On Sunday morning last at one o’clock High Constable Calverly and Constable Drew left here for Port Perry to execute warrants for the arrest of Wm. Lattimore, Thos. Trebell and Frederick Corbin.

On Monday at four o’clock a host of witnesses had been summoned and Police Magistrate Harper opened his court to hear the charge against the prisoners, which was of having formed a conspiracy to attack two Scott Act detectives at Myrtle station, John S. Dennin, one of the detectives, being the informant, J. E. Farewell and N. G. Bigelow conducted the prosecution, J. B. Dow and N. F. Paterson, Q.C., being counsel for the prisoners.

Jno. T. Dennin sworn--Came from Brooklin to Myrtle that night on the evening train, intending to go to Toronto. Saw prisoner at Myrtle station and also Brown. Brown is not here now. Identify Trebell and Lattimore in court. Of the prisoners present saw Trebell first. Spoke to me as I was coming out of the station with Brown. When I had gone out of the station and was opposite window I stopped. Brown asked me where I had been all day. I said at Brooklin and in answer to a question from them said I had been prosecuting Scott Act violators.

I then tried to get back into the station, as I smelled liquor on the breath of Brown and Trebell. Brown said “No, you ----, you are going with me. I had my thumb locked into my pocket, Brown drew a revolver and handed it to Trebell. Trebell pushed me and said “Go on” I grabbed hold of Brown’s pistol. Brown and I had a scuffle for possession of the revolver, Trebell grabbed me by the right arm, pushed me towards the building and commenced striking me over the head with a cane.

Brown clicked the revolver, but it did not go off. I drew my revolver, wrenched Brown’s out of his hand and held it until the scuffle was over. After I got Brown’s revolver he disappeared. I then examined Brown’s revolver and found either two or three charges in it. The next click would have brought a charge round to the hammer. I gave it to Inspector Stark.

Inspector Stark Sworn--Received the pistol produced from Dennin when he surrendered. Found it in same condition as at present. Am of opinion it had not been recently fired. Two chambers of the seven are loaded. It is twenty-two calibre.

Dennin resumed--The revolver produced is the one I gave Stark. I did not change its condition in any way, by removing shells or otherwise. Lattimore came up when Trebell ran away. Lattimore made a rush at me, but turned back suddenly. Some shots were then fired from the corner of the station. There were also other shots fired during the scuffle.

The shots fired from the corner were probably twenty feet away. This affair took place about seven o’clock in the evening. After the row I went into the station and saw McLean, Mulligan and others there. Asked Mulligan to inspect revolvers. The revolvers produced here are the same and in the same condition.

To Mr. Dow--Came into station from west. Smell of liquor was strong on Trebell and Brown. Didn’t know Trebell previously. Never fixed my pistol in my life. Nor did I Brown’s--or any other that night. I loaded my revolver about four months ago. I carried it along to protect myself if emergency should arise. No firing took place during the scuffle by either Brown, Trebell or myself. Did not see Brown fall.

J. W. Meharry--Knows Brown. Lent him revolver and catridges on Wednesday last. The revolver produced is not the one. Nor is the second one produced the right one. (The magistrate had twice tried him with Dennin’s revolver.) The revolver now produced (the third one) is the one I lent Brown.

T. Dancaster--Brown stays at my place. Was there last on Wednesday night. He left my house alone. A traveller came off the train that night who said two gents had been annoyed at Brooklin and had come to Myrtle. Corbin came over just then and after hearing the traveller’s story we went on to talk about the detectives’ letter asking to settle, both Corbin and I agreeing that we would not give a cent to have the thing settled.

I was afraid the fellows wanted to get the “double-cross” upon us. (Meaning that after being paid off he feared these “gents” would turn tail upon him.) There was talk of going to Myrtle to settle with the detectives, but I decided not to go. Brown volunteered and I said he could do as he liked. He went.

