| Notes |
- . 1782.6.30, J H Vanderburgh, from New York, Account of allowances for loyalist period 1782.4.1 to 6.30, p4941.1, Film M356, #9701.
WAR of 1812
. 1812 Oct 19. Capt. Thos. Ridout's Company: Capt. Jno. Montgomery, Discharged. March into York Garrison 1812 Oct 16.
. 1812 Nov 2. John Montgomery, From my own Ridout Company. Sent to Gaol. [Did he miss the muster? - PJA]
. 1813 Feb 19 - John Montgomery sick at home.
. 1813 Apr 7th. - John Montgomery, On command York Garrison
. 1816 May 7 - Purchase of the Boat Lark & witnesses to Bond with Stillwell Willson & Leonard Willcox.
X-Ref: Please see Stillwell Willson The Elder for transcriptions.
. 1816 June 19 - (Extracted) Bond1. We Stillwell Wilson & John Montgomery of York Township, Yeoman & Hail Wilcox, Vaughan Twp., Yeoman, bond of £19, 15s lawful money of Upper Canada shall return the Boat Lark to Hail Wilcox in good repair.
Bond2. We Leonard Wilcox, York Town, Yeoman, Stilwell Willson, York Township, Mariner, & John Willson of same place, Yeomen, are firstly bound until Wm. Allan, Esq. York Town, Bond for £518.1.16 for payment by 19 Jun 1816. Stillwell Wilson, now commanding a schooner on Lake Ontario & John Willson of York Twp., enter into security for Leonard Wilcox for there performance of this agreement on the part of the said Hail Wilcox [yeoman crossed out, physician] & Leonard Wilcox.
Signed, Leonard Wilcox, Still. Willson, John Willson.
Wit: Geo S Boulton, & John W Gamble.
Ref: Journal of the House of Assembly of Upper Canada, Second Session of the Twelfth Provincial Parliament, 1836, publisher William Lyon MacKenzie, Toronto.
Note1: It is not completely apparent if this is Capt. John Montgomery or John Montgomery 1784-1879.
XRef: Stillwell Willson, The Elder, & this story of the actions of the Family Compact. PJA 2015.
UCLPetition 80, M12, C2201,
PETITION OF JOHN MONTGOMERY, native of New Brunswick, now York Township resided in this Province for several years, taken oath of Allegiance. He is a farmer & wished to become a settler & a grant of Crown land. Signed, John Montgomery.
Envelope: Rec. from himself, 7 April 1819. Granted.
. 1835 Feb 17- UCLPetition 40, M19, C2215.
To Sir John Colborne, Lt. Gov. UC. The Petition of John Montgomery, Twp. Vaughan, In 1832 he purchased the interest of Peter Gramm of an expired Lease of Lot 11, Con 3, Vaughan. He paid all the back rent amounting to £35:50. He prays he may be allowed to purchase the said Lot.
Signed, City of Toronto, 17 Feb 1835, John Montgomery.
. Petition of John Speisher, Yeoman, He settled on Lot E11, Con 3, Vaughan, 16 years ago (1819), cleared 20 A. Brother-in-law, Peter Gramm who promised to pay your Petitioner $5 per acres for all the land he should clear & fence, but never paid him. The lease expired 5 years since. John Montgomery of Yonge St, Innkeeper, is endeavoring to obtain the whole lot by purchase. Please grant you Petitioner a Lease for the land. Signed, Apr 16 1834, Toronto, Peter Spaisher, & a number of witnesses. - Council cannot give a decision.
. UCLPetition 15, M19, C2216, p70.
. Affidavit 1: Appeared personally before me George Morris, Esquire, a Justice of the Peace, Home District,
Stillwell Willson, City of Toronto, duly sworn, maketh Oath & saith that he is personally acquainted with Peter Gramm & that he has heard the Peter Gramm, openly declare that he has disposed of his interest in the Clergy reserve, Lot 11, Con 3, Vaughan, to John Montgomery of the Twp. of York,
Sworn, 3 August 1835, Stillwill Willson & George Morris, J.P.
. Affidavit 2: Appeared personally before me Anthony B Hawke:, a Justice of the Peace, Home District,
John Marsh, Twp. of York, witness to a Quit Claim of Peter Gramm, L11, Con 3, Vaughan, a Clergy Reserve, in favor of John Montgomery. Peter Gramm read the quote claim, heard it, read by Deponent & was in full & perfect passion of knowledge of what the had done.
