Contes et Sfeqendes THE FIRST ACADIAN -- MURDER The name "Acadian" easily connotes a simple, peaceloving and neutral people, exiled from their home in Nova Scotia. Closely associated with this is their strong faith and moral fiber. Major crimes were non-existent in the Acadian community. Thus, it is rare to conceive of such an act as murder as taking place within their environment. Early in the history of the settlement of Prince Edward Island, in fact in June of 1812, such a heinous act did take place. This gruesome event is still recalled in a ballad, popular in various parts of the Canadian Maritimes, entitled "Le Meurtrier de sa Femme" or "La Complainte de Pinquin" . Rare as it is that something good should result from something so tragic, it is not surprising. Due to the actions of a temporarily insane ancestor, Xavier Gallant, his direct act of violence, and subsequent incarceration in the deplorable conditions of the Charlottetown jail, led to a complete reform of prisons for that smallest of the Canadian provinces. The Man and His Deed Louis Gallant and Anne Chiasson were married at StPierre-du-Nord on Ile St-Jean (today Prince Edward Island) on the 8th of January 1753. His grandparents were Michel ~ a c h gdit Gallant and Anne Cormier who had come to PortLajoie from Beaubassin in Acadia. Michel was later named harbor-master of Port-Lajoie (now Charlottetown). From all evidence, Louis and Anne Gallant, during the deportation of the Acadians from Ile St-Jean, fled to Ristigouche at the western end of the Baie-des-Chaleurs. While there, they had a child baptized on the 9th of January 1761. Although the child's name was omitted from the baptismal act in the register, the family genealogist, Father Patrice Gallant, presumes that this was their son Xavier, the subject of this article. Much later, Xavier and two of his brothers, Alexandre and Fabien returned to live on Ile St-Jean. While there, American-French Genealogical Society of Rhode Island Article from Je Me Souviens www.afgs.org GENEALOGY OF XAVIER GALLANT 0 L'ARCH~,Pierre ( LANGLOIS, Adrienne ( of St-Pierre-Mondidier, France Diocese of Beauvais I HAcHE/ dit GALLANT, Michel (Pierre & Adrienne Langlois) CORMIER, Anne (Thomas & Madeleine Girouard) mg. 1690 - Beaubassin, Acadia I1 HACH~&GALLANT, Pierre (Michel & Anne Cormier) LAVERGNE, ~e/cile (Pierre & Anne Bernon) mg. towards 1725 - Beaubassin, Acadia 111 HAcH6-GALLANT, Louis (Pierre & Ce/cile Lavergne) CHIASSON, Anne (Fran~ois& Anne Doucet) mg. 8/1/1753 - St-Pierre-du-Nord, P.E.I. IV GALLANT, Xavier (Louis & Anne Chiasson) DOUCET, Madeleine (Michel & Louise Belliveau) mg. - Rustico, PEI Children of Xavier Gallant and Madeleine Doucet: 1. Lange mg. cl812-Mt-Camel ,PEI to M-He/l\eneGallant 2. Daniel mg. 26/9/1814-Rustico,PEI to Marguerite Arsenault 3. ~idilelmg.cl811-Miscouche,PEI to Barbe Poirier 11 2mg. 14/11/1836-Miscouche,PEI to Marguerite Arsenault 4. Victor mg. 10/2/1817-Egmont-Baie,PEI to Charlotte Bernard 5. Bruno mg. 19/2/1822-Mt-Carme1,PEI to Henriette Aucoin -Rustico,PEI to Clgment Martin 6. Julithe mg. -Rustico,PEI to Armand Martin 7. ~dgssemg. American-French Genealogical Society of Rhode Island Article from Je Me Souviens www.afgs.org Xavier married Madeleine Doucet, the daughter of Michel Doucet and Louise Belliveau. Of this marriage were born eight children, seven of which were living at the time of the murder. They were/: Lange, Daniel, id he, Victor, Bruno, Julithe and Edesse. The new couple established themselves on lot number 16, near other tenants, in the area contingent to Malpeque Bay. This land later passed into the hands of the John Ramsay family, of English origin, and later took the name of "Rose Hill Farm". On Thursday, the 11th of June 1812, Xavier Gallant took his wife