Charles Hutchinson Letter Book, 1875-8 p. 211

Feb 14 1876

Henry Ferguson Esq. JP

Dear Sir, Wm Donelly vs R Kennedy


I have considered the evidence in this case. It is difficult to decide between parties who are probably both considerably in the wrong, & when the evidence is contradictory. In this case, it is evident there had been considerable wrangling, before the alleged assault & threatening occurred, & it is impossible to say who was the orginal aggressor. Donnelly's evidence is open to considerable doubt. Did he not accuse McKellar of having threatened him with a revolver on the same occasion. Of course this is not in evidence in the present case, but it makes one cautious about relying much upon his evidence with refce. to Kennedy's conduct, as his statement with reference to McKellar has been clearly disproved. I would not advise you under the circumstances to convict. I think it would be safer and better to dismiss the complaint.

Yours truly,
Charles Hutchinson, County Atty

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Source: J.J. Talman Regional Collection, University of Western Ontario Archives, Donnelly Family Papers, B4878, File 7, Charles Hutchinson, Charles Hutchinson Letter Book, February 14, 1876.

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