Note2: Stillwill Willson, The Younger, was married to his niece, Statira Montgomery. John M Marsh also an -in-law.
. Peter Gramm, Twp. Markham offer to sell John Montgomery, L11, Con 3, for £500. (unsigned).
. Affidavit Daniel Keffer, Vaughan, yeoman. He did see John Montgomery present arbitration to Peter Gramm, but he refused to sign it before his lawyer saw it. Witnesses verify believes Peter Gramm having been paid for the said land has no wish to get the affair settled, but desires to keep the position of the land. Signed, Daniel Keffer, 18 May 1836.
Envelope: 16 Jun 1836, Recommend John Montgomery be allowed to purchase the land.
Home District Quarter Session Minutes:
. 1809 Apr 12, Wed. - Alexr. Montgomery, nominated & appointed to be Constable for Township York in the Home District for the year now ensuing. Benjamin Cozens, High Constable.
. 1809 Apr 22, Sat. Constables sworn: John Montgomery, as a substitute for his father Alex M.
. 1811 Jan 8, Tuesday, Grand Jury called & sworn. Jury inc. Bowley Arnold. King as Prosecution of John Montgomery Vs. William Lawrence } Assault & Battery } which the grand inquest returned a true bill & his fine was set as one shilling & the costs of Prosecution which he paid to the clerk in compl. He was then order to find securities of the peace or 12 months.
Recognizance: Wm. Lawrence £10, Lyse Bennett £5, Wm. Hunter £5} condition that the said William Lawrence keep the Peace towards all his Majestys' subjects, & particularly towards John Montgomery for the space of one year from this date. page 254?
Note3: Through John Willson, John Montgomery & Wm. Lawrence were relatives.
Note4: John Montgomery & William Lawrence are in-laws.
- The above documents were transcribed by P J Ahlberg 2015. Thank you. - - - [1, 2, 3]
- UPPER CANADA SUNDRIES - The UC Rebellion
. 1838 Mar 16 - Upper Canada, Home District (Toronto) - Trial before Chief Justice Robinson. We the Jurors for the Sovereign Queen upon their oath present that John Montgomery, late of Twp. of York, Yeoman, Levy war, insurrection 7 rebellion against this Province. John Montgomery did on the 4 December 1837 with force & arms at the Township of York, with a great multitude of persons whose ages are prints under to the jurors aforesaid to a great number of 500 persons & upwards armed & arrayed in a warlike manner, that is to say with colors flying & with guns, rifles, swords, pistoles, pikes, clubs & other weapons as well offensive as defensive being then & there unlawfully, maliciously & traitorously assembled & gather together against the sovereign Queen, wickedly, maliciously & traitorously did ordain prepare, wage & levy public war.
Envelope: Special Session, The Queen Vs. John Montgomery ] Treason. Montgomery was defended by Geo. Mors Boswell & Robt. Baldwin.b(Twelve jurors’ names not transcribed here. - PJA)
. 1838 April 23, Toronto, Government House, Deposition of John Reid.
Affidavit of John Reid as to certain facts connected with the evidence in favor of Prisoner John Montgomery.
JOHN REID, late Twp. of East Gwillimbury, yeoman, & a prisoner in the Jail, Home District (Toronto), makedth oath & saith that he knows & is well acquainted with John Montgomery also, a prisoner in the said Jail. That Defendant was to have been produced as a witness on the recent Trail of the John Montgomery, but that away to the illness he was unable to attend toggle evidence as to certain facts herewithafter further saith that he came in company with many others to Montgomery’s Tavern on Yonge Street on the morning of the 5 December last [1837].
That Deponent saw the said Montgomery there during that & 2 following days & had as he sassily believes ample opportunity of seeing the actions of Montgomery, & far as he is certain that he took no part in the insurrection there, but appeared to be chiefly engaged in moving his Furniture & effects - flour the said Tavern, what was then kept by John Linfoot, who observed had the sole Management of the same. - conducting it, giving out the liquors, & taking payment of therein.
The Deponent further saith, that on Wednesday, to the best of his recollection, he remembers ‘asking William Lyon McKenzie who was to pay for all the Provision that he men conducted at Linfoot” Mckenzie made answer that he did, & that he McKenzie had just paid Linfoot £10.
