The Canadian Portrait Gallery - Volume 3 (of 4). Dent John Charles

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СКАЧАТЬ by raising the question of the admissibility of the evidence of an accomplice. Another case which showed the earnestness and conscientiousness of Mr. Blake, who prosecuted, was the trial of two persons — a man named McDermott and a girl named Grace Marks — charged with the murder of Mr. Kinnear and his housekeeper, near Richmond Hill, in the year 1843.6 Not content with secondhand information, the hard-working lawyer devoted the only holiday which intervened between the committal of the prisoners and the trial to a careful and minute examination of the house and premises where the murder had occurred, so that in going into court he had the most perfect familiarity with every detail connected with the crime. The prisoners were convicted; the man suffered the extreme penalty of the law, and the woman, who was reprieved, was only liberated from the Penitentiary after an incarceration of twenty years. No man could more readily seize hold of the salient points of a case presented to him; few could make so much out of a small and apparently insignificant point; but no one ever made the business before him the subject of more patient study or more exhaustive attention. Honourable and high-minded himself, he sought to inspire those about him with the same feelings. He endeavoured at all times to encourage a gentlemanly bearing in the young men who studied under him, and would tolerate nothing inconsistent with perfect fairness and honesty in transacting the business of the office.

      Mr. Blake and his partners were all active members of the Liberal Party. In the early contests for Municipal Institutions, National Education, Law Reform and all progressive measures, they took an earnest part — and in the struggle with Lord Metcalfe and his Tory abettors for the establishment of British Parliamentary Government in Canada, they did excellent service to the popular cause. Mr. Blake, at the general election of 1844, was the Reform candidate for the second Riding of York — now the county of Peel — but was defeated by a narrow majority on the second day of polling by his Tory opponent, Mr. George Duggan. A little later, he contested unsuccessfully the county of Simcoe, in opposition to the Hon. W. B. Robinson. At the general election of 1847, while absent in England, he was returned by a large majority for the East Riding of York — now the county of Ontario. The result of that election was the entire overthrow of the Conservative Government, and the accession of the Liberal Party to power, under Messrs. Baldwin and Lafontaine, on the 10th of March, 1848. Mr. Blake became Solicitor-General under the new arrangement, and was duly reëlected for East York. Then followed the struggle over the famous Rebellion Losses Bill. In that contest Mr. Blake took an active part in support of Lord Elgin, who was so outrageously treated by the Opposition leaders in Parliament, and by the mob of Montreal that followed in their wake. For his powerful advocacy of the Governor-General, and his scathing diatribes against the tactics of the Opposition, he was fiercely denounced by the Conservative leaders. So far was this denunciation carried that a hostile meeting between Mr. Blake and Mr. Macdonald — the present Sir John A. Macdonald — was only prevented by the interference of the Speaker of the House. The Opposition press, without the slightest justification, published articles in which the writers professed to believe that Mr. Blake was wanting in courage, and afraid to meet his antagonist in the field. The Globe, which was the organ of the Government in those days, replied in a spirit which did it honour. In an article written by the late Mr. Brown himself, and published in the Globe on the 28th of March, 1849, we find these words: "The repeated insinuations against the courage of Mr. Blake, to use the ordinary phrase, are as untrue as they are base and ungenerous. We are quite aware of all the circumstances of what was so near leading to one of those transactions called affairs of honour. We know, and we state it with regret, that there was, on Mr. Blake's part, no wish to shrink from the consequences of the intended affair, but a great anxiety to meet it. We would have thought it far more creditable to him, and far more becoming the station he holds in the councils of the Province, if he had exhibited that higher courage which would shrink from being concerned in an affair which, however it may be glossed over by the sophistry and the practice of the world, is a crime of the deepest dye against the law of God and the well-being of society."

      The Court of Chancery for Upper Canada had been for years a mark for scorn and derision on account of the personal deficiencies of Mr. Vice-Chancellor Jameson, and the lack of organization in the whole Chancery system. The Baldwin-Lafontaine Government undertook the reform of the Court, increased the number of Judges to three, and gave it the improved system of procedure which has earned for the Court its present efficiency and popularity. When the measure became law, the question arose as to who should be appointed to the seats on the Bench that had been created. There was but one answer in the profession. Mr. Blake was universally pointed out as the man best fitted for the post of Chancellor. He accepted the Chancellorship of Upper Canada on the 30th of September, 1849, which he continued to fill until the 18th of March, 1862, when failing health compelled him to retire. There were not wanting political opponents who declared that Mr. Blake had created the office that he might fill it; but all who knew the man and the position in which he stood were aware that it was with extreme reluctance he accepted the place. As his great judicial talents came to be recognized the voice of the slanderer ceased, and the services which he rendered on the Bench will, we doubt not, be now heartily acknowledged by all parties. Mr. Jameson for a short time continued to sit on the Bench as Vice-Chancellor, side by side with Mr. Blake. In the month of December, 1850, he was permitted to retire on a pension of £750 a year.

      Mr. Blake, while at the Bar, held for a number of years the position of Professor of Law in the University of Toronto, but resigned it when he became Solicitor-General. He took a deep interest in all the affairs of the University, of which he was for a long time the able and popular Chancellor.

      Afflicted with gout in its most distressing form, Mr. Blake, after his retirement from the Bench, sought relief from his sufferings in milder climes. He returned to Canada in 1869, but it was evident that his end was not far distant. He died in Toronto, on the 17th of November, 1870. The late Chancellor Vankoughnet paid an eloquent tribute to his memory. "With an intellect fitting him to grasp more readily than most men the whole of a case," said Mr. Vankoughnet, "he was yet most patient and painstaking in the investigation of every case heard before him. He never spared himself; but was always most careful that no suitor should suffer wrong through any lack of diligence on his part. He had, moreover — what every Equity judge should have — a high appreciation of the duties and functions of the Court — of the mission, if I may so term it, of a Court of Equity in this country: not to adjudicate drily upon the case before the Court, but so to expound the principles of Equity Law as to teach men to deal justly and equitably between themselves. I have reason to believe that such expositions of the principles upon which this Court acts have had a salutary influence upon the country; and Mr. Blake, in the able and lucid judgments delivered by him, contributed largely to this result. He always bore in mind that to which the present Lord Chancellor of England gave expression in one of his judgments — 'The standard by which parties are tried here, either as trustees or corporations, or in various other relations which may be suggested, is a standard, I am thankful to say, higher than the standard of the world.'"

      THE REV. ALEXANDER TOPP, D.D

      The life of the late Dr. Topp, like the lives of most members of his sacred calling, was comparatively uneventful. He was born at Sheriffmill, a farm-house near the historic old town of Elgin, in Morayshire, Scotland, in the year 1815. He was educated at the Elgin Academy, the present representative of the old Grammar School of the burgh, and an establishment of much local repute. Thence, in his fifteenth year, he passed to King's College, Aberdeen — an institution affiliated with the University — where he passed through a very creditable course, winning one of the highest scholarships, and retaining it for four years. In 1836, immediately upon attaining his majority, he received a license to preach, and was appointed assistant to the minister of one of the churches in Elgin. This minister soon afterwards died, leaving the pastorate vacant. The abilities and zeal of his young assistant had made themselves recognized, and it was thought desirable that the latter should succeed to the vacant charge. The appointment was hedged in with certain restrictions, and was at the disposal of Government. A petition from the congregation and from the Town Council was successful, and Mr. Topp was inducted into the charge. Upon the disruption in 1843 he seceded from the Establishment, and СКАЧАТЬ