Michael and Scholastica’s Story

The Tragic Death of His Mother-in-law

Here is the next record as we try and trace Michael and Scholastica’s life.

1843 Lot 77 - 80 acres - executors of Abraham Erb to Michael Huber.

Michael owned his first piece of Canada! He in fact was the first real owner of the land.

Lot 77 Michael Huber bought in 1843.

No 173 – A memorial to be registered pursuant to the statute in such case made and provide of an

Indenture of Bargain and Sale made the eighth day of April in the year of our Lord One thousand

Eight hundred and forty three by and between Jacob E Snider and Samuel Erb both of the

Township of Waterloo in the County of Waterloo in the district of Wellington and Province of

Canada Yeoman Executors of the last will and testament of Abraham Erb late of the Township of

Waterloo aforesaid yeoman deceased of the first part and Michael Huber of the same place

yeoman of the second part whereby the said party of the first part for and consideration of the sum

of fifty eight pounds of lawful money of the province of Canada to them in law paid by the said

party of the second part the receipt whereby is acknowledged did give and bargain sell alien and

assign, transfer release enough convey and confirm unto the party of the second part his heirs and

assigns all that certain parcel or Tract of land situate in the Township of Waterloo , District of

Wellington and Province of Canada Containing by measurement Eighty acres be the same more

or less composed of lot number 77 in the Dutch Company Tract in the Township of Waterloo

aforesaid and may be more particularly known and described as follows that is to say

Commencing at a post planted on the West boundary line of said lot adjoining the land of John

Toasting thence north sixty four degrees and thirty minutes west nineteen chains and seventy two

links to a post Thence south sixty four degrees and thirty minutes west forty chains and fifty seven

links more or less to a post Thence south twenty five degrees and thirty minutes east nineteen

chains and seventy two links more or less to the place of beginning To have and to hold the said

above granted premises with all the privileges and appurtenances thereof to the said party of the

second part his heirs and assigns to his own use forever which said Inductor to witnesses by

Jonathan B Bowman of the Township of Waterloo of Province aforesaid Yeoman and Daniel

Snider merchant of the same place and this memorial thereof is hereby named witness my hand

and seal the eight day April in the year of our Lord one thousand and eight hundred and forty

three

Signed Sealed with presence of

J B Bowman

Daniel Snider signed Michael Huber

Source Book # 70 U of W Rare Book Room , Folio 689 Memorial 53

So we see on 13 April 1843 Michael had found a neighbour Diebold Waechter was

willing to give Michael the required cash and hold the mortgage so Michael could purchase lot

77 for £58. His down payment in cash was £5, 4 shillings, cash in his pocket was about $24.96 at

that time. The mortgage was £52 16 shillings @ 6 % per annum. April 13 1843 Registered

April 15 1843 at 9 o’clock a.m. Converted to dollars at that time would be $253.44 for the

mortgage. Interest for one year $15.21 Total cost for 80 acres would be roughly $293.61 back in

1843. It does look as though Michael was on the land early on holding a “Location Ticket” -

basically a squatter’s rights type of arrangement. That land in 2003 is selling for about five or six

thousand per acre.

Michael paid the mortgage off on May 11, 1844 to Diebold Waechter and the same day

sold Lot 77 to George Schiebel for 200 pounds. That would be with the improvements he had

made to the land, so it is not clear profit. £200 @ $4.80 at that time would be about $960.00. At

today’s exchange about half of that or $480.00, but we do not know just what all you could buy

for one dollar way back then, to give us the true picture of this.

It sure looks as though the hard work has paid off for Michael. I wonder what happened

to Sebastian, Michael would have had to share the profit with him, after all isn’t that why they

formed “Hoover and Company?” I think Sebastian also moved out of the area at this time.

An interesting note about taxation before 1850, if unhewn log houses or shanties had

only one fireplace settlers could continue to live in them without being taxed. Many a family

continued to live in their log cabins for that very reason.

In September of 1843 William Walker had completed surveying Wellesley Township and

the population was 254 inhabitants or squatters. The following spring Michael and family settled

very near the crossroads in Bamberg, on Lot 3 Concession 4. If you are coming from St. Agatha

into Bamberg turn right at the main intersection on Weimar Rd and proceed to the top of a big

hill and Lot 3 is on the crest, the # 3725 would be near the land. Bertha Kieswetter (a descendant

of Rufina and John Kieswetter) showed me where it was in May of 2002.. There was a one and a

half storey log house down a lane where the Hubers and later the Kieswetters lived. It was torn

down quite awhile ago. Bertha says she worked in that old log house for her Aunt when she was

a young girl. I saw it last Sunday (march 2003) reconstructed by Ken Kieswetter of Timeless

Materials. It is now near Elmwood Ontario. It is a cosy looking log house with a full porch

across the front and a gable in the roof. Michael and Scholastica lived and died there.

