Chambre des Communes
Canada.

QUEBEC, 16th. September ,1920,

Honorable J.C.Doherty,

Minister of Justice,

O T T A W A.

ONT.

Mr. Minister:-
RE:- MARIE ANNE HOUDE, WIFE of TELESPHORE GAGNON

I have the honor to forward hereto attached a petition signed by ten of the twelve jurors who sat at the trial of the above named person,a certificate of birth of her two children,a certificate of the physician in attendance to the effect that Marie Anne Houde nurses these two children and is essential to their welfare,and a judgment of a learned Judge referring this matter to His Excellency in Council.

May I be permitted to sum up briefly the reasons which,in my opinion,would justify a commutation.

1°:- This woman, notwithstanding the gravity of the act of which she was found guilty, since her condemnation, has

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given to the community two human beings,and that alone should offset in a certain measure,her act of depriving the community of one human being.

2°:- Not only did, she give two human beings , but she contributed in saving their lives for the community as is shown by the medical certificates hereto attached.

3°:-From a humanitarian point of view, it seems that no more serious reason could be found for a commutation than the fact that a woman has given birth to two living children since her condemnation.

4°:-It seems that the community would be sufficiently avenged and protected by the perpetual confinement of that person to the penitentiary.

5°:-For the children and the future generation, it makes a great difference that their mother be inprisoned for life instead of being hanged.

6°:-There is no example of a woman convicted in a state of pregnancy who was hanged and whose sentence was not commuted.

7°:-In the Canadian criminal annals, we find that in the case of Rex vs Boisclair, the woman Boisclair at first, was sentenced to be hanged, but when found pregnant, her sentence was commutated for a life emprisonment.

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8°:-It is worthy of note, that among the six physicians who were called in as medical experts, two declared that, in their opinion, this woman was not compos mentis.

9°:-It is true that four Crown expert witnesses declared that in their opinion she was compos mentis, but it is very hard to believe that a woman compos mentis would commit such abominable acts.

10°:-It seems that the benefit of the doubt should be given to her, and there is no reason to believe that the two physicians who declared her insane, or partly insane, were not right.

11°:- This woman was pregnant a number of times; as a matter of fact, she was almost constantly in a state of pregnancy, and that alone is sufficient to unset-tle the nervous condition of a woman, and there are numerous examples of woman becomming irresponsible when in such a state.

12°:- In view of all the circumstances of the case, more particularly of those which occurred since the trial, and also in view of the reasonable doubt ,which may exist as to her complete or partial insanity, it seems that

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the ends of Justice will be well served, if the sentence of death is commuted for a sentence of life emprisonment, and that nothing can be gained by sticking to the sentence of death.

I therefore hope that you will come to the conclusion of recommending to Council the commutation as requested.

I have the honor to remain,

Mr. Minister,

Your obedient servant,

Thomas Vien