated in the
name of a village street.2
Randal was also a
founding member and
“ministering elder” of
the Claremont Baptist
Church, established 27
October 1821. The
Wixsons and a number
of their friends were
“separated” (expelled)
from the Markham
Baptist Church for
“heresy and causing con-
fusion in the church.”3
The major issue seemed
to be Joshua Wixson’s
opposition to paying a
salary to the minister,
the Rev.George Barclay,
as unscriptural, “as
Christ says that an
hireling careth not for
the sheep because he is
an hireling and not the
owner of the sheep.”4
Several of Randal’s
contemporaries mention
that he had lost a leg in
his youth, and wore a
wooden leg thereafter,
but give no explanation.
An educated guess is
that he was disabled in
an agricultural accident
while working on the
family farm. We do
know that he pursued
academic studies and
became a school teacher.
He also inherited his
father’s interest in politi-
cal action, and fell under
the sway of William
Lyon Mackenzie. The
leading light of the
Reform Movement in
Upper Canada,
Mackenzie gathered a
considerable following
in the rural townships
because he championed
the labourers, tradesmen
and farmers in their
struggle to gain econom-
ic justice and religious
freedom in a colony
dominated by the
Family Compact and the
Anglican Church. From
1824 onward, he held
public meetings in halls
and inns across Ontario,
including Thompson’s
Tavern at Brock and
Whitevale Roads. In his
Sketches of Canada and
the United States,
Mackenzie specifically
mentions Joseph Wixson
as having presided over
the town meeting that
he addressed in
Pickering in July of
1831.5
In his mid-twenties,
Randal married Annis
Fenton on 31 August
1826.6 They settled on
Lot 9, Concession 6 in
Brock Township, where
Randal was employed as
a teacher, and by 1837
they had four sons and a
daughter. Still Randal
found time to be
involved in the Reform
movement, and at times
acted as secretary to
Mackenzie. In 1832
when the “Firebrand”
bore a petition to
London, beseeching the
British crown to curb
the abuses of the Family
Compact and grant
meaningful representa-
tive government to the
Canadian colonies,
The One-Legged Rebel:
Randal
Wixson
(c1800/05 -1870)
The One-Legged Rebel:
Randal
Wixson
(c1800/05 -1870)
by Ron Getz
Upper Canadian State Prisoners in England, 1839.
Randal Wixson is sixth from the left. The others are
(Pickering residents in bold): Paul Bedford, Linus Miller, William
Reynolds, Finlay Malcolm, John G. Parker, Leonard Watson,
Ira Anderson,William Alves, James Brown,
Robert Walker, and James Grant.
From E.C. Guillet, The Lives and Times of the Patriots
(Toronto, 1938), p. 195.
Wixson acted as interim editor of
Mackenzie’s newspaper, The Colonial
Advocate.
The British government ignored
Mackenzie’s appeals. Although the
Reformers elected a majority of mem-
bers to the provincial Legislative
Assembly, the Lieutenant Governor
and the non-elected Executive Council
he appointed from among the Tory
gentry, continued to veto legislation
passed by the Assembly. Orange sup-
porters of the government harassed
reformers, burned their barns,
destroyed Mackenzie’s printing presses,
and used bully tactics to sway election
results.
As the winter of 1837 set in,
Mackenzie persuaded his followers that
the time had come to seize control of
the government and declare a republic.
The garrison at Fort York had been
shipped to Quebec to quell the Lower
Canada rebellion, led by Louis Joseph
Papineau. The Lieutenant Governor,
Sir Francis Bond Head, was in an
undefended city, with 4 000 rifles in the
arsenal to be had for the taking. A
show of force was all that was needed.
A bloodless revolution seemed possible.
The call went out to the townships, and
the farmers and tradesmen began to
assemble at Montgomery’s Tavern on
Yonge Street, a block north of present
day Eglinton Avenue.
Randal Wixson later admitted that,
following a meeting in Stouffville on 30
November 1837, at which Mackenzie
called on Upper Canadians to unite in
“a sort of turnout” to carry a constitu-
tional change into effect, he (Wixson)
had mentioned “to about a dozen of his
acquaintances in Brock, the situation of
the public affairs, as he then understood
them, some four or five of whom he
thinks may have turned out in conse-
quence of what he told them.”7
Accounts of the rising mention a con-
tingent of fifty reformers coming down
from Brock and Uxbridge, and it
would appear that Randal was among
them.
The tragi-comic encounters on
Yonge Street that killed several and
sent the others running through the
woods are well known. So many were
taken into custody that the York gaol
overflowed, and Uxbridge’s Joseph
Gould, later to be elected as a member
of the Legislative Assembly,was
imprisoned in the legislative chambers.8
Randal Wixson, perhaps because of his
long association with Mackenzie, was
one of 54 rebels sentenced to trans-
portation to Van Diemen’s Land (mod-
ern day Tasmania) off the coast of
Australia. Some were committed for
life; Randal’s term was for 14 years.9
The long journey began with a ride
to Fort Henry in Kingston, from which
his fellow townsman, John Marr,
escaped across the river to the United
States. To keep up their spirits, the
remaining prisoners formed a literary
association, filling their long evenings
by taking turns delivering original lec-
tures on philosophy, politics, patriotism,
and so on. According to Benjamin
Wait, who wrote a book about his
imprisonment, “Every Sabbath we lis-
tened with pleasure to an evangelical
discourse and instructing commenta-
tions on the Psalm of David, with other
interesting passages of scripture, by Mr.
Wixon. Indeed, we had great reason to
regard the presence of this very excel-
lent man as contributing largely to our
spiritual good and temporal quiet.”10
In November of 1838 many of the
inmates were moved to Montreal. Wait
noted that during this trip, Randal
Wixson, “having but one leg, was not
encumbered with irons.” He also made
a point of writing that, during their
stopover in Cornwall, they enjoyed a
season of refreshing prayer,with scrip-
ture reading and a religious discourse
by Mr. Wixon.11
From Montreal they were taken to
England in a lumber vessel, on which
they were kept below decks in fetid
conditions for the first fifteen days of
their 25-day voyage, and fed oatmeal
and “scouse,” a mess of putrid salt beef
boiled up with biscuits.12
By comparison, their imprisonment
in Liverpool’s Borough Jail was rela-
tively civilized, although the food was
still abominable. They were visited by
the chaplain, Dr. John Buck, who
befriended them. They were particular-
ly moved when, on Christmas Day,he
brought his 8-year-old daughter to
meet them. Four thousand miles from
home and family, with little prospect of
ever returning, many of the men wept.13
While Benjamin Wait, a native of
Markham, was shipped to Van
Diemen’s Land, from which he eventu-
ally escaped on an American ship,
Randal Wixson petitioned the young
Queen Victoria on the second anniver-
sary of her coronation. He was one of
twelve granted a hearing before the
Court of the Exchequer in London.
Lord Durham had been sent to Canada
by the British government in the wake
of the rebellions, and had written a
report which was sympathetic to the
issues raised by the Reformers, and
highly critical of the Lieutenant
Governor and the Family Compact.
There was hope that the court would
agree that Wixson and his companions
had been dealt with far too harshly.
While in Newgate Prison in
London, Randal wrote several letters to
his father, Joseph. “O Father,” he wrote,
“you have no idea of the feelings of
your unfortunate son, — Imprisoned in
a foreign land, and all this without hav-
ing committed any real crime whatever.
It is really a hard case. But God is good
and will do all things well, and cause it
all to work for my best good.”14
As the days went by,he continued to
write several times a week, but lament-
ed, “By the by, why don’t you write?
What are you afraid of? You never
write me a single word, no more than if
you were in another world. I do think
this is too bad. So answer this. Good
evening.”15
Joseph never replied. “Well, I sup-
pose my letters are not worth answer-
ing,” wrote Randal, “and I shall soon
think they are not worth writing. I
have quite made up my mind not to
write any more until I hear from you.”16
He did, however,on the very next
day, for he had heard hopeful news. He
had signed an undertaking never to
return to the province of Upper Canada
if he were released. On July 3 the
morning paper announced that the
prisoners would be freed. Randal wrote
to his father that, if the news were true,
“I shall return to America in a few days
afterwards, but I do not expect to
return to Canada anymore, and indeed
I cannot say that I desire to do so; for
my treatment has been such that I am
completely weaned. However,if I get
back to America, I trust I shall be able
to procure a comfortable livelihood for
myself and family in some situation....
2
“Wickson’sHistoric Tree.”Plaque imbedded on an
elm tree on the 9th Con. Rd., west of Claremont.
From a news clipping, 1967.
Portrait of Annis Wixson.
Gravestone of Joseph Wixson, Sr.
PhotographbyJohnW.Sabean.
Courtesy
ofJaneCarson.
CourtesyofUxbridge-ScottMuseum&Archives.
I do not know whether my wife wants
to hear anything from me or not. I
hope you will send this to her as soon
as you have opportunity after reading
it yourself.”17
Randal Wixson and nine other
Canadians were released, on the
grounds that they had never properly
been tried; “the Legislature of Upper
Canada had pardoned all those who
petitioned before arraignment, and
Wixson had petitioned and never been
properly arraigned.”18 He and his com-
panions sailed for America on the
Wellington,27 July 1839.
Randal wrote his parents that
October from Wayne, N.Y., to tell them
that he was “husking corn with Uncle
Elijah.”19 Indeed, he had many Wixson
(also spelled Wixon or Wixom) relatives
in the States, and the next correspon-
dence that has survived has him teach-
ing school and living with his brother
Townsend in Lexington Township,
Sanilac County,just north of Port
Huron, Michigan. This letter is dated
31 December 1850, and in it he writes,
“I think about next Spring I shall be
able to arrive at some conclusion about
my affairs. And when I do I shall write
what I wish to have done.”20
He had reason to be concerned about
his affairs. His wife, Annis, had never
joined him in Michigan, and had con-
tinued to live on his property in Brock
Township, supported at first, it appears,
by Randal’s father,and later by her son,
Samuel, and married daughter Clarissa.
