Firebugs, Rustlers, Vandals and Vigilantes: Crime & Criminal Justice in Late 19th & Early 20th Century Rural Ontario Firebugs, Rustlers, Vandals and Vigilantes: Crime & Criminal Justice in Late 19th & Early 20th Century Rural Ontario By Richard P. Manning, M.A. A Thesis Submitted to the School of Graduate Studies in Partial Fulfillment of the Requirements for the Degree Doctor of Philosophy McMaster University-History Department Hamilton, Ontario, Canada (copyright, Richard P. Manning, 2018) McMaster University DOCTOR OF PHILOSOPHY (2018) Hamilton, Ontario (History) TITLE: Firebugs, Rustlers, Vandals and Vigilantes: Crime & Criminal Justice in Late 19th & Early 20th Century Rural Ontario AUTHOR: Richard P. Manning, B.A. (Hons.) (Trent University), M.A. (Carleton University) SUPERVISOR: Professor Ken Cruikshank NUMBER OF PAGES: vi, 290 ii Abstract In the late nineteenth and early twentieth centuries, the provincial system for administering justice in rural Ontario was criticized in the press and by some local justice officials in the counties. Criticisms were in response to apparent moments of criminal crisis. The public learned about the crimes of violent groups and gangs mainly through the press. There were stories of sensational property crime, violent attempts at social control, and more rarely, vigilantism. Ontario, however, appeared to be a peaceable province, which moderated calls for improvement in the system. The slow pace of reform, and evidence of a system that functioned well under most circumstances, suggests that the province had only marginal interest in reform. An antiquated system of rural constables was useful to critics advocating reform. In some cases however, the local knowledge of the county constable complimented the investigative strength of the provincial detectives. The rise of the Ontario Provincial Police in the 1910s and 1920s promised a change for the better, but the force was not designed to meet the needs of rural Ontarians, and did not take over rural policing until 1929. The challenges faced by the force in its early years, as well as issues of performance, leaves open for consideration the extent to which crime management in rural Ontario actually improved. iii For Holly and the kids iv Acknowledgments This topic came with some unanticipated benefits. Talking about crime with family, friends, faculty, acquaintances, archivists, and librarians seemed to always elicit genuine interest. People do love to talk about crime. Over the years I worked on this project, I enjoyed many stimulating conversations that had a direct and positive influence on my research. They provided encouragement, lots of ideas, and much needed motivation. I want to acknowledge the debt owed to my family first and foremost. My wife Holly had to endure my distraction and moodiness, and my children, Owen, Silas, Duncan, Malcolm, Finnegan, and Charlotte, a father who never paid enough attention during soccer, basketball, swimming and dance. But take heart everyone, we can now do a family trip to see the Donnelly graves! For putting up with me, and even more, for their encouragement and unflagging faith in me, I thank them. I probably never would have chosen such a fitting and fascinating topic without the advice of my supervisor, Ken Cruikshank. His guidance, insight and willingness to slog through early drafts full of cryptic and insensible prose was indispensable. I also want to thank John Weaver for helping me see the significance of criminal justice institutions. Few things crank me up like going to an archive or library. I want to thank the outstanding staff at the Archives of Ontario, the Archives at UWO, and the libraries at Laurier, Waterloo and McMaster. How wonderful it is that university research librarians are agnostic about helping PhD students from other universities. Finally, my love of history was inherited from my mom and dad, my siblings, and my in-laws. Because of them I can no more imagine a life without history than one without food and drink. For this I love and thank you. v Table of Contents Introduction ..........................................................................................................................1 Chapter 1: Crime and the Rural Community ..........................................................................................................................21 Chapter 2: Charivaries, Vandalism and Intimidation: The Limits of Rural Justice ..........................................................................................................................81 Chapter 3: Community Crime: Vigilantism and Social Control ..........................................................................................................................129 Chapter 4: County Constables, The Provincial Police, and The Slow Reform of Local Justice, 1855–1929 ..........................................................................................................................185 Conclusion ..........................................................................................................................249 Bibliography ..........................................................................................................................265 vi PhD Thesis - R. Manning McMaster University - History Introduction On a winter’s night in February of 1880, a group of over thirty men on horseback surrounded a log cabin on a farm outside the town of Lucan, just north of London Ontario. They were all members of a vigilante organization ostensibly created to end lawlessness in the area. The group included a justice of the peace, a constable, and other influential men of the community, all of whom came to settle scores with the Donnelly family. The men entered the home and beat to death three adult family members and a niece visiting from Ireland. A boy named Johnny O’Connor, who was staying there for the night, hid under a bed until he could make his escape. The vigilantes then set fire to the cabin and rode to another farm nearby where two more of the Donnellys were staying. They shot one of them dead as he answered the front door. The story of the massacre was reported around the world, buoyed no doubt by the irony of a vigilante murder taking place in the land of “peace, order and good government.” Although there were two trials of the Lucan vigilantes, nobody was ever convicted for the crimes. The only major witness produced by the Crown was O’Connor. Anyone else who might have given evidence was either in league with the vigilantes or too frightened to testify against them. 1 PhD Thesis - R. Manning McMaster University - History This fear was not unfounded: when Johnny agreed to testify, his family’s home in Lucan was burned to the ground.1 The murder of the Donnellys was one of the more violent criminal episodes in the history of Canada, the story of which is firmly established in popular memory and culture.2 It raises important questions about the kind of environment that would generate and allow such violence to occur. Were the vigilantes truly motivated by the many crimes of the Donnellys, and to what degree might religious, sectarian, political or other personal factors have been involved? Was lawlessness so severe in the community, and was the justice system so impotent that vigilantism was somehow warranted? These are questions of a local nature and specific to the case. More broadly, we might wonder about the nature of crime and law and order throughout rural Ontario at the time. The number of serious crimes that took place in the Lucan area leading up to the murders and the strength of the vigilante response were unparalleled. But other rural Ontario communities experienced criminal crises – albeit of a lesser nature – as well. How, then, did the province respond to sensational crimes in rural communities? In the late nineteenth and early twentieth centuries, the provincial system for administering justice in rural Ontario came under criticism from the press and from some local justice officials in the counties. The criticisms were in response to moments of criminal crisis occurring in the rural parts of “old Ontario.” The public learned about the 1 File #54, B4877, Donnelly Family Papers, J.J. Talman Regional Collection, University of Western Ontario Archives. 2 For an account of the Donnelly murders and the preceding lawlessness in Lucan, see Ray Fazakas, The Donnelly Album: The Complete and Authentic Account Illustrated with Photographs of Canada’s Famous Feuding Family (Toronto: Macmillan of Canada, 1977), See also William Butt, “The Donnellys: History, Legend, Literature,” (diss., University of Western Ontario, 1977). 2 PhD Thesis - R. Manning McMaster University - History crimes of violent groups and gangs mainly through the press. There were stories of sensational property crime, attempts at social control and, more rarely, communities taking the law into their own hands. These cases served up criticisms helpful for those seeking to modernize the system. Ontario, however, appeared to be a peaceable province, which moderated calls for improvement in the system. The province instituted minor reforms over a period of roughly seventy years and in a seemingly cautious and parsimonious manner. The slow pace of reform, and evidence of a system that functioned well under most circumstances, suggests the province had only marginal interest in reform. An antiquated system of rural constables, based on the English model of the county constable, gave critics a basis for advocating