Deponent further saith, that on Thursday being the day of the battle as Montgomery & Deponent were going to the Wagon House, he hear a man enquire for the Hostler? who everted pay for his horse. - Deponent then heard Montgomery reply that he had nothing to do with the Stables & then pointed to a man who wore a green coat &, as Deponent believes Guymer & said ‘that is the Hostler. I have nothing to do with it.” Immediately after heard a sudden Cry of ‘TURN OUT” from several voices - Deponent was standing close to Montgomery at the time & is certain that he Montgomery was not the one that called out Turn Out or said anything to urge the Men to bring out their guns & face the Tories.
And Deponent lastly saith, that he has believes, that William Guymer one of the witnesses examined on behalf of the Crown, stated in his evidence before the Courts & Jury, that he said John Montgomery was one who called out to the men in the Stable to ‘turn out & fight’ or words to that effect. That Deponent is certain that he the said Guymer must have been mistaken in as much as Deponent being present at the time when such Alarm was given & standing close to the said John Montgomery did not hear him give such directions or use words to that or the like, or do an thing to encourage or urge the Men to arm themselves on that or any other occasion. That Montgomery during the days that Deponent was in or about the Tavern, appeared much dejected & took little or no interest in what was going on.
Signed John Reid.
Sworn before me in the Home District Jail, 18 April, 1837, John Armstrong, Alderman & J.P. {Images 1368.
. 1838 Apr 18 - To Sir Geo. Arthur, Lieut. Gov. UC,
Under the circumstance of deep humility, I beg to approaching your Excellency in the hope of merciful consideration of the case of a beloved but unfortunate Brother who has lately been convicted of High Treason & is sentenced to suffer the extreme penalty of the Law by being hanged on 24th Instant.
At his trial it was fully proved that he bore no arms, wore no badge, nor was known to excited any person to act in insurrectionary part, but on the contrary advised numbers to return in Peace to their respective homes. Those traits in this character induced a humane & intelligent Jury to recommended him to mercy. His good & loyal conduct in a former War gained him the approbation of his officers, the Hon. Colonel Allen, & Captain Ridout who testified to the same & he is certainly the only member of a highly respectable family to whom any portion of disloyalty can be attached. I humbly & sincerely beg to state that I am a Captain in the Regiment of North York Militia & 2 sons officers in the same, & that we have distinguished ourselves in the performance of the most arduous duties during the late rebellion, having subsequently to the dispersion of the insurrections pursued them in the Townships of Markham & Whitchurch & disarmed them.
Now when our Government is triumphant, they surely can afford to be magnanimous & merciful, their enemies are reduced to despondence, trembling & terrors, the inevitable misery of the wicked & vicious under circumstances so truly deploring it is sincerely to be hoped that your Excellency will be graciously pleased to extend that mercy to John Montgomery, which info deserving of either himself, yet for the sake of his brother & other members of their families will be as gratefully received as if the favor of mercy as extended to themselves, were they placed in a similarly unfortunate situation.
One circumstance I particularly beg to state, which is that that wicked atrocious incendiary William Lyon Mackenzie with a number of Insurrectionist to his house on Dec 4th last, he was not perfect master thereof, as he had rented it to another person, nor do I sincerely believe that he was instrumental to the rising, but the part cause on him unawares & that he was considerably subjected to their power & constraint, much more than by his inclination, the whole of which is humbly submitted.
Signed, Alex. Montgomery, Toronto, April 18, 1838.
We the undermined recommend the application of Captain Alexander Montgomery, to the favorable consideration of your Excellency for the reconsideration of the extreme penalty of the law, on behalf of his unfortunate brother, John Montgomery,
Signed, Col. Allen, Wm. Ridout, WL McKenzie, Hugh Stewart, JP, Wm B Crew, G D Reed, Wm. Clark, W Rochfort, David Bridgeland, Capt. 4th North York Militia. {Images 1372.
. To: Maj Gen Geo. Arthur, Lt Gen. UC
Attorney General in the case of John Montgomery. Convicted of High Treason.