Whatever the conclusion of his affairs,
Randal continued to live in Lexington,
and became a citizen of some note. He
served in the Sanilac county clerk’s
office from 1853 to 1858, first as deputy
“register,” then as deputy clerk. In late
1858 he was elected to the office of
County Clerk, serving to the end of
1860.
As reported by reference specialist
Blair Poelman of the Family History
Library in Salt Lake City, “the most
intriguing document prepared for
Randal Wixson during his term as
county clerk … is the record of his own
marriage at age 60, on 13 November
1859 at the Methodist Episcopal church
in Lexington, to Eliza Degeer, age 43,”
a widow with several children. No
record has been found of the dissolu-
tion of his first marriage. Annis Wixson
is reported in the 1861 Canadian census
as “married.” She died at her daughter’s
home in Uxbridge on 28 December
1884, and was laid to rest in the Friends
Burial Ground at Quaker Hill.21
3
Randal Wixson was joined in
Michigan by three of his four sons. He
prepared “first papers” for Dennis in
1856, and for Lemuel and Robert in
1859. In these documents “they
foreswore allegiance to the Queen of
Great Britain and stated their intention
to become naturalized citizens of the
United States.”
When the Civil War began in 1861,
all three of Randal’s sons enlisted in
Michigan regiments. Lemuel died of
typhoid fever in Mississippi in 1862.
Dennis succumbed to wounds in
Georgia in 1864. The last record of
Robert is his reenlistment in Tennessee
in 1864. He never returned home.22
We are left to imagine how bereft
the old rebel must have felt, losing his
sons in civil conflict. Did he see any
irony in their fate and his? The bookish
man with the wooden leg was exiled
because he had joined an armed upris-
ing against the government of his
province. His sons died, one by one, in a
war fought to put down an insurrec-
tion, to preserve the status quo, the
Union of their adopted country.Of
course it’s possible to argue that they
died fighting against slavery.
Back in Michigan, with Canada out
of reach across the Bluewater, Randal
Wixson lived on with his memories and
his sorrows. The Wixom Family
History reports that he died 17
November 1870.23
Notes:
1 The main sources for Wixson’s life are:
J.H. Wixom and Ruth S. Widdison.
1963. Wixom Family History (Salt Lake
City: Publishers Press), see esp. pp. 66-
67; Ruth S. Widdison. 1988. Wixom
Family History Supplement (Salt Lake
City: the author), see esp. pp. 46-47;
Douglas Quick. “A Rebel in the Family,”
Families,36:2 (June 1997), 117-123; Blair
Poelman, “The Rebel and His Family in
Michigan,” Families,37:2 (May 1998),
109-113. Easily obtainable documents
relating to Wixson may be found in
William R. Wood. 1911. Past Years in
Pickering (Toronto: William Briggs), pp.
88-92: Minutes of First Baptist Church
in Markham, 1821-22 (from Canadian
Baptist Archives); William A. McKay.
1961. The Pickering Story (Pickering:
Township of Pickering Historical
Society), pp. 74-79: Letters from Wixon
to his father, Joseph Wixson, 1839; Colin
Read and Ronald J. Stagg (ed.). 1988.
The Rebellion of 1837 in Upper Canada:
A Collection of Documents (Ottawa:
Carleton University Press), pp. 118-120:
Petition of Randal Wixon, 10 April 1838.
2 Lillian M. Gauslin. 1974. From Paths to
Planes: A Story of the Claremont Area
(Claremont), p. 7.
3 Ibid., p. 80.
4 Wood (1911), p. 89.
5 William Lyon Mackenzie. 1833. Sketches
of Canada and the United States (London),
p. 265. See Pathmaster 4:1&2 (2001), 13.
6 Poelman (1998), p. 110. If this is correct,
and the information on her death card
is correct, she was only about 13 when
she was married.
7 Read & Stagg (1988), p. 120.
8 W.H. Higgins. 1972. The Life and Times
of Joseph Gould (Toronto: Fitzhenry &
Whiteside), p. 108.
9 Quick (1997), p. 117.
10 Benjamin Wait. 1976. The Wait Letters.
(Erin: Press Porcépic), p. 36.
11 Ibid.,p. 45.
12 Ibid.,p. 67
13 Ibid., p. 78.
14 McKay (1961), p. 77.
15 Ibid., p. 76.
16 Ibid.,p. 77.
17 Ibid.,p. 78.
18 Quick (1997), p. 119.
19 Ibid.,p. 12.
20 Ibid.,pp.119f.
21 Poelman (1998), p. 110. Annis’ grave-
stone is no longer in evidence in the
Friends’ Burial Ground. There is a fami-
ly tradition that states that “Annis
divorced Randal after the Rebellion
under a special dispensation allowed by
the government.” However, Poelman so
far has been unable to find official proof.
22 Ibid.,p. 111.
23 Ibid.,p. 112.
ArchivesofOntarioS-971
“View of the inside of Newgate Prison”, London, England. From Guillet (1938), p. 194.
“Kingston from Fort Henry”, by James Gray,1828. From Read & Stagg (1988), after p. 188.
Annis Wixson’s death card.
CourtesyofUxbridge-ScottMuseum&Archives.
For many years it was thought
that Daniel David Palmer,
founder of Chiropractic was
born in 1845 at 15238 Old Simcoe Road
on the western edge of what is now
Port Perry. In his autobiography,
Palmer stated: “I was born on March 7,
1845, a few miles east of Toronto,
Canada.”1 He made no reference to
Port Perry as his birthplace but he later
stated that he had childhood memories
of Port Perry. This later reference to
Port Perry led to an erroneous assump-
tion that he had been born there.
I was born on March 7, 1845, a few
miles east of Toronto, Canada. My
ancestors were Scotch and Irish on my
maternal and English and German on my
paternal side. When my grandparents
settled near the now beautiful city of
Toronto, there was but one log house, the
beginning of that great city. That region
was then known as ’away out west.’
—As declared by D.D. Palmer in 1910.
In 1938 the National Chiropractic
Association held its convention in
Toronto and visited Port Perry to dedi-
cate the waterfront park in his honour.
In August 1946, a statue of Palmer was
unveiled in the park. This park was re-
dedicated to Palmer in 1992 when the
Durham Region Chiropractic Society
refurbished the statue to Palmer and
the park’s signage. In September 1995,
a commemorative postage stamp
marking the 100th anniversary of the
chiropractic profession was launched in
Port Perry.At all of these events, Port
Perry was referred to as the birthplace
and childhood residence of Daniel
David Palmer.
Through discussions with
the residents of Port Perry in
1938, two elderly ladies,
Mrs. M.K. Allison and
Mrs. Naomi Coburn
stated that they had
attended school with
Daniel David
Palmer and that
they remem-
bered him living
at 214 Mary Street.
Mary K.
(Sinclair) Allison
was the wife of
the Port Perry
pharmacist
Stephen Edward
Allison. Allison
was the son of
J.H. Allison who
opened his drug
store on Queen
Street, Port
Perry, in 1866.
Stephen also
became a
pharmacist
and maintained a drug store on Queen
Street until his death in 1929. The
Allisons lived across the road from the
Palmers at 229 Mary Street. Mary died
in 1941 at the age of 90. Naomi Coburn
was the daughter of another Queen
Street pharmacist, Albert J. Davis and
his wife Annie Hiscox. Naomi died a
year after Mary Allison in 1942.
In 1942, the Canadian Memorial
Chiropractic College held a fundrais-
ing drive in order to erect a statue to
Palmer. A photograph of the Mary
Street house, shown as the Palmer
birthplace was distributed as part
of that drive.
In 1961, Daniel David
Palmer’s grandson, David
Palmer, then president of the
Palmer School of
Chiropractic, decided to visit
Port Perry and purchase
the Palmer birth-
place for the
Chiropractors as a
museum. He inter-
viewed a number of
people regarding
their memories of
the Palmer family.
Unfortunately, Mrs.
Allison and Mrs.
Coburn had died.
Palmer did inter-
view members of the
Raines family whose
parents had owned
property on what
was then called
Simcoe Street.
This is now 15238
Old Simcoe Road.
When interviewed in 1961, Jessie and
Louis Bond, close friends of Rachel
Raines, stated that they remembered
Rachel telling them on many occasions,
that Daniel David Palmer had been
born in the Old Simcoe Road house.
He also interviewed members of the
Cawker family whose ancestors were
among the pioneers in this community.
They supported the claims of the
Raines family.For some unknown rea-
son, the accounts of the Mary Street
home were superceded by the Bond
and Cawker accounts of Rachel Raines.
Thomas Raines and his wife Rachel
bought the home in 1918. Thomas
Raines died in 1946 and the property
was passed to Velma Raines. Velma
Raines sold the property to John
Ballard in June l 961.2 On this evidence
and the absence of land registry records
for the time of Palmer’s residence here,
the Old Simcoe Road property was
purchased by the Palmer College of
Chiropractic of Davenport, Iowa, for
$5500 in November 1961.
In many communities across the
Province of Ontario, due to the combi-
nation of fires and poor management,
many of the early documents are miss-
ing. Port Perry’s first census occurred
in 1851. It is missing. Registration
records of the two Port Perry homes
associated with Palmer are missing for
the 1845 to 1860 period, as are many of
the tax and enumeration records. It
was initially thought that the first
available documents relevant to the
Palmer family were the census records
of 1861 for Port Perry.Here we find
the record of Thomas Palmer and his
wife Catherine and their family,
including their son, 16 year old Daniel
David.
As a contribution to the preparations
for the 100th anniversary of the open-
ing of the Palmer College of
Chiropractic in Davenport Iowa, Dr.
Herbert J. Vear, President Emeritus of
the Western States College of
Chiropractic, undertook a detailed
study of Palmer’s genealogy.3 Vear had
found that Palmer,in his May 1885
marriage to Martha Henning, had stat-
ed that he was born, not in Port Perry,
4
Bronze bust of Daniel David Palmer, by noted sculptor
Emmanuel Hahn, in Palmer Memorial Park, Port Perry.
by Paul Arculus
The bust in bronze of Daniel David Palmer, the founder of Chiropractic, has stood in Palmer Memorial Park in Port Perry on the shores of Lake Scugog for nearly
60 years. But it needs some adjustment. As a memorial to his birthplace it is in the wrong location. It should read something like: “Daniel David Palmer,
Founder of Chiropractic, September 18, 1895. Born Brown’s Corners, Pickering Township, March 7, 1845. Died October 20, 1913.”
