Manitoba History: Winnipeg’s First Execution

by David Grebstad
Wasaga Beach, Ontario

Number 86, Winter 2018

This article was published originally in Manitoba History by the Manitoba Historical Society on the above date. We make this online version available as a free, public service. As an historical document, the article may contain language and views that are no longer in common use and may be culturally sensitive in nature.

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On Thursday 18th June, ’74 a most horrible murder was committed on the prairie near the city. The victim was a young man named James R. Brown, and it appears he was attacked by some [Militia] volunteers and dreadfully mutilated.
Alexander Begg, Ten Years in Winnipeg

In June 1874, Manitoba was a young and as yet sparsely populated province, being home to only 15,000 souls. Winnipeg, having been incorporated in the fall of 1873, was a growing but as yet small city of 5000 centred on the intersection of Portage and Main that was slowly starting to spread to the north and west. To the west of the city centre lay the newly constructed Fort Osborne—a military barracks that served to house the Dominion Forces on Service in Manitoba, comprising the Provisional Battalion of Infantry of 150 officers and men, and a Battery of Artillery comprising 50 officers and men. This small force was the successor to the two battalions of Canadian volunteer militia that accompanied Colonel Garnet Wolseley and a battalion of British regulars in the Red River Expeditionary Force of 1870, dispatched in response to the Red River Resistance led by Louis Riel. Fort Osborne, so named in recognition of Lieutenant-Colonel William Osborne Smith the first Deputy Adjutant General of Militia in Manitoba, was situated on a patch of prairie near where Colony Creek drained into the Assiniboine, and where the Manitoba Legislative Building currently stands. Winnipeg was a rough and tumble town with many transients, traders, scoundrels and soldiers with too little entertainment, and too many saloons. In late June 1874, between Main Street and the barracks on the Portage Road that cut west across the prairie, a most tragic affair occurred that scarred the psyche of the young city and resulted in the first public execution in Winnipeg.

On the evening of Thursday, 18 June 1874, three soldiers of the artillery, Gunners Joseph Michaud and Leon Bernier, both of Quebec City, and Corporal Frederick Baker of Toronto, sneaked out through the back gate of the barracks at Fort Osborne at about 10:30 pm and made their way towards the downtown area of Winnipeg. Soldiers were not permitted into town without authorization; so Michaud and Bernier turned their serge uniform jackets inside out and donned caps in order to appear as civilians. The three visited a variety of the many saloons and inns that served libations and freely indulged customers with drink.

A little before midnight at the Pride of the West Saloon, Dugald Sinclair proprietor, James Degan, who had come from Quebec City as a solider in the Provisional Battalion but took his discharge in 1872 and had settled in Winnipeg, bumped into the three men and struck up a conversation. While speaking with Michaud, whom he knew from Quebec, Michaud took Degan’s hand and pulled it to the small of his back where Degan felt the sheath of a knife. He could tell the men had been drinking, although he thought they did not seem overly intoxicated. With a word of warning to Michaud to not do anything stupid, Degan left the Pride of the West. On his way out, he mentioned to Sinclair that Michaud had a knife and advised him to be wary of it, should he have to forcibly remove the man. The three soldiers continued to drink, eventually moving to another saloon, Cronn’s.

Elsewhere, at the Red Saloon, Edward Lennon proprietor, a young man named James Brown was enjoying a late-night libation as well. Brown was originally from Hamilton, Ontario and had come out west to settle several years previous. He was well liked about town, and he was reported to be thoroughly good-natured and companionable. Near midnight, he left the establishment and began walking west. Short on money, he had only drunk soda water on credit.