I have not found the document but Michael did have a ‘Location Ticket’ for Lot 3 Con 4.

There had been squatters in some areas previous to that, some were Negroes. So perhaps there

was even a crude log house and some of the land was cleared for crops by the time Michael

arrived there in May of 1844. He would still have time to get crops planted so they would have

food for the next winter. Another son was born on August 7th that summer on their new farm and

he was named Michael, after his father. Two years later on a dark cold Nov 19th 1846 another

son was born they named him Louis Sebastian. Three years after him arrived the only other little

girl, Mary Ann on March 13th 1849. Michael and Scholastica have six children, a fine family.

“Many mouths to feed” and much work to be done. It only took four large logs to bring the wall

to the right height for the first church.

The SS # 9 a separate school was built by 1857 so his younger children and

grandchildren did attend there as the names in that register were Huber, Kieswetter and

Kroetsch. The first book of records in 1859 was written in fine sophisticated handwriting in old

German script and was signed by Johannes Moser and Johann Kieswetter, (this John Kieswetter

was Rufina’s husband, Michael’s son-in-law who was living on the same farm.) There are three

old record books in existence that I would very much like to see. SS# 9 was known as a

boundary school as the children belonged to St Agatha and to St Clement’s parishes. Twenty

years later a new school of brick was built. Mrs Olive Huber/Moser recalled her days of school

there beginning in 1907 and said they still spoke German in school until one year they had an

English speaking teacher and then she learned English, but with family and friends it was always

in German she said.

Olive’s home is the log house I took a picture of as it was being

dismantled by Kieswetter’s Timeless Materials. It seemed to have a past

associated with it as we walked around it, you could smell that very special

smell of old wood and olden days. I even thought I smelled food cooking! It

did have a feeling about it, like hauntingly quiet whispers of the past.

My photo even has a shadow in the upstairs window that looks like a person,

at least to me it does. It really is a reflection of something in that old wavy

glass pane. Do you see someone looking out of the window upstairs on the

left side?

 

 

Now back to Michael and Scholastica and their busy family.

Scholastica probably received a great deal of help from her mother Rufina in the everyday

chores of providing for her young family of six children. The eldest daughter, Rufina who was

named after her grandmother was already 12 years old and likely helped out too.

Her little sister Mary Ann was three months old and would be having fun being carried

around by her big sister. They had been living in Bamberg, Wellesley Township for five years

already, in that one and a half storey log house. I wonder if Scholastica ever heard this following

lament and if she did, did she recite it? Did she agree on some days?

I’m sure if I were free again, I’d live a single life

And not be such a simpleton as to be someone’s wife.

This was a popular women’s lament in the 1850’s and I can see why!

It was July 1849 and a ‘heat wave’ had been going on for a few days with no relief in

sight. Maybe it was just too hot to work and Michael took the day off with his jug of whiskey.

He apparently stayed with it the entire day of that very hot 11th of July 1849.

During this hot sultry weather Scholastica’s mother Rufina Graf died on the 11th of July

1849. On the death record I saw in St. Clements church records, was written under the ‘cause of

death’ that she was “struck with a piece of wood.” She was sixty-eight years old. I thought it

sounded odd but there was no more information than that. Where did the piece of wood come

from? Just fall out of the sky? The word ‘struck’ made me think it was not an awful accident, it

was driven by force but I didn’t think I would ever know the story.

The next puzzle was a “Quit Claim” of August 1st 1849 for Lot 3 that Michael had just

bought in 1844.Why was the “gaoler Robert Dunbar at Guelph” a witness to this document?

Why did he sell so suddenly? Why did he sell for only 50 pounds? What about his crops in the

fields? It was very soon after Rufina’s death. I was getting suspicious.

Here is a copy of that Quit Claim document.

Quit Claim 1849

Registered the first day of August 1849 at two o’clock P.M. upon the oath of Solomon

Kauffman, H.M. Peterson Registrar

A Memorial to be registered of a Quit Claim in the words following: Know all men by those

presents that I Michael Huber of the township of Wellesley in the Wellington District, Labourer of

the First Part, doth give, grant and sell unto Daniel Snyder of the Township of Waterloo in the

Wellington District, Merchant of the Second Part for and in consideration of Fifty Pounds of

Lawful money of the Province of Canada to me paid in hand the receipt whereof I do hereby

acknowledge have given granted and sold and by these presents do give grant and sell unto the

said Daniel Snyder all my right, title and interest claim and demand both at Law and in Equity, of,

in to and out of All that parcel or tract of Land and Premises containing One Hundred Acres be

the same more or less, situate in the said Township of Wellesley being composed of the West Half

of lot number Three in the Fourth Concession for which I now hold a Location Ticket from the

District Agent together with all my improvements thereon to the intent and purpose that said