Richard Colmar--Am stable boy at Vernon’s Hotel, Myrtle station. Saw four men drive to the station the night of the affray. Brown was one. They got out of their rig and went over to the station. From their conversation I inferred they were going to take the detectives away. Thought the four men were police. Saw them looking in the west window. Understood from the talk that Brown was to go into the station and call the men out. Brown had a stick in his hand.

Nelson Griffin--Am stable man at Cann’s. A man whose voice I don’t know, but whose voice I believe was Burton’s, ordered the rig from the road. I drove the rig to the Oriental Hotel. Had intended to go but could not finally. I suggested that Trebell go in my place and he went.

Wm. C. McRae--Am engaged bringing up Scott Act offenders. Was with Dennin at Brooklin the day of the trouble. Heard enough at Brooklin to make me apprehend difficulty. So we were in a hurry to get to Myrtle. Saw Brown at Myrtle. He asked Dennin to come outside at the station. Brown had a rough cane in his hand. Dennin and I followed Brown and Trebell out. Did not hear the first three or four words spoken. Heard Dennin say he did not want any trouble.

Just then Brown passed his cane to Trebell, Dennin had thrown his hand back towards his hip. Both Brown and Trebell were between Dennin and the door. I was about one step from the door on the outside. Brown drew a pistol and put it to Dennin’s head after Dennin threw his arm back. Brown said “Don’t draw your pistol.” Dennin showed his empty hand to satisfy Brown he had no revolver out. Dennin grabbed Brown’s revolver with his left hand.

Saw Lattimore with a grey fur coat, and Trebell with a black fur coat. Trebell was striking Dennin over the head with the cane. Dennin called to me at the time he was standing stooped over to avoid Trebell’s blows and had his back to the east. Dennin’s call was to know if I could help him.

Don’t know who fired the first shot. Refuse to say who fired the second. Lattimore ran up part way, turned suddenly and ran back. Did not identify Corbin. After I interrupted Lattimore he ran back to the corner of the station and some shots were fired from there--perhaps two or three. One came very near the side of my head. Afterwards found a hole in my coat.

To Mr. Paterson--Live in Toronto, my business being to bring Scott Act “defenders” up. Have been in this business since last spring. Had made a tour of this county. Had never seen Trebell before that night. Saw him then with has hat down about his ears. In this court is the next time I saw Trebell. Heard no person say “shoot!" Did not know Dennin had a revolver on his person. Saw it in his satchel at Brooklin.

Brown passed the cane to Trebell before he drew his pistol. The pistol was pointed at Dennin’s head. Brown’s pistol was not lying loose in his hand, but tightly grasped and presented. Brown said “I’ll shoot you,” and “come with me,” during the conversation. That was just before the scuffle took place.

After Dennin got hold of Brown’s revolver he pulled him ten or twelve feet before he got possession of it. I had noticed parties at the corner of the building before this and had been keeping my eyes upon them. After Dennin had taken the revolver Brown ran away, Trebell let up and ran around the corner. The shooting was before I ran up to Brown, Trebell and Dennin.

Brown was between Dennin and me when the shots were fired, and was facing the west, Dennin was north of him and had hold of his right hand. There were several shots fired from the corner of the station, including the third shot, Trebell and Dennin were together when the third shot was fired and Brown had run to the corner. Trebell and Dennin were then east of me. Can’t say how many shots were fired altogether. Saw Dennin’s hat was bent when going into the station. Dennin showed the two revolvers to Mulligan.

Mr. Paterson raised a question as to whether there was a conspiracy proven or not, stating that there was no evidence of conversations wherein conspiring was done. Mr. Bigelow said it was unnecessary to prove the conversations. Mere concerted action was enough to prove conspiracy.

The magistrate decided to commit Trebell, Lattimore and Cogbin for trial.

CHARGE AGAINST DENNIN AND MCREA.

John S. Dennin and Wm. C. McRea were then charged with having shot George Brown with intent to do him grievous bodily harm.

[The evidence of this case will be given next week.]