Evidence against JOHN MONTGOMERY established the fact that the Insurrections made his house (a large building used as a Tavern), their Head Quarters from the communicant to the conclusion of the insurrection. If was further proved that he assisted in providing provisions for the Rebels & was constantly in close communications with the leaders.
He had leased is Tavern to a man named lint a few days before the Rebellion & was preparing to take his family from it, when the insurgents established themselves there.
Signed Ch. A Hagerman, Attorney General. [Images 1377.
. PETITION OF JOHN MONTGOMERY, late York Twp., Yeoman, now a Prisoner in Home District Gaol, Petitioner stands convicted by a Jury of the crime of High Treason in habit been concerned in the late criminal insurrection in this Province.
As the facts disclosed upon the trail are fully detailed in the notes of the learned Judge who tired the case & will therefore be embraced in the report to your Excellency. That source for knowledge of the merits of your Petitioners defense. A sincere assurance of conscious innocence would evil anything such an assurance would not be waning, but he cannot but feel that the awful situation in which he stands he has little reason to expect that any statement of his would weigh at all worth in determining upon the question of his guilt or innocence.
Your petitioner however would fain indulge to hop at your Excellency may be please in accordance with the recommendation of the Jury to take his case into merciful consideration & you may feel it not inconsistent with the ends of public justice to grant him pardon wither absolutely or upon such terms you may seem meet, or if that should be beyond the authority of your combustion you would be graciously pleased to respect the exception of the sentence shall have had an opportunity of throwing himself upon the mercy of his Sovereign by a petite to Herself.
Signed, John Montgomery. [Image 1380.
. Envelope: In Council 11 May 1838, Recommended to Her Majesty to comment the sentence of Death to Transportation to the Colony of Van Diemen’s Land [Tasmania], for 14 years.
. PETITION OF MARY MONTGOMERY, on behalf of her husband July 19 1838.
XRef: Mary Cox Montgomery for transcribed letter. - PJA 2015. [Image 1389.
Ref: UCS Index C9824, C600 p110390-418;/ Image 1364
EPILOGUE: When asked at his 1838 trial if he had anything to say as to why sentence should not be pronounced upon him, he replied: "I have." Then, after a moment of breathless silence, he spoke a few impressive words, the purport whereof was never forgotten by those who heard them. They were addressed to the Chief Justice,. "I consider that I have not had a fair or impartial trial. There are men here who have sworn my life away. The perjured evidence of W. B. Crew, Thome & Bridgeford will haunt them in after years. They will never die a natural death; & when you, sir, & the jury, & all those who take part in my sentence, shall have died & perished in hell's flames, John Montgomery will yet be living on Yonge Street." Chief Justice Robinson, upon recovering himself, pronounced the death [Pg 252] penalty.” When Montgomery died in 1879, he had outlived the judge, prosecutors, & most jurors & witnesses.
Montgomery's tavern was a large wayside inn, with a broad platform in front, & with a lamp suspended over a central doorway. Mackenzie had no sooner reached the tavern on Monday morning than he poured out the vials of his wrath upon Montgomery's head with unstinted hand. He reproached him for having deserted the cause in refusing to act as commissary, & with being much more desirous of advancing his own interests than those of his party. Montgomery appears to have taken these reproaches very coolly. On Tuesday morning the sun rose upon a still dispirited community at Montgomery's. The insurgents had the greatest difficulty in procuring supplies of food. Mackenzie took upon himself to superintend this department as well as every other, & was in constant hot water with somebody. He was especially severe in his verbal onslaughts upon Montgomery, whose lukewarmness in the cause enraged him almost beyond endurance. He reproached him because he would "neither fish nor cut bait."Finally, at the urgent entreaty of Gibson & Lount, Montgomery appears to have consented to act as commissary to the insurgents, & from that time forward there was no scarcity of provisions. One of the insurgent survivors of that memorable 5th of December informs me that he knew the cause was hopeless from the moment when Mackenzie harangued the men before leaving Montgomery's. He says: "Little Mac conducted himself like a crazy man all the time we were at Montgomery's. He went about storming & screaming like a lunatic, & many of us felt certain that he was not in his right senses. He abused & insulted several of the men without any shadow of cause, & Lount had to go round & pacify them.
Ref: The Story of the Upper Canada Rebellion, John has Dent, 1885.
- The above research & transcription by P J Ahlberg. Thank you. 2015. - - - [4]
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