Daniel Snyder may hold and use the said premises, or dispose of the same as he may think proper

In witness whereof I have hereunto set my hand and affixed my seal at the town of Guelph this first

day of August one thousand eight hundred and forty nine

And which said above recited Quit Claim Deed, as the execution thereof by the said Michael

Huber is witnessed by Robert Dunbar of the town of Guelph in the Wellington District, Gaoler and

Solomon Kauffman of the village of Waterloo in said District , Merchant Clerk, And this memorial

thereof is hereby required to be registered by me the said Daniel Snyder therein named. As witness

my hand and seal this first day of August in the year of our Lord one thousand eight hundred and

forty nine

Signed and Sealed in the

Presence of

Solomon Kauffman signed Daniel Snyder ( Town Warden Township of Waterloo)

A M Jackson

Source: University of Waterloo Library, Rare Book Room, Book #407, Folio 1, Memorial 1221

Michael held a “Location Ticket” for Lot 3 as said on that ‘Quit Claim” document which

would allow him, as an authorized grantee the right to occupy a specific parcel of land, namely

Lot 3, if he occupied it within 30 days of obtaining the Ticket, built a house at least 18 X 24 feet

and cleared 12 acres in four years, he would receive a patent [title or deed] to that land. It looks

like after about five years of improving the land by clearing and cultivating and constructing

buildings etc. he let all this go for a mere 50 pounds, it hardly made any sense at all. But the

1851 Census had a “clue” for me.

Census 1851 (copy from KOL microfilm)

Michael Hover - farmer- born Germany- Catholic- and then under heading “residence if out of

limits” it says “Penitentiary” I didn’t know what that could mean. It also says members absent

one male. So Michael seems to be in the “pen”, not at home! His age is 42.

Celesta Hover (note she is not Scholastica any longer, her mother passed away in 1849,

when struck by a piece of wood, and now her daughter changed her name, maybe she never did

like her name, or modernized herself, or maybe that “Census Taker” misunderstood her, I don’t

know) Her age is 41. Their children are listed as: Rufina, 15, who was no longer attending

school. Christian, 13, Joseph 11. Michael 8, who were all in school. Sebastian 5, and Mary 3.

Mary was called Marianne, and she and her brother Sebastian were still at home with

Scholastica/Celesta. Their home was a one and a half storey log house with only one family

living there, and I am wondering how, if Michael had sold it by ‘Quit Claim’, Scholastica and

her six children managed to be still living there and how they kept the farm running as well as

keeping body and soul together in Michael’s absence. [ I checked land registry but didn’t find

any further transaction]

Christian was 13 years old but still a boy, but most likely was made to ‘earn his keep’ as

my father would say. Rufina was 15, and I wonder if John Kieswetter who came to Canada in

1849 with two brothers as newly arrived immigrants from Germany had worked as a “taglohner”

for the Hubers. Tag in German is “day” - loaner, so day labourer, loosely translated. I do think he

worked for them, but he is not with them on that census. How else could they manage? He and

Rufina were later married in 1857.

Well, “penitentiary” indeed as stated on that 1851 Census! I tried to find out the meaning

of this. Was Michael under a contract to build this jail, after all his trade was ‘stone mason’ or

was it already built and he was in it? I contacted the Ontario Archives and learned the whole

story. He was charged with murder on July 14, 1849, three days after

Rufina was ‘struck with a piece of wood” and died.

Then I searched the newspapers of that time and here is the story

as it appeared in the Berlin newspaper “The Deutscher Canadier, July 20,

1849." Printed in German at the left of this page, and below is the

translation.

‘An unfortunate affair took place last Wednesday in Wellesley

Township, not far from the Catholic church, whereby a man, Michael

Huber by name, a brick-layer by trade, took the life of his old mother-inlaw

as the result of an unfortunate blow. At the coroner’s examination,

carried out the following day by Dr. Scott, it was indicated and testified

that Huber had for some time been a slave to drink and behaved like a

true monster toward his family. That’s the way it was on this day as well,

as he drove his wife, children and mother-in-law out of the house several

times. The old lady, towards evening, locked up the whiskey jug in her

own chest, whereupon he grabbed the axe and broke the chest open; she

then stormed into the house again to save her chest. He chased her out

again, and threw a log at her with all his strength. He struck her with it

with such force on the head above the ear, that her skull was split open

and this led to her death eight or nine hours later.

 

 

The body had already begun to decay badly because of the

extreme heat at the time, so that the coroner and jury had a truly horrible

task before them. The corpse was so swollen that it wouldn’t fit into the

coffin, and therefore a larger one had to be made. The jury gave its verdict of “guilty of murder,”

and the perpetrator was handed over immediately to the prison in Guelph.