It should then be placed in a park somewhere in the vicinity of the former hamlet of Audley, formerly known as Brown’s Corners, and now a part
of the Town of Ajax. This is not an idle claim by some Pickering historians, but the truth as declared by an historian of Port Perry itself, Paul Arculus,
based upon his own researches and those of some recent Chiropractic advocates.
A Pickering Son: DanielDavid Palmer
(1845-1913),
founder of Chiropractic
A Pickering Son: DanielDavid Palmer
(1845-1913),
founder of Chiropractic
PhotographbyJohnW.
Sabean.
but in Pickering, Ontario.4
Walton’s Directory of 1837 has
Stephen Palmer, Daniel David’s grand-
father,living in Pickering on
Concession 4, Lot 5. Henry Palmer, an
uncle to D.D. Palmer is listed, along
with Thomas Palmer,living on
Concession 3, Lot 3 in 1850.5 The
Palmer family then moved to Whitby
Township for only a year.This is borne
out by the recording of Thomas and
Catherine Palmer as Whitby residents
living on Concession 6 in the 1851 cen-
sus. The following year they are back
in Pickering.
In the 1852 Pickering Collectors’
Rolls, Stephen and Henry are listed as
living on Concession 3, Lot 3, in sepa-
rate homes.
The 1853 Pickering Township
Assessment records list the family
members on Concession 3, Lot 3. They
are listed as: grandfather Stephen on 1
acre, Henry, an uncle aged
36, on 2/3 acre and Thomas,
a shoemaker with no acreage
given. The following year,
the Assessment records indi-
cate that Thomas, a shoe-
maker, aged 31, was living
on a half-acre lot on
Concession 4, Lot 2. Stephen
is also listed but Henry no
longer appears.
Thomas appears on the
1855 and 1856 Assessments
at the same Concession 4,
Lot 2 location. Thomas
Palmer became the postmas-
ter of the Audley Post office
on 1 June 1856. He resigned
from that post on 8
November 1856.6 This five-
month position is unusual in
that most postmasters held
the position for five years. In
1857 there are no members
of the Palmer family listed on
the Assessment records.
This area of Pickering Township
was known as Brown’s Corners and
was later renamed Audley.In his
memoirs, D.D. Palmer’s brother
referred to a “brutish schoolmaster”
named Black. Dr.Vear found that a
John Black was indeed the schoolmas-
ter at Brown’s Corner in a schoolhouse
opened in 1840 on Lot 2, Concession 3
of Pickering Township. This is around
the intersection of Audley Road and
Taunton Road today.
These results of Vear’s research were
initially published in the Chiropractic
Journal of Australia of December 1997.
The 1861 census of Reach Township
has Thomas and Catherine Palmer liv-
ing in that township along with their
16-year-old son Daniel and their other
children: 14-year-old Thomas J., 12-
year-old Lucinda, 10-year-old Hannah,
7-year-old Bartlett and 4-year-old
Catherine.
Issues arose at the Municipality of
Scugog in 2004, regarding the heritage
designation of 15238 Old Simcoe Road.
In order to resolve the details of
Palmer and his association with Port
Perry, a detailed study of all the
remaining Reach Township and Port
Perry documents of the 1845-1865 peri-
od was undertaken. Prior to 1995, the
Reach Township Assessment records
had been overlooked. These docu-
ments were found at the Scugog
Shores Museum.
The Reach Township Assessments
showed that Thomas Palmer paid
taxes on Lot 79 in Port Perry in 1855.
Lot 79 was on the original plan for
Scugog Village drawn up by Peter
Perry in 1845. This is 214 Mary Street
of today.This means that Thomas
Palmer must have moved his family to
Port Perry sometime prior to April
1855. Further,in the Assessment Rolls
of 1858, he is listed as owner of this
property as a cooper (maker of casks
and barrels) and a freeholder.In the
1861 census he is listed as a 37-year-old
cordwainer (leatherworker). In that
same census, his children, Daniel
David, Thomas, Lucinda, Hannah and
Bartlett, are listed as schoolchildren.
Thomas Palmer continued to pay taxes
here until 1865.7 The following year,
1866, Daniel David Palmer was regis-
tered as a school teacher in Muscatine
County, Iowa. From this we can safely
assume that the Palmer family left Port
Perry around the conclusion of the
American Civil War in 1865.
The first clear deeds to 214 Mary
Street occur in 1866 when Jacob
Roberts was registered as the owner.
From that date the record of transac-
tions for the property are vague again
until 1891 when it was sold by George
Thomson to Margaret Babcock.
Beginning in 1899 it changed hands
quite frequently until 1924 when
Benjamin Bushley bought it from
Dorman Corbman. Bushley main-
tained ownership until 1950 when he
sold it to Aylmer and Effie
Ploughman. The Ploughmans sold it
to Ron and Heather Short in 1983.8
15238 Old Simcoe Street was part of
Reuben Crandell’s 200 acre purchase in
1821. The records of its ownership are
vague until 1860 when it was owned
by a George Palmer.In the Palmer
genealogies there are no references to
George Palmer as a brother of Thomas
or their immediate descendants. From
this it is clear that George Palmer was
not a close relative. This ownership of
the Old Simcoe Road property by
George Palmer is probably the source
of the mistaken speculation that D.D.
Palmer had lived here.
The Chiropractors were informed
of these facts about the flawed research
5
PhotographbyJohnW.Sabean.
D.D. Palmer was born near Toronto, Canada, March 6, 1845. He attended a coun-
try school from the age of four years till eleven, his father failing in business, he being
the elder of six children, had to help provide for them, therefore, he had but little time
for schooling. His father allowed him his earnings before and after working hours to
clothe himself, buy books, pay library fees, etc. At the age of 21 he had acquired a prac-
tical education.
— As stated by D.D. Palmer in his Portland Journal of 1908.
Under the prodding of a brutish taskmaster, one John Black, the boy
[Thomas J. Palmer ] mastered the equivalent of eighth-grade school work
by the age of 9 years and was immediately launched into the study of high school
subjects that included the physical sciences.
— As written by D.D. Palmer’s brother, Thomas J. Palmer.
Palmer house at 15238 Old Simcoe Road, Borelia (Port Perry).
Detail of the Tremaine Map of 1860 showing
the area around Audley.
6
PhotographbyJohnW.
Sabean.
Sign at Palmer house in Borelia.
JosephC.Keating,Palmers&thePortPerryMyths,
2005.
Daniel David Palmer (seated left), his father (seated right) and two brothers, about the 1880s.
Arculus&Hvidsten,Uxbridge-Scogog:HistoricHomes
&HeritageBuildings,2005.
Daniel David Palmer is credited with performing the first chiropractic adjustment, on 18 September 1895.
regarding their founder in an informa-
tive article “The Palmers and the Port
Perry Myths,” a 2000-word article that
appeared in the Dynamic Chiropractic
in the spring of 2005.9
The facts are now clear that Daniel
David Palmer, founder of Chiropractic
was born in Pickering Township, not
Port Perry, in March 1845 to parents
Thomas and Catherine Palmer. The
family moved to Port Perry in Reach
Township sometime around 1856 and
Daniel David spent his childhood and
youth there. In 1865 the Palmer family
moved to the Mississippi Valley.
Notes:
1 David D. Palmer,The Palmers: Memoirs of
David D. Palmer (Davenport, IA: Bawden
Press, 1978).
2 Land Registry Office, Whitby.
3 Herbert J. Vear, “The Canadian Genealogy
of Daniel David Palmer,” Chiropractic
Journal of Australia 27:4 (December 1997),
138-146.
4 Marriage Records, Keokuk County,Iowa,
1850-1910, Vol. D1:214.
5 George Walton, The City of Toronto and the
Home District Commercial Directory
(Toronto, 1837); Norman K. Crowder,
Inhabitants of York County, Ontario 1850
(Toronto: Ontario Genealogical Society).
Stephen Palmer served as a township
Pathmaster in 1835, 1837, and 1840: Minutes
of the Pickering Township Council, 1811-
1876 (OA: MS 281 (1)).
6National Archives of Canada. Reference
Numbers 8184-97-V/13441 and 8184-97-
V/l2628.
7Paul Arculus, “The Palmer House.” Paper
presented on behalf of the Lake Scugog
Historical Society to the Scugog Shores
Museum Board, 16 November 2004.
8Paul Arculus and Peter Hvidsten, Uxbridge
and Scugog Historic Homes and Heritage
Buildings.(Port Perry: Observer Publishing,
2005), pp. 119, 120.
9Joseph C. Keating, “The Palmers and the
Port Perry Myths,” Dynamic Chiropractic
(May 2005).
CLAREMONT
Cutting clauses from Claremont — A picturesquely situated and pros-
perous village community on the C.P.R. in Pickering Township —
Who’s who and what's their work —“Traveller” as happy as ever in
his hob-a-nobbing sketches of our rural celebrities.
Claremont, Nov. 3, 1884. Arriving at the village of Claremont about mid-
afternoon on the 17th Oct., I had time to look around me, and get a general idea
of the place ere “twilight grey had in her sober livery all things clad.”1 Oft
repeated quotation, but beautifully expressive. The first thing that attracted my
attention was the sign of Dr. Eastwood.2 This was quite natural it being the first
sign I saw, and the young disciple of so many illustrious masters, being known
to me from his boyhood upwards. Stepping into his office to shake him by the
hand, I found he was out making professional calls, but discovered behind the
counter (the place is used not only as doctor's office, but as drug store, and tele-
graph office) another Whitby boy, a son of our esteemed townsman Mr. John
Robinson wielder of edge tools. The lad is tall, comely and courteous, and
although he may never become addicted to the sharp practice of his father,he is
evidently sharp enough to be placed in a position of trust. Had the pleasure of
seeing the young doctor the following day,and met with a meet hearty recogni-
tion, and learned, not from himself but from others, that he is highly appreciat-
ed, and has already secured a large practice.
