File No. 342.112Sm6/13.


No. 14.]

Sir: I have the honor to report that counsel for Officer Delaney and the 3 soldiers under arrest for the shooting of Smith and Dorsch at Fort Erie on December 28, 1914, appeared before High Court Justice Middleton at Toronto on January 19, 1915, and asked for the release of the four men on bail. Justice Middleton fixed bail for Delaney at $30,000, and $20,000 for each of the militiamen. He also ruled that each of the prisoners might give his personal bond for half the amount of the bail. Officer Delaney was released last evening on giving his personal bond for $15,000 and on the bonds of 2 responsible persons for $7,500 each. The 3 soldiers were released today on furnishing the bonds fixed.

[Page 420]

The trial of the men will be held at Welland on March 2, the opening of the spring assizes.

I have [etc.]

G. S. Messersmith.