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Final Chapter! The Legend of Canada Jack

Published on April 17th, 2009
Published on July 10th, 2009
John R.H. Tucker

Part Six - TRIAL - CHAPTER EIGHTY-FIVE

Topics :
Legend of Canada Jack , Midland Battalion , Parliament of Canada , Fish Creek , Magee

TWO WEEKS had passed since the trial. It was noon and Jack was in the corral at
militia headquarters saddling up Cloud.
It had been the most joyous two weeks in his life.
The morning following that night when Duffy Durell had been taken into custody, court had been called back into session. Lieutenant Richards had at last been recalled. He testified at length as to Jack's integrity. He described Jack's valour that flaming night at Fish Creek. Major Smith had appeared while the trial was still in progress. As soon as he had gone through Colonel Williams' personal papers he had noticed the correspondence about the impending trial. He remembered Colonel Williams had spoken of his pledge to Jack to testify at the trial. The major insisted on giving evidence. He described the Colonel's high opinion of Jack's integrity and valour. He described how Jack had led the charge at Batoche. He stated it was the firm view of the Colonel that it was that personal act of valour on the part of Lieutenant Holden that was decisive in the battle.
He added that being the senior battalion officer present, now living, it was his view as well. Finally, he read aloud the laudatory remarks in Jack's Individual Training Record of the Midland Battalion.
Throughout all of this, Mr. Pynch sat silently. He did not cross examine. He uttered not a word. He was thoroughly crushed.
The Major concluded his testimony. Without preamble the judge turned to the jury.
"Gentlemen of the jury, you have just heard character evidence without equal in English jurisprudence. Moreover you have personally been witness to the most heroic act ever displayed by any prisoner at any time anywhere on this earth.
"Notwithstanding all of this, Young Jack here has been vilified and abused beyond that which any young man should be compelled to endure.
"It is time to set matters right. Right for a community, which should tender amends, but most especially right for Canada Jack.
"It is an unusual course that I am about to adopt, but it is the only one fitting in the circumstances.
"I instruct you to bring in a verdict of not guilty. There is no other verdict, in my view, which a sensible jury, reasonably instructed, could reach."
The foreman of the jury shot to his feet.
"We ain't needing your instruction, Your Honour."
"We find the defendant 'not guilty'."
An outburst of shouting, cheering and applause shook the courtroom.
The judge banged his gavel and called loudly for order. When the crowd refused to stop, the judge threw down the gavel and beamed at Jack.
The clerk almost fainted when he saw what the judge had done. When he finally managed to subdue the demonstration the foreman rose in his place once more.
"We further recommend, Your Honour," he called out over the excited hum of voices, "that you convey to Her Majesty's Government that it is the recommendation of the jury that the accused be cited for bravery by the Parliament of Canada."
At that a fresh burst of applause shook the courtroom.
The judge had thanked the jury and then discharged them.
He congratulated Jack and discharged him.
The following day Mr. Pratt came to say goodbye to Jack. He saw Jack at the militia barracks where he was once again bunked in with Baker Troop.
Jack thanked him, then asked him about his plans for the future, now that he was free of the gang. He told Jack that Prime Minister Gladstone had invited him to enter politics. He was returning home with the intention of standing for Parliament. Jack wished him well, but inwardly he heard Tom's irreverent voice, "Politics. A suitable calling for a remittance man. Parliament moves up a notch."
Major Smith also came to say goodbye. Jack had requested that he be granted an Honourable discharge from the Army. The Major had arranged it. He surprised Jack, then, by telling him that Colonel Williams had long ago paid the Army for Cloud, Jack's pony. "Most officer's own their own horses", the Colonel had explained. He had been too shy to tell Major Smith he loved Jack like a son and simply wanted to give him the horse that meant so much to him.
On Jack's last night Lieutenant Richards and the men of Baker Troop had given him a party to say goodbye. There were a good many of them who struggled to hold back the tears.
Now, Jack walked Cloud to the corral gate. Mr. Tuttle stood there with Sarah. Tears sparkled in her eyes.
Jack stopped to speak to them.
"You're sure you won't change your mind son," said Mr. Tuttle.
"I've given this a great deal of thought, Mr. Tuttle."
"I sure want to thank you for everything you did for me."
"It was nothing really," said Mr. Tuttle. He tried to sound nonchalant.
"It was my life, Mr. Tuttle. You saved my life. I will always be grateful to you for that."
Mr. Tuttle looked down.
Jack looked at Sarah. Neither spoke. He took her in his arms. They clung to each other for several long minutes.
When they broke off the embrace, Mr. Tuttle tried once more.
"I…We both would love to have you come back home. Sarah…," he stopped himself. "My practice is yours Jack…" This time he choked up.
Jack looked out over the great flat plain. He thought of Tom, lonesome under the northern prairie soil. He thought of Nance, of Magee, waiting. He thought of One Feather.
"I am not finished with the great plains," said Jack as he swung himself into the saddle. "I have miles to ride." He stroked the long muscular neck of his beloved Cloud.
"I have unfinished business here."
He tapped his heels lightly into Cloud, reigned her over, and rode off toward the distant horizon.

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