The village is finely situated on high ground, on the rear of the eighth and
front of the ninth concessions of Pickering, about half way between the town
lines of Whitby on the east and Markham on the west. The view of the sur-
rounding country is fine in almost any direction, and the village presents a most
picturesque appearance from various points of observation, especially from some
positions along the line of the C.P.R.
The buildings are generally good, mostly frame, with several nice substantial
brick residences intermingled. There are only two general stores in the place;
the first and largest being that of Messrs. J. & D. McNab, situated on the corner
on the east side of Brock St. at the intersection with Central street.3 It is a fine,
large, well built brick building, and presents a very attractive appearance both
outside and in.
The stock is large and varied, embracing every line of goods needed in a
country store, which means a much wider range than can be found in any town
or city store, where the goods are limited to certain branches. The present firm
has carried on business in Claremont for about 25 years, being preceded by Wm.
McNab Esq. now deceased who conducted the business previously for about five
years, making the whole time since its establishment about 30 years.4 The mem-
bers of the firm are Scotchmen, from Glasgow, possessing all the pluck, push,
and perseverance so characteristic of their race. I had the pleasure, through the
courtesy of Mr. D. McNab, one of
the members of the firm, of viewing
the premises from cellar to attic, and
saw everywhere the evidence, not
only of an extensive trade, but of that
careful and judicious attention to
details which is one of the grand
secrets of success in any line of business.
The building now owned and occu-
pied by the firm, was erected by the
late John O. Mitchell,5 and was
purchased from the estate after
his decease. A very large trade is
evidently being done here. The Post
Office is kept here also.
Immediately west of this, just
across the road, is the general store
of Messrs. Hopper & Stokes where
a good business is also being done.6
The building is stone, and of more
limited capacity than the one over
the way. Robt. P. Hopper, the senior
member of the firm has been eight
years in business here, seven alone,
and one year under the present
co-partnership. They are doing a
good thriving business.
Then, just over the way from the
Post Office, or a little eastward, on
the north side of Central street, is the
Foundry, planing mills, and machine
shop of Robt. W. Ward Esq.7 This is a
fine location for a business of this
kind, especially now that the C.P.R. is
in running order with its Claremont
station about three quarters of a mile
north. The foundry branch of the
business consists mainly at present in
making repairs for agricultural
machinery, plough points, &c., and
might with capital, energy, and tact,
be largely extended. I am informed
there is a large planing mill business
done here, which is also capable of
much increase.
I found a “Harper’s Planer and
Matcher” in the premises, which Mr.
Ward says “is an extra good machine,
and works splendidly.” Let our friend
Major put that in his pipe and smoke
it. Mr. Ward is I find desirous of dis-
posing of a part of his business, so that
he may be able to give greater atten-
tion to the other part whichever that
may be, so here is a fine opening for
some man of means and enterprise.
7
Traveller in Claremont 1884Traveller in Claremont 1884
Our now-familiar “Traveller,” Ross Johnston (1827-1911),
salesman for the Whitby Chronicle, pays a visit to the village of Claremont in north Pickering Township.
He wrote four articles about Claremont, two of which we reprint here.
Traveller, “Our Town and County,” Whitby Chronicle 28 (Friday, 7 November 1884)
Centre Street, Claremont, c1914. Looking west across old Brock Road.
From a post card in the PTHS collection.
Canadian Pacific Railway Station, North Claremont.
J. & P. Macnab’s general store, Claremont. From a post card in the PTHS collection.
8
Here too is a harness maker’s
establishment, on the corner just
north of Hopper & Stokes' store
across Central street, of which the
enterprising proprietor is Mr. N.
Burton.8 The business is carried on
in all its branches, and is apparently
in a prosperous condition. Mr. Burton
generally employs two hands,
sometimes more, in addition to
himself. His stock is now lower than
usual, owing to the large and increas-
ing demand for his goods.
A little further west is the furniture
establishment and carpenter shop of
Mr. James Paterson, a canny
Scotchman, who finds plenty to do,
and takes hold and does it.9 He gives
special attention to picture-framing
which he does at lower rates and in
the best style.
A little further on is the shoemaker’s
shop of Mr.B.S. Palmer,who has
been 12 years or more in business
here, and is likely to keep at it long
enough, as it appears to agree
with him and his able assistant
remarkably well.10
Then going still westward, I find
Mr.Wm. Bell, baker,a Galloway
man, not long out, but who has “fall-
en on his feet” here, and dropped on
a fine locality for his trade, which he
has all to himself, and of which fact
he seems to take no undue advantage,
as I find on inquiry,he furnishes an
excellent article of bread at from 10
to 11 cents a loaf. He further informs
me he does a good paying business
at those rates, which there is no rea-
son to dispute. He and his good wife
and little family have “Traveller’s”
best wishes. I tasted his buns and
found them excellent.
Speaking of buns and bread
reminds me that we could have nei-
ther without the help of a mill and
miller,both of which are to be found
in the village of Claremont. As the
miller was not in his mill when I
called, I will call again and tell you
all about it in my next.
Returning to the word buns,and I
do so involuntarily, as the relish of
Mr. Bell’s buns is still fresh in my
memory, I am not only reminded of
the miller and his mill, but of the
name Bundy, a name as common here
as is the name of Jones around
Balsam. Visions of the past were re-
called by the name. Memories that
had been sleeping since the winter of
1848 were awakened. A certain
Bundy I had known in the village of
Uxbridge where I was the village
school-master during said winter
came before my mind’s eye, and vari-
ous little incidents associated with
him came fresh to the front. I ascer-
tained on a personal interview with
Mr. Geo. Bundy, furniture dealer and
undertaker, of this place, that he was
the man, but found I had rather the
start of him in the matter of a reten-
tive memory.11 We had a good talk
about the olden times.He has been in
business here over 30 years and has
carried on the undertaking depart-
ment for 22 years. Picture framing is
embraced in the general business.
South of him on Brock St. or Central
St. north is his brother Joshua Bundy,
tinsmith, and dealer in stoves, stove
furnishings and everything in that
line.12 His shop is well filled, and
work-shop fitted up with the
most approved machinery.Another
brother, William, is at work with
him.13 Another,Alfred, is the village
painter,glazier, paper hanger, &c.,
and still another,Abram, is a
carpenter by trade, and a
manufacturer of gates, rollers,
hay-racks, wheel-barrows, &c.14
But this letter must now close.
Will continue sketch next week, and
among other matters will introduce
to you Mr. McNab, senior, whose
acquaintance I had the privilege
and pleasure of forming, and whose
cheery,kindly words, linger and
echo in my ear and heart, as the
ripple and murmur of the brook
in his native Highland glen, linger
and echo in his own.
Traveller
Traveller, “Our Town and County,” Whitby Chronicle 28
(Friday, 14 November 1884)
Claremont continued — Of tailors three and vulcans too —
Lochinvar — St. Crispin served two-and-thirty years — Esculapian
and veterinarian disciples — “Traveller” as interesting as ever.15
Claremont, Nov. 11, ’84. Wandering about on the highways and by-ways of
Claremont I discovered three tailors, all sound on the goose question. First,
Mr. Thos. Johnston from Paisley, Scotland, whose fine honest countenance
declares him a man to be trusted. Next, Mr. Wm. Watson of English birth,
who has been in business here for 27 years or over, and has seen many changes
in his adopted country and village. Next, Mr. Fred Farmer, also English I
believe, who is just starting, and only wants elbow room.16 Plenty of elbow
room in this free country, Fred, so pull away my lad.
Then, in dressmaking, which is a kindred business of the female persuasion
now-a-days, though not always so, Miss M. Roubillard seems to have the full
sweep of the trade, which I am informed, she is worthy of, as she has a thor-
ough understanding of her business, and turns out nothing but first class work.
She generally employs five hands.
CourtesyofHughPugh.
Then, as to blacksmiths, there are
at least three, namely, Geo. Graham, a
border Scotchman from Cannobie, a
locality the writer knew something of
in his youth; and good reason has he
to remember Cannobie, for there was
the home of Bella Thompson with
whom in youth's bright morning he
wandered hand in hand. George gives
special attention to horse shoeing, and
need fear no rival while his good arm
retains its power. Perhaps some of his
ancestors did the shoeing of the
famous steed that carried double
when young Lochinvar ran away
with the bride of Netherby.17
“There was racing and chasing on
Cannobie lea, But the lost bride of
Netherby ne'er did they see.”
Speaking of Netherby and my
younger days, reminds me that there
is in that neighborhood the remains of
an old Roman wall, known as
Hadrian's Wall often visited
by tourists and antiquarians when
I was a boy.Very likely George
has been there.
Next, here is Henry Thompson,
who has been in the field eleven years,
and who in addition to general black-
smithing, manufactures iron-harrows,
scufflers, &c.18 Next here is Alex.
Morgan, whose ready hand and
strong arm is prepared for anything
and everything in his line.19
Claremont has also its carriage
making establishment, presided over
by Mr. Wm. Dowswell, who has been
here 14 years, and is preparing to
enlarge his business by adding thereto
the agency for Speight’s
Manufacturing Co. of Markham.20
Let the man who wants a waggon
buggy, sleigh, wheelbarrow, or any-
thing of the kind just give William a
call. Then here on the east side of the
street as you go north towards the sta-
tion, is to be found the veteran shoe
maker Mr. John Palmer, who has
been perhaps the longest in business
in one place of all the shoe makers in
the county. He has been here no less
than 32 years plying his hammer and
pulling his thread. His customers will
find him true to the last. John believes
in the home made article, and he and
his son both know how to make it.
John has evidently prospered in his
business, and may well say “nothing
like leather.”
Here too is Magnus Henderson (it
is quite unnecessary to prefix Mr. to
his name) dealer in Boots and Shoes,
home made and imported, of which
he has a good stock on hand, and can
give a good fit at a fair price.
