man named Gunning. There are indications in the press reports of the time that the Brantford magistrate was much aggrieved at his prisoner getting into other hands and sought to have the case transferred to Brantford, being aided in this by the county Crown attorney.
In a letter to the Hamilton Spectator Freeman made this charge against the magistrate: "Mr. Matthews arrested him as having been guilty of murder without any legal evidence of a murder having been committed, or, in fact, of any one having been killed by him. And after he had him in custody he communicated with the authorities for the necessary evidence."[1]
On November 24 Anderson was brought before the Court of Queen's Bench consisting of Chief Justice Robinson and Justices Burns and McLean. S. B. Freeman appeared for the prisoner and Henry Eccles and B. A. Harrison for the attorney-general. Freeman read the warrant of committal by William Matthews and the two other Brantford magistrates who had been associated with him. The evidence was to the effect that on September 28, 1859 (sic), Anderson was on the estate of Seneca T. P. Diggs in Howard County, Missouri, and that Diggs, while attempting with Negro help to arrest Anderson, was stabbed twice and later died. The question was whether Canada was to administer the slave laws of Missouri. The counsel for the Crown admitted that Anderson's act, if committed in Canada, would not be murder.
The Anderson case was practically the last important case to come before Chief Justice Sir John Beverly Robinson, and around perhaps no decision of his whole legal career did more excitement center. While the justices were considering the evidence public meetings were being held, not only in Toronto but in other Canadian cities. Newspapers were furiously defending the fugitive and the judgment of the court was being awaited with tense interest.
It was understood on November 30 that the Chief Jus-
- ↑ Quoted in The Toronto Globe, Nov. 29, 1860.