for a walk in the woods, where he murdered her with an ax, and where he also hid the body. The reason for this fatal act is ambiguous, as the account of his trial will later reveal. The following Sunday, the people of the village came to apprehend the murderer, who led them to the mortal remains of the victim. He was then immediately transported to the Charlottetown jail.1 Gladly, first-hand documents concerning the murderer and his action are numerous, which inform us in a suffusely-detailed fashion concerning the major part of the circumstances which surround this event. Thanks to these documents, many discrepancies are able to be explained concerning the event as well as the ballad. One must note that the descendants of Xavier Gallant are numerous in the Egmont-Baie and Mont-Camel regions of the Island, where many folkloric inquiries have been made concerning the "complainte", and where oral tradition has greatly supplemented many important facts reported concerning this affair. The murder of Madeleine Gallant by her husband was certainly an epoch event among the Acadian population of Prince Edward Island. To our knowledge, this was the first murder committed among the insular Acadians. The King vs. Francois-Xavier Gallant On Tuesday, the 30th of June 1812, Xavier Gallant appeared in the Supreme Court of Prince Edward Island before chief-justice Caesar Colclough and his assistant judges Robert Gray and James Curtis. He pleaded not guilty to the murder of his spouse. His trial was set for the following Friday, the 3rd of July. It lasted a relatively short duration, beginning at 9 A.M. and ending the same day at American-French Genealogical Society of Rhode Island Article from Je Me Souviens www.afgs.org 7:30 P.M. The Procurator-General appointed James Bardin Palmer, judicial counsellor for the Crown, to be lawyer for the prisoner. The jury was composed of twelve men, all Englishspeaking. They were: William McEwen, Richard Chappel, James Wilson, Peter Hewitt, Joseph Dingwell, Donald McDonald, George ~ a c k e ~John , McGregor , David Higgins , Nathan Davis, Joseph Avaard and George Aitkin. The witnesses numbered eleven, six for the Crown, and five for the defense. Tvse produced by the Procurator-General were: Victor and Fidele Gallant, sons of the accused; Jean-Baptiste Gallant, Xavier's cousin; Prosper Poirier; Daniel Campbell and Col. Harry Compton. On his side, the defense lawyer called the following witnesses: Placide Arsenault; William Clark; George Blood; Samuel Cameron, Xavier's closest neighbor; and Lange Gallant, Xavier's oldest son. Given that most of the witnesses could not speak English, John Frederick Holland, a member of the accusation jury, was assigned as the trial's interpreter. Most of the witnesses were of the opinion that Xavier suffered from a mental imbalance. His son, ~idele,declared that the people of the village believed that this was responsible for the murderous act of his father. His brother, Lange, affirmed that he had perceived the first signs of irregularities in the mental health of his father on the day of Mardi Gras, two years previous to this. Since then, his parents had quarrels, he added. According to many witnesses, Xavier lost his reason after he obtained a certain sum of money from a Mr. Marsh. Here is what was revealed on the subject by his son, ~idkle : From what he was able to recall, more than a year had passed since Mr. Marsh gave him the money. This was the cause of his derangement, when he began to lose his mind. He worked no more. In fact, he worked little since last autumn. Before that he was a laborious man; he had always been an aimiable man and good towards his famil and all this until about three years ago3: American-French Genealogical Society of Rhode