Further north still, and turning my
eye sideways to the east, I observe the
sign of Dr.D.W.Ferrier,21 and the
hand on the dial-plate of memory
points backwards no less than 30
years to the time when the now M.D.
was a young pedagogue at Hamer's
Corners22 in the town of Whitby,and,
with a view to his present calling, was
giving some attention to medical
studies. A certain watch trade
between us also came to mind, so
without halting to knock at the office
door, or rather without waiting for an
answer to my knocking, in rushes
“Traveller” to have a shake of the
hand of his friend of years gone by,
and a good hearty shake it was. The
Doctor,like Traveller, is not so young
as he was 30 years ago, but hale and
vigorous, and has had much valuable
experience. He has been here about
two years, having previously practiced
in Brougham for about 20 years. His
Brougham friends seem to stick to
him still, as I found one of them in his
office consulting him, which certainly
speaks well for his reputation. He
also keeps on hand in his drug store a
select stock of staple drugs and medi-
cines, &c. May he long continue to
have a large and successful practice in
this his comparatively new field.
After a parting shake with the
Doctor, I wander back again to the
main corner, where stands the
“Claremont Hotel” kept by Mr. F.
Webb,23 who seems to have plenty of
accommodation for all comers. Then
crossing over to the Post office and
store of Messrs. J. & D. McNab, I turn
eastward up Central street and pass
the “Queen’s Hotel” kept by Mr. E.
Derusha,24 who also has ample accom-
modation, and who, as Traveller
knows keeps an excellent table.
Passing on I find the office of Mr.
C.J. Brodie,25 Veterinary Surgeon, and
stepping in to have a chat, I find him
as on a previous call, busy with con-
sultants, and preparing to go out on
professional work. Managed to head
him off long enough to secure his
name on my list of honor, and to learn
such particulars as I wanted to get at.
Find he has been nine years in busi-
ness here and has a large practice. His
patients are horses, cattle, and domes-
tic animals generally,in the treatment
of which, the people about here say he
is very successful. Passing onward,
occasionally crossing and re-crossing
the street, I drop in upon Mr.Thos.
Dunn, one of the auditors for the
township of Pickering, who in addi-
tion to other pursuits does something
in conveyancing.26 Mr. Dunn is a man
of intelligence, and knows something
of the ups and downs of life. I have
just learned of the death of W.H.
Michell Esq.,27 aged 90 years, and who
has been a resident of Pickering for
no less than 53 years. Few men will
be more missed than he. Many a deed
and mortgage has he prepared for
execution, and many a will has he
drawn, and like Traveller many a
long walk has he had in his day.To
walk between Claremont and Whitby
and home again was nothing unusual
for him. He did it on principle,and
carried his principle into practice.But
his familiar face will no longer be
seen among us; he has taken his last
9
PickeringNews
21June1889.
PickeringNews25
Sept.1885.
.
Charles J. Brodie, V.S.
Joshua Bundy
Nicholas Burton
Fred Farmer.
Magnus Henderson
Robert W. Ward
The Business Men of Claremont, 1910.
journey, and passed away to his long
home. There, I must close again, and
alas, I have hardly kept faith with my
readers. I promised to introduce to
your notice more fully my aged and
honored friend Peter McNab, Esq.,28
and also to refer more fully to the
Claremont mills. Well, please excuse
me this time, I will do my best to ful-
fil engagements next week and to
touch on matters which must for the
present be left.
Traveller
Notes:
1 “Now came still evening on, and twi-
light gray / Had in her sober livery all
things clad.” John Milton, Paradise
Lost,Bk. IV,l.598.
2 Dr. William Franklin Eastwood (c1860-
1906).
3 John (c1837-1910) and Duncan Macnab
(1839-1912).
4 William Macnab (c1829-1866).
5 John C. Michell (c1817-1873).
6 Richard Stokes (1853-1889).
7 Robert W. Ward (c1838-1914).
8 Nicholas Burton (1846-1931).
9 James Paterson (1837-1892).
10 Benjamin Shackel Palmer (1832-1913).
11 George Bundy (c1825-1903).
12 Joshua Bundy (c1839-1916).
13 William Bundy (c1845-1915).
14 Abram Bundy (c1842-1917).
15 Esculapian = Aesculapian, which means
“of or relating to medicine or physi-
cians”—after Aesculapius, the Roman
god of healing (= the Greek, Asclepius).
16 Fred Farmer (1848-1922).
17 The reference is to Sir Walter Scott's
poem Marmion,a tale of the Battle of
Flodden Field in 1513. Within the
poem, published in 1808, are a couple of
well-known songs or ballads—“Where
shall the lover rest” and “Lochinvar.”
Lochinvar is the hero of the second
ballad; Ellen, “the bride of Netherby,” a
woman in distress. Ellen is about to be
married to “a laggard in love and a das-
tard in war,” when Lochinvar shows up
at the bridal feast. He claims a dance
with the bride-to-be, dances her to the
hall door, swings her onto his horse,
and rides away with her.
18 Harry H. Thomson (1849-1923).
19 Alexander Morgan (c1825-1912).
20 William Dowswell (1846-1927).
21 Dr. David William Ferrier (b 1833).
After serving in Brougham from 1862
to 1882 and Claremont from 1882 to
1892, Ferrier moved his practice to
Toronto.
22 Hamer's Corners was located where
Dundas Street now intersects with
Anderson and Hopkins Streets, in
Whitby.Originally named Crawford's
Corners, it was renamed for John
Hamer (1787-1872) who came to this
settlement from Wales in 1835, and
operated a general store. See Brian
Winter, Chronicles of a County Town:
Whitby Past and Present,1999, pp. 23-26.
23 Francis Webb.
24 Edward Derusha.
25 Charles J. Brodie (1853-1918).
26 Thomas Dunn (1831-1916).
27 William Henry Michell (c1805-1884).
Michell was Pickering Township's first
reeve.
28 Peter Macnab (c1798-1895).
10
Claremont Hotel.
Gauslin,FromPaths
toPlanes(1974).
Breach of Promise:
Coombe vs Hood
Pickering News 14 March 1890
A case of much interest to all in this
vicinity came up at the Spring
Assizes in Whitby on Tuesday, before
Chief Justice Armour.This was a
breach of promise case brought by
Mrs. Coombe of Port Perry, against
Mr. John Hood. The plaintiff is
described as a “good looking widow,”
and her claim was that the defendant
had promised to marry her, that sev-
eral days had been set for the ceremo-
ny but that each time the gay deceiv-
er failed to turn up. The gentleman
referred to as the gay deceiver
claimed to be no deceiver at all. He
said he had promised to marry the
good looking widow but only one
day had been set for the ceremony
and he was unable to attend on that
day. He did not dispute his promise
to marry her, and was still willing to
do so. The plaintiff thought that no
sum less than $2000 would ever heal
her lacerated affections, but the jury
thought that $400 should suffice and
gave judgment for that amount. It
seldom happens that a man aged sev-
enty is dragged into a breach of
promise suit, but in spirit Mr. Hood
is still a youth. Mr. McGillivray acted
for the plaintiff and Mr. Patterson
Q.C. for the defendant.
LOST
The Oshawa Reformer 3, 34
(Thursday, 7 November 1850), p. 3.
A Note of Hand, for £25, given to
James Courtice, Pickering, by Robert
Colley, of the same Township, on the
1st day of Dec., 1849, payable 1st
Dec., 1850, has been, so far as can be
ascertained, either lost or mislaid,
and this notice is to prevent any
future holder of said Note, should it
be found, from collecting it after the
note has been paid.
Alice Courtice
Pickering, 16th Oct., 1850
[The copy of the newspaper from which this
was taken is at the National Archives, The
Barclay Family fonds, MG25 G272.]
Portraitsfromphotograph“TheBusinessMenofClaremont,1910.”
CourtesyofKeithWard..
During the late evening of the
26th of July 1877 two men
entered the residence of
Thomas and Ellen Bennett,
west of the hamlet of Brougham, and
brutally raped Mrs. Bennett while
her husband was away working. So
savage was the attack that the victim
died two weeks later. Before she died,
however, she was able to make a
statement before a local Justice of the
Peace that eventually led to the arrest,
trial, and conviction of two of her
neighbours, John McPherson and
Thomas Burke.
Ellen Bennett was the daughter of
John Miller who formerly farmed the
north end of Lot 17, Concession 6, to
the northeast of Brougham.1 By 1877,
however, Miller had retired and
moved to Genesee County in
Michigan. James, an elder brother of
Ellen’s, still lived on the old home-
stead, but he was a teacher, not a
farmer.2 Ellen was about 23 years old
at the time of her death.
Thomas Bennett’s origin is more
obscure. He may have been a son of
farmer William Bennett.3 If so,
according to the census records, he
was about 40 years of age in 1877.
Bennett was reportedly not a reliable
bread-winner,but in the summer of
1877 he was employed by one of the
Besse brothers in Goodwood,
Uxbridge Township, probably at the
Besse brothers sawmill in the centre
of the hamlet, at a rate of $12 per
month.4 He went up to Goodwood for
the week and returned home Friday
or Saturday evenings for the week
end.
The record states that the Bennetts
had been married for about ten years
and had five children, two of which
had been born before they were mar-
ried. It is not clear who the father of
the first two was, but if all this is
accurate, Ellen began to bear children
at a very early age, indeed.
The Bennetts lived
on Sideline 24 just
north of the Sixth Concession Road.5
They had only lived there for about a
year or a year and a half.
The incident was first reported in
the local newspaper — the Whitby
Chronicle —two weeks after its
11
Crimes of a Century:The bennett Case
Crime Scene Investigation - Pickering
An Early Example of ChemicalAnalysis Leading to a Murder Conviction
by John W. Sabean
This is the third in a series of articles about sensational crimes in nineteenth-century Pickering.
occurrence and only
when Mrs. Bennett
stood at death’s door.6 On Saturday,
11 August, the day after her death,
County Coroner,Dr.David Tucker
of Pickering Village began the
inquest.7 The inquest was to last for a
week and a half and conclude with
the indictment of two young men.8
As reported by Ellen Bennett in
her deposition to Justice of the Peace,
John Phillips,9 at about midnight on
Thursday two men, whose descrip-
tion she gave, but whose names she
did not provide, attempted to gain
entry into her home through a win-
dow. She tried to hold the window
down, but a pane was missing and
one of the men placed his hand over
her mouth. She then became uncon-
scious and remained so for about two
hours. When she recovered her senses
she was aware that she had been
badly abused by the two men. She
did not react immediately, however,
but waited until morning to send her
son to look for tracks and especially
to determine in which direction her
assailants had departed.
