Remember my big smile on that picture taken at the Archives? Further to the coroner’s inquest, one of the Justices of the Peace of William Henry examined John Bangle and took the depositions of some of the people who were at the scene at John’s house. Two witnesses are soldiers from the 37th Regiment and the third one is a woman named Katherine Wagner from Chambly. I let my imagination run wild for a while but I since found out that a Katherine Wagner (maiden name unknown), from the parish of Chambly, was buried in the Montreal Catholic Cemetery at the age of 82, on November 6, 1820. One can assume we have a match here.
The Examination of John Bingle
Chargedbefore mewith the wilful Murder of Mich. Flynn of the 37th Regt Sept. 6th 1820District of Montreal
The examination of John Bingle of the Borough of William Henry, charged before me Christopher Carter Esq. one of the Justices of the Peace for the Said District, on the Verdict of a Coroner’s Jury with the Wilful Murder of Michael Flynn late a Private Soldier in His Majesty’s 37th Regt. the said John Bingle declares that Sergeant Shortland of the 37th Regt. with two other Soldiers, came and knocked at the door of his dwelling house in the said Borough of William Henry in the said District, on the Night of the fifth instant, his daughter Mary replied that it was after hours and that they therefore could not have admittance; he then went to bed, and his Daughter Mary then allowed them to come in, & two Soldiers then came in with the said Sergeant, one of whom was the deceased Flynn, who was Somewhat intoxicated, the said Flynn, soon afterwards went out of the house, but afterwards returned, and tore the outer door of his house off and attempted to force the inner door, but not succeeding he afterwards went round the house, and got into the Window by force, into an outer room the Said John Bingle further declared that he threatened to shoot the said Flynn if he persisted to come into the room where he was, which on the said Flynn so doing the said Bingle declared that he fired at the said Flynn with a Musquet loaded with Shot and Powder, the said Flynn then sat down on a Chair, and the said Bingle saw Blood flow from a Wound in the Body of the Said Flynn, the said Bingle then left the house and informed a Sentry at the Commissioner’s Office, the said Bingle declares that the said Flynn did not expire like about an hour after he had Shot him & further the said Bingle has nothing to declare.
John Bingle (his mark)
This Examination taken before me this 6th day of September 1820
Christr. Carter J.P. (signature)
The deposition of Nath. Craig 37th Regt. taken the 6th day of Sepr. 1820
District of Montreal
Personally came and appeared before me Christopher Carter Esq. one of His Majesty’s Justices of the Peace for the Said District Nathaniel Craig Private in his Majesty’s 37th Regt. of Foot who being duly Sworn on the Holy Evangelist of Almighty God deposeth and saith, that on the Night of the 5th Sepr. instant between the hours of eleven and twelve of the Clock, he was in an upper room in the House of John Bingle of the Borough of William Henry in the said District, when hearing a Violent Noise below, he descendes the Stairs, and whilst so doing he saw John Bingle present a Musquet and fire at some person in the other room, he then overheard a man cry out, whose voice he recognised to be that of the Deceased Michael Flynn, late a Private in the said 37th Regt. the said Deponant then left the House of the said John Bingle by the Window, with Segt Shortland of the said Regt., and returned to his Barracks, with the said Sergeant and further this deponant saith not.
Nathaniel Craig (his mark)
Taken and Sworn to before me this 6th day of Sepr 1820
Chrisr Carter J.P. (signature)
The deposition of Sergeant John Shortland 37th Regt. taken the 6th day of Sepr. 1820
District of Montreal
Personally came and appeared before me Christopher Carter Esq. one of His Majesty’s Justices of the Peace for the Said District, John Shortland Sergeant of his Majesty’s 37th Regiment of Foot in Garrison of sd William Henry in the Said District, who being duly Sworn on the Holy Evangelist of Almighty God deposeth and saith that on the Night of the fifth of September last past, he was in an upper room in the House of John Bingle in the Borough of William Henry, when hearing a Violent Noise below he Set his foot upon the Ladder, he heard John Bingle cry out to a man whom he recognised by his Voice to be the Deceased Michael Flynn late Private in the said 37th Regt : Not to enter the room or he would shoot him, & before the said Deponant could descend, he Saw the Said John Bingle fire His Musquet off, which the said Bingle held in his hand, and heard a man whose voice he recognised to be that of the Deceased Michael Flynn cry out. You have done for me or something to that Purpose. The said Deponant then left the said House, getting out by the Window, and did not go to into the room, where the said Michael Flynn was, and further the deponant saith not.
Jn Shortland (his signature)
Taken and Sworn to before me this 6th day of September 1820
Christr Carter J.P. (signature)
The deposition of Katherine Wagner taken the 8th September 1820
Katherine Wagner at Mr Billet, Chambly
District of Montreal
Personally came and appeared before me Christopher Carter Esq. one of His Majesty’s Justices of the Peace for the Said District, Katherine Wagner of Chambly in this District who being duly Sworn on the Holy Evangelist of Almighty God deposeth and saith, that she was in Bed in the House of John Bingle the Night of the fifth of September instant, between the hours of Nine & ten of the Clock, there came Several Men to the House, and knocked at the Door, and demanded admittance, after some altercation, the door was opened and four men came in, and one of them whom she has since recognised as the man that was Murdered, appeared to be somewhat in Liquor and was very Noisy, this Man went off, and sometimes afterwards came back and attempted to come in by the front door, he afterwards went round by the back of the house, and got in by the Window, into an Outer room. John Bingle was sitting on a chair in the Room where the deponant was lying and [desired?] the man not to come in the room. She then heard a man whom the People of House called Sergeant, who was standing behind the Door of the room cry out to John Bingle “Shoot him if he is not quiet” The deponant does not re collect having seen any other Soldier in the room at the time but the one, whom the people of the House called Sergeant, and further this deponant does not recognize Sergt. Shortland of the 37th Regt. to be the person who cried out to John Bingle to shoot the man. On the said Sergeant crying out to John Bingle to shoot the said man, the said John Bingle fired the Musquet which he held in his hand, and instantly the Man in the outer room fell, and in a few minutes the said deponant got out of Bed and went into the room and took the Man by the hand and found him dead and further this deponant saith not.
Katherine Wagner (her mark)
Taken and Sworn to before me this 8th day of September 1820
Christr Carter J.P. (signature)
Wouldn’t you love to have that house’s plans?! Do you think he was running an inn or something?
Well, have I convinced you to run to your local Archives and stop relying solely on the Internet for genealogy?
The trial took place two months later, in November of 1820. No, no, no, before I write about the trial, can you believe I have found something else to write about that occurred during the month of October? A few sheets of paper that led me to this murder case.
Hope to meet you here in two weeks!
I took the picture! How happy we were!
Diane, I am trying to wrap my head around the archaic words and testimony. Was this a home invasion of sorts?
Hi Janice,
In Post #19, it is mentioned he was running a place where soldiers were drinking after hours in Sorel (from what I understand).
He was first denied entry because he was too intoxicated but was finally let in and then went out and tried to come in again. I do no think it was a home invasion.
The original text was in English.