Island Article from Je Me Souviens www.afgs.org Unfortunately, the trial report does not divulge the nature of the transaction by which Xavier had obtained this money from Mr. Marsh. Also, the amount was not precise. Witness Daniel Campbell mentionned the sum of $380 that Xavier said he possessed before making a voyage to the Baie-des-Chaleurs. On his return, he said he could only find $200 of it. On the subject of Xavier's imbalanced state, Prosper Poirier, another witness, himself said money was the cause. At his word, one dollar had caused him to kill his wife, because while Xavier was poor, he was loving and good to her. He was equally a good worker. It is evident, by the tenor of the testimonies, that Xavier suffered from mental alienation. He blamed his wife and children for stealing his money. He also believed himself cursed by a local dog (Acadians are somewhat superstitious in this regard), as well as imagined that someone was going to take possession of his house. He sometimes imagined that his wife was the wife of his son, and so forth. Could Xavier Gallant have had a breakdown, or be going senile? He was only 51 years of age at the time of the murder. Could avarice for his money have caused his temporary madness? These are all plausible questions. In his testimony, Fidele Gallant also made known to the court how his father had justified his criminal act: ... He (Xavier) had said that the reason for which he killed her was that she was not sufficiently attentive to her household affairs and that she no longer occupied herself for him- for example, he was obliged to do his own cooking3 This added detail of information makes us wonder if marital difficulties or even something scandalous might have been at the root of the problem, compounding the issue. After a 6 P.M., the and a half. guilty, but court. full day of witnesses' testimonies, towards jury retired and deliberated for about an hour When they returned, the verdict was one of the jurors recommended the clemency of the American-French Genealogical Society of Rhode Island Article from Je Me Souviens www.afgs.org The Thursday f o l l o w i n g t h e t r i a l , t h e 9 t h of J u l y , Xavier w a s brought b e f o r e t h e c o u r t t o r e c e i v e h i s sentence. The d e a t h p e n a l t y was i n f l i c t e d upon him, b u t h i s lawyer, James Palmer, a t t h e end of t h e d e c l a r a t i o n of punishment, proposed t h a t t h e e x e c u t i o n be d e f e r r e d . The c o u r t decided t o c a r r y t h e d i s c u s s i o n of t h i s motion t o t h e following Saturday. Here i s how t h e verbal-process of t h e c o u r t resumed i t s meeting t h a t day: The h i g h s h e r i f f , on t h e a d v i c e of t h e c o u r t c l e r k , having been ordered t o b r i n g t h e p r i s o n e r h e r e t h i s day t o receive h i s sentence, presented t h e prisoner who was p l a c e d b e f o r e t h e T r i b u n a l . H e was asked i f h e had, according t o him, some r e a s o n f o r which t h e judgment of t h e l a w should n o t b e imposed. He responded t h a t h e had none. The c h i e f - j u s t i c e pronounced t h e d e a t h s e n t e n c e on t h e p r i s o n e r who was s e n t back t o j a i l . The d e f e n s e lawyer proposed a d e l a y t o t h e e x e c u t i o n . The c o u r t , a f t e r having heard t h e lawyer, o r d e r e d t h a t t h e c o n t e n t s of h i s motion b e r e t a i n e d u n t i l t h e f o l l o w i n g Saturday4 . The WEEKLY RECORDER, a newspaper of t h e e r a , p u b l i s h e d a t Charlottetown, gave i n i t s i s s u e of 4 t h of J u l y 1812 an account of t h e j u d i c i a r y procedures i n i t i a t e d a g a i n s t Xavier G a l l a n t . It i s s u r p r i s i n g t o