Only on Saturday did Mrs. Bennett
send for her neighbour, Catherine
Fuller,to report what had happened
to her.10 Mrs. Fuller conducted the
first preliminary examination and
“found marks of violence on her pri-
vate parts.” She also testified at the
inquest that Mrs. Bennett “always
appeared a very respectable person”
and that earlier in the year she had
suffered a miscarriage and “since
then she has had rather poor health,
but had been able to attend to her
household duties.”
No doctor was consulted until
Sunday. Thomas Bennett arrived
home on Saturday evening and found
his wife ill in bed. She told him what
had happened and the next morning
he summoned Dr. David W. Ferrier,
of Brougham.11 Dr.Ferrier testified at
the inquest that upon examination he
believed Mrs. Bennett’s statements of
her abuse to be correct. He continued
to attend her until she died on 10
August.
The post mortem examination was
conducted by Dr. William O.
Eastman, of Whitby.12 In his testimo-
Key: North side of Main St.
7, 8 George Phillips,
butcher, witness in
perjury case & trial;
18 Brougham Central
Hotel, Thomas Majors,
manager, witness at
inquest & trial;
4 John Burke, merchant,
postmaster, witness in
perjury case;
3 Moses Linton,
merchant, witness
at inquest;
1 Brougham Hotel,
Thomas Bennett,
manager,witness
at trial.
Key: Southwest corner:
17 G. Washington
Woodruff, witness at
trial.
Key: Southeast corner:
55-56 James Robertson, juror
at inquest;
47 William John Bodell,
shoemaker, witness
at inquest;
14 George D. Crowhurst,
harness maker, juror
at inquest;
12 William Abblot,
merchant, witness in
perjury case;
11 Commercial House,
Samuel B. Webb,
manager,witness in
perjury case & trial.
IllustratedHistoricalAtlasof
OntarioCounty(1877),p.
34.
Miller(1973),p.91.
Plan of the Village of Brougham, 1877.
Portrait of Dr. David W. Ferrier.
ny he declared the victim to have been
in “a generally healthy state,” with the
exception of a lung which was slightly
diseased. It was his belief “that death
resulted from the brutal assault that
had been committed on the woman.”
After Dr.Eastwood’s testimony the
inquest was adjourned for a week. In
the meanwhile the township council
offered a reward of $200 for informa-
tion that would lead to the apprehen-
sion and conviction of the assailants.
Apparently information was reported
to the authorities and before the
inquest was resumed John McPherson
and Thomas Burke were arrested on
suspicion.13 Of what that information
consisted was not reported in the
Chronicle,but can be deduced from
the testimony that followed as the
inquest continued.
News of the “outrage,” as the
Chronicle termed it, of course, had
spread rapidly throughout the com-
munity. There was no suspicion of
any strangers being the perpetrators,
so suspicion fell upon a number of the
community’s young men. In all, thir-
teen names were put forth as possible
suspects — but this number was
quickly reduced to the two who were
arrested. Apart from McPherson and
Burke, the other names that were dis-
cussed were the husband, Thomas
Bennett; brothers John and James
Cowie; brothers Parsons and James
Hogle; Byron Freel, a doctor’s son;
James Storey; John Burton; William
Gerow; and two others whose names
were never reported in the newspa-
per.14 As nearly as I can determine, the
only evidence that suggested the par-
ticipation of most of these young men
is that they lived in the community
and may have had opportunity.
In fact, most of the rest of the testi-
mony at the inquest hinged upon who
was where, at what time, and with
whom. And in this the testimony was
conflicting. James Somerville, a young
man of about 21 or 22, who worked as
a hired man for Donald McPherson,
father of John McPherson, strongly
swore that McPherson — his bedmate
—was home before 11 p.m. on the
night of the outrage. His testimony
flew in the face of other testimony
that placed McPherson in Brougham
after 11 p.m. Somerville was later
tried on a charge of perjury, but was
acquitted. He continued to maintain
his position and would repeat it at
McPherson’s trial.
John Cowie, another witness, prob-
ably in support of his close friend
John McPherson, gave testimony that
suggests that Mrs. Bennett was not a
moral person — that she used “rough
language” and “acted too free with
witness.” He also said that he had
“had connections with her once, for
which he paid her fifty cents.” The
Whitby Chronicle was not at all
impressed with his testimony and
commented that “Mr. John Cowie’s
evidence will scarcely add to his repu-
12
Whitby Jail, c1940.
Winter(1999),p.199.
Detail of map of Pickering Township showing
Brougham and vicinity in 1877.
Key:Thomas Burke, defendant, and William G. Gerow, witness at
inquest & trial, lived in Whitevale (in lower left corner of map).
Witnesses James & Parsons Hogle and Joram Littlejohn, and juror
Colin Phillips lived in the 6th Concession west of Brougham.
Jurors Robert Jackson, Elanson & Willard Blandin, James Fuller,
and John C. Bell, and witnesses Robert Underhill, Catherine Fuller,
and Ellen McPherson, as well as defendant James McPherson, all
lived in the 7th Concession west of Brougham.
Juror Thomas Wilson, and witnesses John Hood, John Curtis,
and James and John Cowie, lived in the 8th Concession west of
Brougham.
John Wilson MurrayIllustratedHistoricalAtlas
ofOntarioCounty(1877),
p.18-19.
tation as a model moral young man in
the community in which he resides.”
When it came time for his brother
James to appear before the inquest a
quite different view was presented. In
fact, James stated clearly that he had
never heard his brother or anyone else
“speak lightly of her character.” The
Chronicle commented: “His manner
and his answers were very different
from those of his brother, and very
favorably impressed the court and
jury.”
The most damaging testimony
against the defendants came from
William Gerow, a blacksmith from
Whitevale. His story was a long and
complicated one, but the essential part
of it was that he was at the
McPherson house the evening of the
rape waiting to meet McPherson and
Burke, who were to precede him to
McPherson’s and there show Gerow a
horse McPherson wished to trade for
Gerow’s mare. Although he waited at
the farm until about 1:00 p.m.,
McPherson and Burke never showed
up. If his evidence was to be believed
it indicated that, despite other testi-
mony to the contrary, McPherson and
Burke were together that evening and
that McPherson was not, in fact,
home by 11:00 a.m. as he insisted (and
as Somerville claimed).
When all of the testimony was in
Dr. Tucker gave a careful summing
up of the evidence. In his two-hour
address to the jury he noted the dis-
crepancies in the statements of the
witnesses, but concluded by stating
“that the medical evidence left no
doubt as to the cause of death.” He
charged the jury that if “looking at all
the evidence, the contradictions of
some of their witnesses, and balancing
the credibility, they came to the con-
clusion that there was reasonable
proof against the parties charged
before them, it was their duty to find
a verdict against them regardless of
consequences.”
The jury took two hours to deliber-
ate before rendering their judgment,
which the foreman, Frederick Meen,
read with tears in his eyes. The ver-
dict read: “We find that Ellen Bennett
came to her death on the 10th of
August from injuries inflicted upon
her on the night of the 26th of July;
that said injuries were feloniously
committed by James Burke and John
McPherson, and that said Burke and
McPherson did forcibly enter the
dwelling on the night of the 26th July,
with intent to commit a rape on the
person of the said Ellen Bennett.”
The prisoners were then removed to
Whitby Gaol and bound over to
appear at the next assizes.
Feelings were running
high in Brougham
and vicinity. Many
believed that the case
against McPherson
and Burke was far
from conclusive. As
a result County
Attorney J.E.
Farewell wanted to
take no chances
when the prisoners’
trial came up in the
spring. He
called
in the provincial detective, John
Wilson Murray, to head up the inves-
tigation. Murray did not take his task
lightly, but set out to prove beyond a
shadow of doubt that the accused
were in fact the guilty parties. The
pursuit of evidence broke some new
ground in criminal investigation and
this would be brought out in testimo-
ny at the trial.
The trial did not begin until the
beginning of May 1878, to allow for
the gathering of all the evidence. It
was to be a high-profile case and
attracted some of the top legal minds
of the day, as well as testimonies from
the foremost medical experts Toronto
could provide. The judge for the trial
was forty-four-year-old Robert
Alexander Harrison, who had been
appointed Chief Justice of the Court
of Queen’s Bench of Ontario in 1875.15
The prosecutor for the Crown was
B.B. Britton, Q.C. Defence Counsel
was provided by Matthew Crooks
Cameron, Q.C.16 Seventeen potential
jurors were rejected before the final
12 were decided upon.17
The opening statements in the trial
came from the victim’s husband,
son, and father; from the victim
herself by way of her deposi-
tion; and from the neigh-
bour, Catharine Fuller,
who had been the first to
attend to the victim.
Nothing new arose from
those testimonies.
Then it was
the turn
of the
medical
profes-
sion to
determine what, if any, violence had
been inflicted on the victim, and if it
had, was it sufficient to have caused
the victim’s death. The local doctors
who had participated in the inquest,
Drs. Tucker, Eastwood and Ferrier
were unwavering in their declaration
that Ellen Bennett’s death was the
result of a violent assault. Dr.
Eastwood went so far as to say that he
believed a “rigid body” had been
thrust into the victim. His testimony
was long and detailed.
The expert medical opinion of
Toronto was not as conclusive. Two of
the top physicians and medical educa-
tors of the city, Dr. William Thomas
Aikins and Dr. Uzziel Ogden, were
called to comment on the foregoing
medical testimony.18 Neither, of
course, had physically examined the
victim and could only draw their con-
clusions from the evidence as provid-
ed by Dr.Eastwood. Aikins agreed
with Dr.Eastwood “that death result-
ed from acute cellulites [inflamma-
tion].” He stated that he had complete
confidence in Dr. Eastwood’s exami-
nation and diagnosis. He would not
state positively that Bennett’s “death
was the result of violence,” but he
could “see no other cause.” Ogden, on
the other hand, was not willing to
accept the conclusions of the other
witnesses. “Taking the statement of
the deceased to be true,” he declared,
“her appearance would not satisfy me
that death was the result of violence.
My evidence is of a negative character.
I cannot swear death was or was not
the result of violence.”