At about the same time at Cronn’s, Gunner Bernier, perhaps feeling he had sufficiently indulged himself, left his colleagues and began meandering back toward the barracks. Moments later, the remaining two artillerymen, now intoxicated, decided to leave Cronn’s and discussed moving to another establishment, Taft’s, to secure some more whisky. They stumbled out into the road, crossed Main Street and began to head west along the Portage Road. Coming upon the Red Saloon, they attempted to gain entry, but were turned away by Edward Lennon. As he was barring their entrance in one door, James Brown left the saloon from another. Rebuffed, the two artillerymen continued their way west and found themselves walking three or four yards behind James Brown. It was at this time that things took a decidedly darker turn. In a drunken stupor, Corporal Baker muttered ill-advised words to Gunner Michaud and a quarrel ensued. Michaud produced the knife he had advertised to Degan in the Pride of the West, and attacked Baker who threw up his hands in self-defence, receiving two severe cuts to the back of his right hand. The melée became raucous, in response to which Brown turned around, and said something to Michaud, taking the part of Baker and interposing in the fracas. Fuelled by liquor and with his blood up, Michaud set upon Brown. Baker fled towards the barracks, and the last thing he saw as he ran away was Michaud strike Brown about the head and face with the knife.

A view of Main Street in Winnipeg as it looked at the time of James Brown’s murder.

A view of Main Street in Winnipeg as it looked at the time of James Brown’s murder.
Source: Archives of Manitoba, Winnipeg - Streets - Main c1873 #2

Hamilton McMicken, whose house was on the Portage Road, was asleep in his bedroom when he heard a commotion and looked out into the dark street where he could make out three persons, two in dark clothing and one in light, and perceived what he thought to be the voice of Brown, a man he knew quite well. Farther west, James Nichol, and brothers Thomas and John Bunce were camped on the prairie. Outside their tent, they heard a noise like a beating, followed by weeping, and saw two men walking past their wagon speaking French and English. They heard what they thought was one man call out the word “Bernie.” John Bunce could still hear sobbing from down the road, so he called out to the men as they walked off, telling them they had left a man behind, but they ignored him. Assuming it was a quarrel between Saskatchewan traders, the three returned to bed, but only after calling out to the crying man to shut up. Thereafter the crying grew weaker and weaker until it died away.

Back at Fort Osborne, Corporal John Allen of Toronto and Bombardier William Wilkinson of Winnipeg were on duty. Allen was in charge of the guard, and Wilkinson had been placed in charge of the picket of troops detailed to march out into the city and collect errant soldiers. Working at the gatehouse at Fort Osborne, they were joined after midnight by Sergeant-Major William Abbot of the artillery. A little after midnight the men observed Corporal Baker come in with severe wounds to his right hand, followed shortly thereafter by Michaud and Bernier. At about the same time another soldier, Gunner Marriage, came in by a different gate. As all four men had been Absent Without Leave, Abbot directed another soldier, Gunner Edward Vaughan, to lock the men in the guardroom in the barracks. As Vaughan escorted them to the guardroom, Michaud was overcome by the drink and could only crawl on hands and knees into the room, after which he handed a knife to Vaughan asking him to “put it away.” Vaughan turned the knife over to Sergeant-Major Abbott who drew the blade from the sheath and found it to be covered in blood.

At about two o’clock in the morning, Private Edward McDonald of St. John, New Brunswick, a member of the Provisional Battalion of Infantry, was returning to barracks after a night of drinking in Point Douglas. As he walked west past Holy Trinity church on the Portage Road he observed a white hat and a black dog in the middle of the road. He approached the hat, was growled at by the dog, and then saw a body lying in the street. Upon examining the body, he found it to be horribly mutilated. Knowing of someone living in a nearby tent behind the Davis Hotel, at McDermot at Main, he ran to the tent and awoke the inhabitant, one Henry Turner, to seek his assistance. Turner accompanied McDonald to the body and listened to his chest to perceive if the man was breathing. McDonald and Turner proceeded immediately to the jailhouse.

Richard Powers, Chief Constable, was awoken in his room at about half past two in the morning by McDonald and Turner, and informed of a dead man lying on the Portage Road. Powers went with them immediately, bringing with him a turnkey from the jailhouse. Arriving at the scene, he inspected the body, ordered the turnkey to guard the remains and sent for the Coroner, Dr. Curtis Bird.