r e p o r t t h a t t h i s weekly p u b l i s h e d i n t h a t same i s s u e X a v i e r t s d e a t h s e n t e n c e , which was n o t a c t u a l l y pronounced u n t i l t h e 9 t h of t h a t month, almost a week l a t e r . The newspaper, presuming t h e consequences of X a v i e r ' s a c t i o n , r e p o r t e d t h e following: The c h i e f - j u s t i c e , a f t e r having made t h e commentary on t h e t r a g i c end t o which t h e p r i s o n e r had brought h i m s e l f , pronounced t h e t e r r i b l e s e n t e n c e of t h e law, t h a t h e b e brought on Monday t o t h e p l a c e of execu t i o n where h e b e hanged by t h e neck u n t i l dead, and a f t e r w a r d s , t h a t h i s body b e housed f o r a n a t o m i z a t i o n , and t h a t God have p i t y on h i s soul5. American-French Genealogical Society of Rhode Island Article from Je Me Souviens www.afgs.org According t o t h e r e p o r t e r who w r o t e t h e a r t i c l e , Xavier G a l l a n t was t o b e hanged on Monday, t h e 6 t h of J u l y , w h i l e i n r e a l i t y , h i s s e n t e n c e was n o t v e r i t a b l y pronounced unt i l t h e f o l l o w i n g Thursday, 9 J u l y . The newspaper jumped t h e gun. The Death of Xavier G a l l a n t The c a s e of Xavier G a l l a n t i s no l o n g e r r e p o r t e d i n t h e v e r b a l - p r o c e s s of t h e c o u r t a f t e r t h e 9 t h of J u l y 1812. From a l l e v i d e n c e , h e had been pardonned, because a n o t h e r i m p o r t a n t document l a t e r shows u s t h a t i n September 1813, h e had s t i l l been imprisoned i n t h e Charlottetown j a i l . T h i s document, more p r e c i s e l y d a t e d t h e 2 1 s t of Septemb e r 1813, was a p e t i t i o n from Caleb S e n t n e r , J a i l o r o f t h e Charlottetown j a i l , which h e s e n t t o t h e Lieutenant-Governor of t h e I s l a n d , C h a r l e s Douglas Smith. I n h i s r e q u e s t , t h e j a i l o r d e p l o r e d t h e inhuman s t a t e i n which c e r t a i n p r i s o n ers were r e t a i n e d , n o t a b l y t h e s i t u a t i o n of Xavier G a l l a n t . Xavier's case i s given i n d e t a i l . From what Caleb S e n t n e r w r o t e , s i n c e t h e murderer was i n c a r c e r a t e d i n June o f 1812, he was o r d e r e d t o f e e d him and s e e t o h i s o t h e r needs. H e was promised as payment, t h e sum of 1 5 s h i l l i n g s p e r week, t h i s money provided from t h e l i q u i d a t i o n of t h e p r i s o n e r ' s p r o p e r t y , which had been confided t o t h e o l d c o r o n e r , C h a r l e s S e r a n i . The p e t i t i o n e r followed h i s r e q u e s t by e x p l a i n i n g t h a t s i n c e t h e month of February 1813, h e h a d n ' t r e c e i v e d a n o t h e r c e n t . H e himself s a i d i t was i m p o s s i b l e t o c o n t i n u e t o m a i n t a i n t h e p r i s o n e r by r e a s o n of h i s t o o meager s a l a r y , and because h e gave what h e earned t o s u p p o r t h i s l a r g e family. The j a i l o r gave a s t u p i f y i n g d e s c r i p t i o n of t h e s t a t e of p r i s o n e r s , a c c e n t u a t i n g t h e c a s e of Xavier G a l l a n t : And t h a t i t b e p a r t i c u l a r l y p e r m i t t e d t o your P e t i t i o n e r of r e p o r t i n g t o h i s Exc e l l e n c y t h e m i s e r a b l e s t a t e of t h e prisoners retained i n t h i s t e r r i b l e place, a p p a l l i n g t o human n a t u r e and repugnant t o a l l s e n t i m e n t ; beds and bedding are American-French Genealogical Society of Rhode Island Article from Je Me Souviens www.afgs.org not furnished, except for two rugs or blankets, which were sent in a spirit of charity by the old sheriff, Mr. Samuel