Raiders and Rebels

Following the rout of Robert Nelson's rebels during battles in the southern townships of Lower Canada November 3 to 10, 1838, the British began a long court martial of the captured rebels for treason. Between November 28, 1838, and May 6, 1839, 108 French Canadian Patriote's faced their life and death examination before a clutch of British officers in Montreal.

The Patriot War launched the career of a young, gangly, curly-haired barrister from Kingston Ontario. By taking on intensely political clients that others dared not touch and by winning cases that seemed lost from the start, John Alexander Macdonald (January 10, 1815-June 6, 1891) became a household name. He later leveraged that popularity (and his orator gifts) for a foray into politics.

Following Bill Johnston's arrest at the hands of Captain William Vaughan in December 1838, Johnston awaited trial in an Albany, New York, jail cell. His faithful daughter Catherine (Kate), 19, moved into his cell to provide company, carry messages (she freely came and went) and attend to his needs. Theirs is an early example of celebrity incarceration.

Executions of the Hunters and Patriots captured at the Battle of Windsor began in London, Upper Canada, in early 1839.

An American, Hiram Benjamin Lynn, 26, was the first to fall through the scaffold's trap door. A rebel leader accused of leading the bloody assault on the Windsor barracks, he hanged January 7, 1839.

The Hunters and Patriots captured at the Battle of Windsor faced a trial by court martial in London, Upper Canada, under the same rules and restrictions as their fellow combatants imprisoned in Fort Henry at Kingston. Convictions were almost guaranteed and hanging a likely result.

After Bill Johnston escaped custody late on November 28, 1838, following his acquittal and re-arrest, one man made it his mission to track down the fugitive and apprehend him by whatever means possible. Few men had the skills and daring to find, corner and confront Johnston but this pursuer was Johnston's equal.

Throughout December, 1838, the Upper Canada solicitor-general, Lt.-Colonel William Draper, 37, kept up the relentless pace of his show trials in Kingston. In concert, Lt.-Governor Sir George Arthur, 54, confirmed the execution orders that kept the town’s hangmen busy.

Following the single trials of the first three Hunter officers—Nils von Schoultz, Daniel George, and Dorrephus Abbey—the Upper Canada court-martial machine shifted into high gear. The colony’s solicitor-general, Lt.-Colonel William Draper, began trying the windmill prisoners in batches.

Following the bloody Battle of the Windmill, the Canadian colonial public wanted blood in return, and the Upper Canada government eagerly gave it to them. Just four days after the smoke cleared, Lt-Governor Sir George Arthur, 54, laid the groundwork for a series of trials in Kingston. The colony’s solicitor-general, Lt.-Colonel William Draper, 37, took charge as Judge-Advocate with a goal to try all prisoners before the end of December. So certain was Draper of guilty sentences, he allowed almost no time for prisoners to prepare.

Bill Johnston spent two days and nights on roof tops in Ogdensburg observing the Battle of the Windmill. He hardly ate. Twice he scoured the town in a vain effort to encourage men to cross in boats to take men off. It tore at him cruelly to be safe while his friends faced peril. And worse, some people called him a coward for not being in the battle. Some wind went out of his mighty sails that week.

The morning of Friday, November 16, 1838, again dawned cold and clear. Hungry, sleep-deprived, and disillusioned, 117 Hunters prepared for the final battle they knew they could not win. As the day progressed, the trapped raiders watched the force of British regulars and Canadian militia surrounding their stronghold steadily grow.

The morning of Thursday, November 15, 1838, dawned cold and clear. For once, no cannon barrage greeted the dawn. The small steamer Experiment patrolled alone, the other British gunboats being upriver. Desultory sniping from both sides shattered the morning’s rare peace. The day began low key but unfolding events gave the trapped Hunters a brief opportunity to escape.