Medical testimony then took a new
direction. Dr. Ellis of Toronto was
sworn in. We would call him a foren-
13
Winter(1999),p.70.
Ontario County Court House, 1860, from the Tremaine wall map (1860).
sic scientist today; he referred to him-
self as “Public Analyst” for Toronto.
His specialty was analytical chemistry,
which he applied to some of
McPherson’s clothes, especially a pair
of trousers on which, despite having
been recently washed, he found “six
distinct blood stains.” Ellis described
these blood stains in detail, said he
had examined them under a micro-
scope, and had applied the “usual
chemical tests for blood.” “There is no
question about them being blood
stains,” he declared.19 After his testi-
mony was finished, court adjourned
for the day.
When the trial resumed the next
morning, after some preliminary dis-
cussion of how the trousers had been
obtained, testimony concentrated on
the movements of Burke and
McPherson. It was evident that the
prosecution had pursued the case with
great diligence. Gerow repeated his
damaging testimony given previously
at the inquest. Numerous other wit-
nesses were then called to corroborate
bits and pieces of Gerow’s evidence.
The defence, when its time came,
made every effort to refute the claims
of the prosecutor’s witnesses, but the
investigators had done their job thor-
oughly,and although the testimony
was contradictory, there was enough
independent testimony to prove the
Crown’s case, that McPherson’s and
Burke’s alibi was manufactured.
Once all of the testimony had been
given it came time for the summing
up. The defence counsel went first;
Mr. Cameron’s address attempted to
show the weaknesses in the prosecu-
tions’ case — and some of his points
might have been sufficient to raise a
kernel of doubt. He claimed, to begin
with, that the prisoners’ rights had
been violated due to an unnecessary
delay in the trial. [This was caused by
the need to examine McPherson’s
trousers, which were not obtained
until late in the investigation.] He
also claimed that the trousers were
illegally obtained — without the
securing of a search warrant.
Despite what appeared to be a
long, thorough investigation,
Cameron argued that even here there
were some inconsistencies — specifi-
cally, he said that there was no exami-
nation of the ground outside Bennett’s
window to determine if the plants
had been trampled. Cameron also
suggested that there might not have
been an assault at all; other interpreta-
tions of the evidence were possible.
The men might have been admitted
willingly [but this still contradicted
the prisoners’ supposed alibi], or,
rather than a rape an abortion might
have been intended [the medical evi-
dence could not entirely rule this out].
Cameron argued, as well, that Mrs.
Bennett did not herself name her vio-
lators, although she knew at least one
of them. Furthermore, based on Dr.
Ogden’s testimony, the medical evi-
dence itself was inconclusive.
On a couple of other points
Cameron was less ingenuous. He
tried to throw some of the blame on
Thomas Bennett as a “worthless,
thriftless husband who was not able
to support her.” And furthermore, he
tried to throw doubt on Gerow’s testi-
mony by claiming that he did not
come forward to give evidence until
after the township council offered the
reward. Neither of these latter com-
ments was likely to go down well
with the jury.
Mr.Britten’s case was much sim-
pler. He believed he needed to have
demonstrated two things-the cause of
death and the prisoners’ guilt. He
argued that the medical testimony
was, indeed, sufficient to prove that
Mrs. Bennett’s death was the result of
a violent attack. As to the part played
by the accused, he said that the blood
on McPherson’s pants was “damaging
evidence.” He concluded: “It was
proved beyond doubt that they [the
accused] were after eleven o’clock at
Major’s [Hotel] at Brougham.”20
Therefore the claims of Somerville,
McPherson’s sister,and others were of
no effect: “the bulk of the evidence
was against the alibi set up, and in
favour of the theory of the Crown.”
When Chief Justice Harrison made
his charge to the jury he said they
needed to be satisfied that death had
resulted from violence and that that
violence was attributable to the pris-
oners — one or both. Since these were
the same two points stressed by the
prosecution, and were the points they
sought so diligently to prove, it is not
surprising that the verdict when it
was announced by the jury was
GUILTY, although they softened it,
they believed, with a recommendation
for mercy.
The Chief Justice said he con-
curred with the judgement, but noted
that, despite the recommendation for
mercy, he was bound by law to pro-
nounce otherwise: “The sentence of
the Court upon you, Thomas Burke,
is that you be taken hence to the place
from which you came, and that you
remain there until Friday, the 14th of
June, at ten o’clock in the morning,
when you will be taken to the place of
execution and hanged by the neck
until you are dead. May God have
mercy upon your soul!” Turning to
McPherson the Chief Justice said: “I
dare say your father and mother had
better hopes for you,” then passed the
judgment of the Court in the same
manner.
Notes:
1 I have not been able to find a link between
John Miller and the Millers of Thistle Ha’.
2 Assessment Roll for 1877.
3 Census of 1861.
4 On Besse brothers see Eleanor Todd, Burrs
and Blackberries from Goodwood (Goodwood,
1980), p. 77.
5 Lot 24, Con 6. The 6th Con Rd is now
Highway #7. The Bennett’s house is indicated
on the 1877 Beers Atlas map; it is just north of
the blacksmith shop.
6 The Pickering News was not founded until
1881. Coverage of this story appeared in the
Whitby Chronicle beginning 9 August. It
continued 23 & 30 August, & 6 September
1877, and 9 May 1878. Ellen Bennett died on
Friday,10 August.
7 Dr. David Tucker (b. c1824) was the 2nd doc-
tor to practice in Pickering Township (in suc-
cession to Dr. William Burns). Among his
other interests he was superintendent of
schools and a classical scholar. In 1867, he ran
for federal office but lost. See J.E. Farewell,
County of Ontario (Whitby, 1907), p. 17; T.E.
Kaiser,A History of the Medical Profession of
the County of Ontario (1934), pp. 70-71.
8 Names of jurors at inquest: G.D. Crowhurst,
A.D. Matthews, Charles Matthews, and
Alexander Robertson, of Brougham; John
Bell, Lot 25, Con 6; Elanson and Willard
Blandin, Lot 22, Con 6; James Fuller, Lot 24,
Con 6; Robert Jackson, Lot 21, Con 6; Colin
Phillips, Lot 21, Con 5; Casper Willson, Lot
21, Con 4; and Thomas Wilson, Lot 22, Con
7(?).
9 John Phillips, J.P. (1817-1901), Lot 22, Con 5.
10 Catherine Fuller (c1837-1900), wife of James
Fuller; lived on the 6th Concession Rd., the
nearest neighbour of the Bennetts.
11 Dr. David William Ferrier (b. 1833), prac-
ticed in Brougham from 1862 to 1882, and in
Claremont from 1882 to 1892, after which
date he resided and practiced in Toronto.
12 Dr. William O. Eastwood (1831-1913) prac-
ticed in Whitby. He also served a term as
superintendent of schools in Whitby. His son,
Dr. William Franklin Eastwood, later prac-
ticed in Claremont. See Brian Winter,
Chronicles of a County Town (Whitby, 1999),
p. 117; Farewell (1907), p. 71.
13 John McPherson’s name is given alternatively
in the documents as John and James, and
sometimes Jack. The Assessment Roll for
1877 (#976) describes him as John
McPherson, age 25, a farmer on the north
half of Lot 24, Con 6. Strangely, two sons of
Donald McPherson are given the name John
in the Census for 1871.
14 James & John Cowie, Lots 26 & 27, Con 7;
Parsons & James Hogle, Lots 19 & 20, Con 5;
James Storey, Lot 15, Con 6; John Burton,
Lot 16, Con 6; William Gerow, Whitevale;
Byron Freel, residence not known.
15 Harrison (1833-1878) was a Conservative
politician and author, as well as a judge. He
had been called to the bar in 1855, and was
made Queen’s Counsel in 1876. See the
Dictionary of Canadian Biography(DCB), X,
336-337.
16 Cameron (1822-1887) was also a
Conservative politician; the leader of the
Conservative Opposition from 1871-1878. He
had been called to the bar in 1849, and made
Q.C. in 1863. Later he was himself to become
a judge (1884), and still later was knighted
(1887). See DCB XI, 143-146.
17 The jury consisted of: John Christie, Jr and
Charles Thompson of Reach Township;
Matthew Crawford, Thomas Emmett,
William Hepinstall, and George Medland of
Whitby Township; Hugh Young of
Uxbridge Township; the foreman John
Madill (Lot 6, Con 3), William Dale (Lots 14
&15, Con 3), and John McLeod (Lot 23, Con
5), of Pickering Township; and John
Howsam and George Real, residence so far
not located.
18 Aikins (1827-1897) had begun his practice in
1850. He was a founder of the Toronto
School of Medicine. See DCBXII, 10-13.
Ogden (1828-1910) was licenced in 1849. He
was at the time (from 1870-1887) professor of
midwifery and diseases of women and chil-
dren at the Toronto School of Medicine. He
was also a pioneer of Canadian medical jour-
nalism. See DCB XIII, 782.
19 Ellis makes reference to “a new instrument, a
spectroscope, said to be the best in use for the
discovery of blood stains.” However,he did
not make use of this technology; nevertheless,
he was “certain the stains are blood stains.”
20 Thomas Major was the innkeeper of the
Brougham Central Hotel (a temperance house)
in 1877, but by the time of the trial was living
in Lexington, Michigan. See the Assessment
Roll for 1877; and Robert Miller, The Ontario
Village of Brougham(Brougham, 1973), p. 27.
14
The great Pickering Case, reported at
so much length in other columns, has
terminated in the conviction of Burke
and McPherson. The verdict of the
jury was accompanied by a recommen-
dation to mercy. But of course in such
a case — where a verdict of guilty of
wilful murder was brought in — only
one sentence could be passed by the
court. The Chief Justice passed
sentence of death-appointing the
14th of June as the day of execution.
It was a verdict arrived at with much
reluctance by most of the jury, and
some of them at least, we understand,
expected that the recommendation to
mercy would have the effect of saving
the prisoners from the death penalty.
The case was well got up on the
part of the Crown. Nothing appeared
to be left undone, and no contingency
unprovided for. The chain of evi-
dence was joined together link by link
in a manner to challenge admiration.
