country in which
application for bail had been refused, recited the general principles
which had governed the various judges in making these decisions, and
concluded his remarks thus:

"It only remains for me now to apply these general principles,
which have received the sanction of our highest courts, to the
present case, and cannot better do so than by asking myself the
questions which were submitted by Judge Power, as being the basis
of his conclusions in the Maguire case.

"What is the nature of the crime charged against Howarth? Is it
grave or trifling? It certainly is not trifling, it is one of the
most serious known to our law, being nothing less than an
accusation of an attempt to commit murder. 2d. What is the nature
of the evidence offered by the prosecution, and the probability
of a conviction? I prefer not to discuss or consider now the
strength of the evidence which was adduced before the
magistrates, to which alone I can look. It apparently presents a
strong case, and if it is believed by the jury, and not rebutted
by other evidence, it would, in all human probability, lead to a
conviction. 3d. Is he liable to a severe punishment? Yes--to
imprisonment for life. In face, therefore, of the answers which I
am obliged to give to the foregoing questions, I cannot hesitate
as to my duty in this matter. It is important in the public
interest that Howarth should be present in court, and stand his
trial on the charge preferred against him, and nothing can or
should be allowed to interfere to prevent this from taking place.

"It might possibly be otherwise were bail allowed, and I cannot
take the responsibility of such an occurrence. The application is
refused."

From these words of Judge Lynch we see clearly how very serious a
matter this assault case must have seemed to him at that time. After
this decision Kelly was again placed in custody of Mr. Carpenter, and
returned to Montreal, where he was kept in prison, while Howarth
passed the winter in Sweetsburg jail.

Meantime, some of the members of the liquor party took advantage of
the excitement which this assault had caused by trying to frighten
other temperance people. One man, Allen C. Armstrong, living in the
neighborhood of Sutton Junction, who had been an aid in the work of
locating Kelly, awoke one morning to find upon his door