When Dr. Bird arrived at the body, he found that the scene had been so disrupted by the number of people gathering about it, that it was impossible to determine if there was a struggle. Nonetheless, he found a pool of blood about the remains of Brown that extended four-and-a-half yards from the body. He ordered the body to be removed to a house on Post-Office Street where a post-mortem was conducted by Dr. Turvers. The body was found to have a great number of wounds, no less than 33. These included three cuts to the throat, eight skull fractures and two knife wounds into the skull that penetrated into the brain, and at least one knife wound that penetrated deep into the right lung.

News of the grisly scene spread quickly. James Degan awoke early, and by six o’clock, after hearing the scuttlebutt, went out to see the scene for himself. After viewing the spectacle, and being suspicious of Michaud’s involvement, Degan sought out Chief Powers to inform him of Michaud’s advertising of his knife in the Pride of the West the night previous. Powers took Degan and proceeded to the barracks where he spoke with Sergeant-Major Abbot and asked about any soldiers who had been out beyond twelve o’clock. Powers was then handed the knife, given up by Michaud to Gunner Vaughan, and was conveyed to the guardhouse to see the four soldiers in custody, where he observed that Michaud had blood on the inside of his jacket. He then proceeded to inform the Mayor of Winnipeg, and received a warrant for the arrest of all four soldiers. Powers attended the house where the post-mortem had occurred, and brought with him the knife that had been taken from Michaud. When Dr. Turvers applied the knife to several of the wounds on the body, he found it to be an exact fit.

Powers returned to the barracks with the warrant, and by this time news of the murder had spread about town. James Brown was a popular member of society, and upon learning of his gruesome end, the local inhabitants became agitated. Word quickly got out that four soldiers were accused of the murder, and a large crowd of citizens congregated at the barracks, speaking openly of lynching the despised quartet. Chief Powers spirited the four out of the barracks in a wagon, which was pursued by the mob, intent on exacting summary vengeance on the four artillerymen. Powers was able to evade the mob by wisely taking a back-way into the city.

Justice moved quickly in those days. A Coroner’s Inquest was empanelled that very afternoon, the 19th of June at two o’clock, under the guidance of the Coroner with Andrew Strang as the foreman of the Coroner’s Jury. The first session was adjourned at 10 o’clock that evening and reconvened the next day. After evidence was heard from all involved, the jury brought in a verdict of wilful murder against Gunners Michaud and Bernier, and Corporal Baker. Gunner Marriage was found to have a solid alibi, and was released.

The next week, on Wednesday, 24 June, the Court of Queen’s Bench opened with Chief Justice Wood and Judge Betourney presiding on the bench. The bills were read: The Queen v. Joseph Michad – Murder. The Queen v. Frederick Baker and Leon Bernier – assisting, aiding and abetting Joseph Michaud to commit murder. Baker and Bernier entered pleas of not guilty. Michaud, when asked if he pleaded guilty or not guilty, replied solemnly “je suis coupable dans mon coeur, et je merite la mort” and then burst into tears. The next day, Thursday, 25 June, the court heard the case against Gunner Bernier, and on Friday the case against Corporal Baker. In both cases, upon receipt of evidence, the prosecution entered a nolle prosequi – a formal notice of abandonment of the legal action, and both men were discharged. In late July, Michaud was sentenced to hang on Wednesday, 26 August 1874.

Michaud remained in custody throughout, and his visitors reported that, unsurprisingly, sadness was perceptible in his manner. He had the reputation of being a kind and well-liked man when sober, who unfortunately turned into what the Manitoba Free Press called a “veritable maniac” under the influence of strong drink. His comments while waiting for the date of execution indicated that he understood the gravity of the situation, and “smacked of resigned jocularity.” Following regulations, the prison authorities thoroughly searched him the Monday evening prior to the execution, in order to ensure he had not concealed a means with which to commit suicide, to which Michaud enquired “Have I not made my peace with God? And would I throw my soul away now?”

The Tuesday before the execution, the necessary preparations were undertaken—namely the construction of the gallows. Since the macabre calculations determined the appropriate height of the platform for an effective drop that stood above the low walls of the Court House, an enclosure of black curtain was constructed to obscure the view from the general public. The test drop was carried out with 200 lbs of cannon shot, doubtless borrowed from the garrison.