Cambridge. Your petitioner is in the disagreeable obligation of placing prisoners in their respective quarters where they have found only the bare floor for sleeping, without blankets to protect them from the effects of changing climate to which this Island is exposed, and which eventually leads to sickness or to death. Xavier Gallant, previously mentioned, has such need at this moment of a change of clothes, and he himself and his cell are in such a dirty state that it is impossible for one to live there without exposing oneself to a condition of life as pitiable as his own6 . In his presentation to the Lieutenant-Governor, Caleb Sentner spoke of having asked many of Xavier's friends to furnish him with linens. They made known to him that Mr. Serani disposed of the prisoner's property, and that Sentner should have addressed himself to Serani for aid. The same day that the petition was presented, it was read to the Council of the Island, the resulting action of which was that it ordered Misters Sentner and Serani to present themselves at its meeting the next morning. It demanded the old coroner to produce a report on the deposition of Xavier Gallant's property. That day, the 22nd of September, they both appeared before the Council. Mr. Serani gave his oral report to them regarding Xavier's belongings, yet the Council asked him to produce a complete report at their next meeting. He didn't immediately obey the orders of the Council, as it reiterated its request on the 19th of October, and again, on the 6th of November 1813. On the 19th of October, the Council finally decided to occupy itself with the well-being of Xavier Gallant. The jailor received from them the directive to conveniently wash the prisoner, by bathing him in an infusion of strong American-French Genealogical Society of Rhode Island Article from Je Me Souviens www.afgs.org tobacco. The s h e r i f f , on h i s p a r t , r e c e i v e d t h e o r d e r t o d r e s s him warmly. S e v e r a l weeks l a t e r , Xavier d i e d a t t h e C h a r l o t t e t o w n j a i l on t h e 6 t h o f November 1813. That same day, w i t h i n t h e w a l l s of t h e p r i s o n , a j u d i c i a r y inquest b e f o r e a jury was brought by t h e p r e s e n t c o r o n e r Fade Goff. This i n q u e s t determined t h a t Xavier G a l l a n t "died o f t h e v i s i t a t i o n of God, and i n a n a t u r a l way". The same day of X a v i e r ' s d e a t h , t h e I s l a n d Council h e l d a s p e c i a l meeting. We do n o t know i f t h e members of t h e Council were aware o f h i s d e a t h , as we do n o t know whether h e d i e d b e f o r e o r a f t e r t h e meeting. B e t h a t a s i t may, t h e s t a t e of t h e p r i s o n w a s t h e o b j e c t of a l e n g t h y d i s c u s s i o n . F i r s t o f a l l , t h e deputy c l e r k of t h e Council was mandated t o approach t h e o l d c o r o n e r , M r . S e r a n i , t o once more e x h o r t him t o f u r n i s h a complete r e p o r t on t h e d e p o s i t i o n o f Xavier G a l l a n t ' s p r o p e r t y . Following t h a t , t h e j a i l o r , M r . Sentner presented himself before t h e Council. Once a g a i n , h e made known t h e needs o f t h e p r i s o n e r s i n food and bedding. The Council f i n a l l y decided t o a r i g h t t h i s problem i n a d e f i n i t i v e f a s h i o n . Some good had come from X a v i e r ' s imprisonment. The l i f e o f Xavier G a l l a n t f i n i s h e d q u i e t l y i n t h e Charlottetown j a i l , a f t e r h e had been imprisoned more t h a n a y e a r and t h r e e months, and t h i s , f o r t h e murder of h i s w i f e . He d i e d abandonned of a l l , family and f r i e n d s , and from a l l e v i d e n c e , a v i