Its grouping and management
shewed intelligent patient investiga-
tion. It impressed the jury so much
that they desired to place upon record
some expression of their opinion.
Finding that such a course would be
somewhat unusual, they have request-
ed that their opinion should be made
known through the press — a request
which we cheerfully comply with,
knowing as we do how well the com-
pliment is deserved on the part of the
County Attorney, Mr. Farewell.
Now that the trial is over, and the
ends of justice in a manner satisfied,
the position of the unfortunate pris-
oners excites much interest and sym-
pathy.There was a general expecta-
tion, before the trial, that they would
be acquitted. That the death sentence
should be passed upon either of the
men was something that could not be
realized. People shudder at the
dreadful reality of being brought face
to face with the gallows. The
doomed men have been long known
in the community; they are
respectably connected and have hith-
erto borne a good character. It is still
felt by many that there is some doubt
of their guilt, and at all events, even if
they were the persons who went to
Mrs. Bennett's house, they did not go
there with the intention of commit-
ting the crime for which they now
stand convicted.
It is held that no crime in the eye of
the law could actually have been com-
mitted—and that at least one of the
men, who is proved to have been on
terms of intimacy with the woman,
might have gone to the house by
appointment, taking the other with
him, and that neither thought even
remotely of the fatal consequences
which followed. To take the life of
two men, in the enjoyment of healthy
vigorous manhood, will not compen-
sate for that of the frail, sickly crea-
ture gone to her account.
The punishment of exposure and
incarceration, and the social degrada-
tion to which the prisoners have been
subjected, their blighted prospects
and the black mark which must
attach to them through life, is severe
indeed. The law is amply vindicated.
The evil-doer has received another
lesson of its vigilance, and of the sure
and certain punishment that follows
the commission of crime. Let this be
sufficient. The law, while made for
the protection of society, is not found-
ed on a principle of vengeance. Let
the commendation of the jury prevail
and justice be tempered with mercy.
For this purpose petitions are in
course of signature, and few,we
think, will, under the circumstances,
refuse to sign them. An application is
also to be made to the Township
Council of Pickering, which there is
reason to hope will adopt a memorial
to His Excellency the Governor
General asking for a commutation of
the death sentence.
Murray was at Manitoulin Island,
clearing up details of the Amer case,
when a telegram notified him of
another murder in the township of
Pickering, county of Ontario. It was
four hundred miles or more from
Tekemah, but the next day Murray
drove up the Pickering Road, thirty
miles from the railroad, to the house
where the murder occurred.2
“It was a little house in a lonely
part of the township,” says Murray.
“A labouring farmer, named Bennett,
lived there with his wife and two
small children. Mrs. Bennett
was a pretty woman about
thirty years old. Her
husband was away
working in June, 1877,
and she was alone in
the house with her two
little ones. About mid-
night two men broke
into the house and treat-
ed her so horribly, in the presence of
the little children, that she died three
days later. Her children were
too small to be able to tell
about the crime. Mrs.
Bennett, however,ral-
lied, and described the
two men minutely, and
finally,in her ante-
mortem statement, she
said they were two young
men named Burk and
McPherson, sons of well-known
farmers in that vicinity.3
“I saw at once that, with the
woman dead and her children too
young to testify, we would have noth-
ing but her ante-mortem statement;
and while it was strong and convinc-
ing the accused had friends, and they
were rallying to make a desperate
fight, with scores of living against a
dead woman's word. I laid my plans.
“Burk and McPherson were arrest-
15
When the celebrated trial was over the Whitby Chronicle ran the following editorial on Thursday, 9 May 1878.
It was, for the most part, a balanced commentary with the exception of the value they appeared to place on Ellen Bennett’s life. Appeals of mercy to the sentence of
death were made to the authorities, and they were eventually heeded.
The sentences were greatly reduced and the prisoners, having served a number of years in the Kingston Penitentiary, were subsequently released.
As in a previous Pathmaster,we add to our own summary of events the commentary of John Wilson Murray, the chief investigator of the Bennett case.1
As we explained in that previous issue there are two voices heard in the account — Murray’s, when the commentary is written in the first person
(in this case all but the opening paragraph), and his editor, Victor Speer’s, when it is written in the third person. There are some obvious inaccuracies as to detail.
From John Wilson Murray, Further Adventures of the Great Detective (Toronto: Collins, 1980), pp. 66-69.
McPherson’s Telltale Trousers
Burke and McPherson
The Report of the Provincial Detective,John Wilson Murray
Detective John Wilson Murray
ed. I had them separated at once, and
then had each state in detail his move-
ments on the day and night of the
murder of Mrs. Bennett. I accepted
all they said in apparent credulity.
Their confidence grew as they saw
me seem to weaken in any belief that
they were guilty of the crime. They
lied beautifully, lied valiantly, lied so
completely that I knew I had them
where their word on the witness
stand would be blasted and worthless.
However, I noted carefully the
movements of each as he dictated
them. Then I compared them. They
vowed they were not together at cer-
tain hours, and were in certain places
at certain times. I set out and spent
days in following these fictitious
movements of these two men.
I disproved them, step by step. I
found people who saw them together
when they averred they were apart.
I found people who saw them in
places where they stoutly maintained
they had not been. In short, I inca-
pacitated the pair as worthy witnesses.
I had them; so the word of one dead
woman was better than the word
of the two live men.
“I searched their houses and the
premises round about for evidence
that would corroborate the dead
woman's word. Hid away in
McPherson's mother's house, John
Hodgins, one of our Toronto officers,
found a pair of his trousers. They
were of a kind very fashionable then,
but would appear rather ridiculous
now. They were light woollen, wash-
able and very baggy, in fact, balloon-
like in their leg effects. They had
been washed. I took them out in the
sunlight, and despite the washing I
detected what I believed were stains.
McPherson's trousers were taken to
Professor Ellis, then assistant to
Professor Crofts, at the School of
Practical Science in Toronto. He
analysed the stain and discovered it
was blood, and further that it was the
blood of a woman.
“The trial was postponed, but
finally held in May 1878, at Whitby.
Chief Justice Harrison presided. B.B.
Britton, now a judge, prosecuted for
the Crown. The Hon. Matthew
Cruiks Cameron defended. Mr.
Cameron, as in the Amer case, told
his clients the grand jury would not
find a true bill. Again he was mistak-
en. It was a tedious trial. We swore
many witnesses to trace their move-
ments and contradict them flatly in
their story of where they had been on
the day of the tragedy. When
McPherson's stained trousers were
produced they swore in rebuttal that
McPherson had killed a rat, and that
the bloodstains were the stains of rat's
blood, and not of woman's blood. Dr.
Ellis positively swore the stains were
not rat's blood. The jury so believed,
and Burk and McPherson were found
guilty and sentenced to be hanged on
June 14th, 1878. Both sentences, how-
ever, were commuted to life imprison-
ment, and after both had served long
terms they got out.
“Interest in this case grew and
became widespread in the States and
Canada, because of the point of chem-
ical analysis involved. It was one of
the most advanced cases known at
that time. It was expert testimony,of
course, but it was founded on a pre-
cise science, and therefore certain and
accurate. Some expert testimony
becomes largely a matter of opinion,
but that opinion is based on trained
judgment, skilled discernment, and
scientific methods for ascertaining the
truth. Experts may differ honestly,
and here and there an expert or two
may differ otherwise. But the testi-
mony of competent experts, known to
be men of ability and integrity, like
Dr.Ellis, is as valuable as the testimo-
ny of worthless witnesses is valueless.
“At this time I was opposed in
three prominent cases by the Hon.
Matthew Cruiks Cameron. They
were the Meagher case, the Amer
case, and the Burk and McPherson
case. In each case he defended. He
was the greatest criminal lawyer in
those days. Almost invariably he
appeared for the accused. Later he
became a judge, and died in the ful-
ness of his powers and fame. When a
judge he seemed to feel instinctively
that he was concerned in the prison-
er's defence. Hence he was not
always very satisfactory to the prose-
cution in a criminal case, yet he was
an able man. It was force of habit
asserting itself unconsciously, and was
not intentional partiality, for he was a
man of integrity.
“Judges run that way, just as do
men in other walks of life. Early
training asserts itself in the judge's
career on the bench, particularly in
regard to his attitude towards persons
accused of crime. Perhaps I should
say his point of view, rather than his
attitude. The point of view of each of
us is our view point, or the position
from which we view a matter, and
that position is determined by our
career up to the time we come to con-
sider the case presented to us. We
adjust our views of a criminal case
according to our judgment, and my
experience is that the judgment of a
judge is formed on a foundation in
which the corner-stone is the sub-
stance of his training prior to going
upon the bench.
“The machinery of justice makes
few slips, after all. It has a gigantic
task, for to it is assigned the perpetual
adjustment of human rights and
wrongs. If either hand of the blind-
folded goddess were to symbolise
criminal justice, it is the right hand
with the sword. I have seen it strike
with the swiftness of a lightning flash.
I have seen it hover like the sword of
Damocles, suspended by a thread for
years before it falls. In these three
cases in which the Hon. Matthew
Cruiks Cameron was pitted against
us, I sometimes think that justice
showed its certainty. Years passed in
one, a thread of circumstantial evi-
dence held true in another,and truth
prevailed in the third, while in all
three justice was done, and the heav-
ens did not fall.
Notes:
1 See Pathmaster6, 1&2 (Winter/Spring 2004),
p.14, for more on Murray.
2 Tehkummah Township; Pickering Road =
Brock Road; thirty miles should be about
10 miles (16 km).
3 The Bennetts had 5 children not 2; the
incident occurred in July, not June; Mrs.
Bennett died 15 days after the assault; she
did not, in fact, name the perpetrators.
16
Board of Directors:
Honourary Presidents:Dr.William McKay
Donald Gibson
Lillian M. Gauslin
President:John Sabean 831-3811
Vice President: Tom Mohr 839-1221
Recording & Corresponding Secretary: Carol King 509-2744
Membership Secretary:Pat McCauley 427-8128
Treasurer: Carol Sabean 831-3811
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Editor:John Sabean
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Pathmaster is the newsletter of the
Pickering Township Historical
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PTHS, c/o 928 Reytan Blvd.,
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