At seven o’clock in the morning of the day of execution a black flag was hoisted over the Court House, and thereafter, Sherriff Armstrong opened the courtroom to spectators, whose numbers were substantial. In fact, there was such public interest in the execution that the Sherrif was required to print and issue tickets to control entry to the courthouse.

At 7:45 the bells of St. Boniface peeled the death knell, and the prisoner, having partaken of a final mass, was led out to the scaffold followed by the Sherriff, two priests —Fathers Dugal and Filion—and the masked hangman. The hangman was “dressed in a hideous suit of black” and wore a black hood over his head with holes cut out for his eyes and mouth. Although it was obvious he was a short, stout man, his costume was such that his identity was perfectly protected.

Where justice was done. A view looking northward on Main Street in 1874 shows the courthouse (arrow) where the murder trial of
Joseph Michaud was held.

Where justice was done. A view looking northward on Main Street in 1874 shows the courthouse (arrow) where the murder trial of
Joseph Michaud was held.
Source: Gordon Goldsborough, 2013-0153

At the gallows, Gunner Michaud’s arms were bound behind him with a belt by the hangman, and he was instructed to kneel to receive a final blessing from his spiritual advisor. He then rose back to his feet, assisted by the priests and the executioner. The noose was placed around his neck, and a white hood over his head. Silence pervaded the scene, broken only by the low muttering of Michaud who continuously repeated the prayer “Jesus, Marie, Joseph.” At the Sherriff’s signal, the hangman struck the bolt, which released the trap door and ushered 23-year-old Gunner Michaud into eternity. A reporter from the Manitoba Free Press who was allowed to witness the execution reported that the drop was a little over ten feet, after which the rope tightened with a twang, and thereafter the only motions that were apparent were the “spasmodic contraction of the muscles of the legs and a slight motion of the hands.”

Michaud was left to hang at the end of the rope for twenty minutes. On the order of the Coroner, at 8:20 the remains were lowered into a coffin where the attendant physician, Dr. Jackes, declared Michaud deceased, after which the empanelled coroner’s jury investigated the body and confirmed that Gunner Michaud was no more. The Free Press reporter remarked, in a rather detached fashion, that “the white cap was firmly grasped between the teeth and the neck was much discoloured, particularly upon the left side where the knot was.” Gunner Michaud’s remains were turned over to his friends in the military, and were then taken to St. Boniface Cathedral where he was buried in consecrated ground, the funeral attended by approximately thirty of his militia brothers, many moved to tears.

In his final statement, which he had prepared but was unable to deliver on the gallows, having become overcome with emotion, Gunner Michaud implored his colleagues to turn to a Christian life and avoid the vices of drink and poor companionship. He lamented that he had let his poor mother down and that he had “made the choice of evil companions; I indulged in drink and the disorders which follow drunkenness. I had of a Catholic only the name.” Temperance was the theme of Archbishop Taché’s address during Gunner Michaud’s funeral as well, and well it might be, as drunkenness seemed to be the root of many of the misfortunes of the force, which had become renowned for its disorderly conduct.

With the end of the funeral mass, the sordid tale of a grisly murder that left a popular young man dead, and led to the extinction of another promising young life as well, came to an end. In 1874, Winnipeg was a new city, but the settlement at the confluence of the Red and Assiniboine rivers already had a long history with its own dark chapters. Nonetheless, with the murder of Brown and the execution of Michaud, the innocence of the young city seems to have been shattered. As Alexander Begg observed “this was the first execution in Winnipeg, and [it] threw a gloom over the whole community.”

Notes

This story was drawn from the evidence produced during the Coroner’s inquiry, proceedings of the Court of Queen’s Bench and press reports from the execution, all of which were published in detail in Manitoba Free Press serials on 20 June, 27 June and 31 August 1874.

See also:

Historic Sites of Manitoba: Winnipeg Court House (494 Main Street, Winnipeg)

We thank Clara Bachmann for assistance in preparing the online version of this article.

We thank S. Goldsborough for assistance in preparing the online version of this article.

Page revised: 23 April 2022