c t i m of t e r r i b l e t r e a t m e n t of p r i soners. The B a l l a d Subsequent t o h i s d e a t h , t h e Acadians composed a song which r e c a l l s t h i s d r a m a t i c e v e n t i n t h e h i s t o r y of P r i n c e Edward I s l a n d . The b a l l a d i t s e l f n e i t h e r r e v e a l s t h e name of t h e murderer n o r h i s v i c t i m , n o r does i t s a y a word about t h e p l a c e o r d a t e of t h i s drama. Y e t of a l l t h e b a l l a d s i n t h e Maritime a r e a , i t i s t h e most famous. U n t i l t h e p r e s e n t , i t had been c o l l e c t e d i n t o 26 v e r s i o n s provided from P r i n c e Edward I s l a n d , and t h e " p e t i t e s Acadies" of t h e Madeleine I s l a n d s , t h e ~ a s ~ g s i and e , the ~ 6 t e - ~ o r d American-French Genealogical Society of Rhode Island Article from Je Me Souviens www.afgs.org / of Quebec. Of a l l t h e v e r s i o n s c o l l e c t e d , n o t one i s complete. The "complainte" h a s b e s t been preserved o u t s i d e of P r i n c e Edward I s l a n d , w i t h t h e most complete v e r s i o n , counting 42 v e r s e s , being t h a t of t h e ate-~ord h i s t o r i a n and f o l k l o r i s t , P l a c i d e Vigneau of Havre s t - p i e r r e 7 . Many of t h e v e r s i o n s from P r i n c e Edward I s l a n d , New Brunswick, and t h e ~ a s ~ e / s ci ae r r y t h e t i t l e "Le M e u r t r i e r d e s a Femme", y e t t h e v e r s i o n s from t h e Madeleine I s l a n d s and t h e ~ o " t e - ~ o radr e known a s "La Complainte d e Pinquin". On t h e Madeleine I s l a n d s i t was known a s a very a n c i e n t b a l l a d . You might a s k why t h e l a t t e r t i t l e , s i n c e t h e word pinquin does n o t appear i n t h e t e x t of t h e "complainte"? I n h i s HISTOIRE DE RUSTICO, h i s t o r i a n and g e n e a l o g i s t , J-Henri Blanchard, n o t e s t h a t Xavier G a l l a n t , whose two d a u g h t e r s had married t h e Martin B r o t h e r s of t h a t v i l l a g e , was nicknamed "pinquaing/pinquinl1. The Senator P a s c a l P o i r i e r of P r i n c e Edward I s l a n d s a i d he had heard t h e word used only t o d e s c r i b e an Acadian r e c i p e , d e s i g n a t i n g a "dish composed of p o t a t o e s , l a r d , and p i e c e s of mixed chicken, cooked i n a c a s s e r o l e " . Today, t h i s e x p r e s s i o n i s l i t t l e known among t h e Acadians of t h e I s l a n d , b u t i t i s w r i t t e n "pincan". Although t h e meal i s v e r y common, i t i s b e t t e r known a s "rapare" o r l1chiardl1 . On t h e Madeleine I s l a n d s , t h e e x p r e s s i o n "pinquin" was o t h e r w i s e known, b u t i n a t o t a l l y d i f f e r e n t sense. Among t h e a n c i e n t Madelinots, i t s i g n i f i e d a " l e a s t commendable The person who was s e e n a s a " t r a i t o r t o h i s person". From i t s common usage, neighbor" q u a l i f i e d a s a "pinquin". and r e f e r r i n g t o t h e b a l l a d , t h e name "pinquin" q u a l i f i e d any person having somewhat of a m a l i c i o u s o r murderous c h a r a c t e r . I n c l o s i n g we p r e s e n t Vigneauls v e r s i o n of t h e 11 complainte", w i t h supplemented v e r s e s by M a i l l e t and Benoit ( i n p a r e n t h e s i s ) , from t h e n o r t h e r n New Brunswick a r e a , where Anne Chiasson-Gallant, ~ a v i e r ' smother d i e d on t h e 1 3 t h of A p r i l 1814 a t Shippagan I s l a n d , and where o t h e r r e l a t i v e s of t h e family were known t o s e t t l e following t h i s t r a g i c y e t epoch drama. American-French Genealogical Society of Rhode Island Article from Je Me Souviens www.afgs.org
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