What responsibility do those not bring on themselves who continually provide the truly hellish

fire-water to those unfortunate slaves of their passion, merely for cursed mammon’s sake? Such

events are also warnings, or at least, should be. For women, just as they demand that men should

deny their tongues thirsting after whiskey the fiery beverage, so should they apply a bridle and

bit to their own tongues. For many an otherwise well-meaning man has become a drunkard

because of the god-less, poisonous, unbridled tongue of his wife, to the ruin of the entire

household. We do not intend to say, however this was the case in Huber’s family; oh, no, but

other situations have brought us to these comments.’ Translated from German by Patricia J. Kauk

The Deutsche Canadier publisher owner was Elias Eby (1810 - 1879) second son of Bishop Benjamin Eby and I

wonder if he himself wrote this article. Who ever wrote the story sure put the women down.

Michael was discharged from the Guelph jail on September 24th 1849.

I have a copy of the page in the Guelph jail records, it says he showed good conduct, was

married, and was intemperate - (he drank) He was able to read and “wright” imperfect, meaning

he could at least read and write a little. To be free less than three months after being found

“Guilty of Murder”, by a jury did not seem possible. So more research was needed.

The National Archives in Ottawa found Michael Huber in a book but not a lot of

information on the record. I had been hoping to find his place of birth or his parents names.

Here are the crimes and length of sentence for the page Michael was on in that record

along with three others;

#1 Larceny - term 3 years,

#2 Stabbing with intent - term 4 years.

#3 was Michael Huber - manslaughter term - 4 years,

#4 Obtaining goods under false pretences - term 3 years.

Considering the terms and offenses for those charged on the same day, Michael must have been

showing he was a good man if he was sober! He was getting off pretty lightly I think. Four years

at hard labour and the charge had been changed from murder to Manslaughter at the court in

Hamilton.

Here is what is written on the upper half of that page from the National Archives in

Ottawa.;

“At a court of Over and Terminer and General Jail delivery begun and holden at

Hamilton in and for the District of Gore on Tuesday the twenty fifth of September 1849 before

the Honorable John Beverley Robinson and his associates, the persons whose names are

underwritten were severally convicted of the offences set opposite to their respective names, and

were severally sentenced on the days mentioned in a column opposite to the name of each person

respectively to be confined and set to hard labour in the Provincial Penitentiary for the term of

time set down in each case opposite to the name of the respective prisoner.”

The date of sentence for all four of them on that record was 8th October 1849.

It was signed J.B. Robinson

Michael left for Kingston with these men. One had four years “to do”, they travelled together on

the trip.

“A Penitentiary as its name imparts should be a place to lead a man to repent of his sins and amend his life.”

- Province of Upper Canada, House of Assembly, Journal 1826

I wonder if Michael’s first train excursion was the ride from the Guelph Jail to the

Hamilton Jail? I imagine he then went from Hamilton by train to Kingston in October to begin

his term of four years at hard labour. The convicts were delivered under escort of their respective

local Sheriffs. I wonder if Michael was able to enjoy the beautiful scenery as they made their

way east through the countryside. Did he even notice the brilliant autumn colours of the trees

and the crisp blues of Lake Ontario from the west end of it to the eastern edge at Kingston. I

wonder if he was worried about how things were going at home. I wonder if he was heartsick

and homesick for his family. The Curator at the Kingston Penitentiary Museum in Kingston told

me it was more likely he travelled by stagecoach or since there was a wharf in those days it

could have been by boat. I do not know, but one’s first train ride does sound exciting doesn’t it?

So Michael was on his way up the river to meet with about 450 other ‘residents’ at the

Provincial Penitentiary of Upper Canada. At that time it was also known as Portsmouth

Penitentiary as well as the Kingston Penitentiary. It was the 16th of October 1849 the day he was

“received” to take up residence in cell Number 20 in the North Wing, this would be his home for

the next four years. A very different life was about to begin. The building was made of limestone

which the convicts helped to build. The prison wall was originally a 12 ft high wooden fence but

by the time Michael arrived a stone wall which is still there today was already in place.

First thing he experienced was being stripped of his clothes by convicts supervised by the

Deputy Warden, his body was thoroughly washed, cleansed, his beard shaved, hair cut short and

then dressed in prison garb [this may also have happened earlier at the jails in Guelph or

Hamilton].

The winter woollies were brown and yellow and the lighter summer clothing was white

and drab cotton or linen. Any money was handed over and recorded. Next he was taken to the

clerk’s office where information regarding his birth place, physical description, trade or

occupation were recorded in the Prison Register, which unfortunately was destroyed or lost. That

is really unfortunate as it may have told us his actual birthplace in Germany! Then after a brief

admonition he was escorted to his cell, given two blankets, two coarse sheets and for cold

weather a straw ‘mattrass’ and an extra blanket or rug.

The cells were made of strap iron not bars and each cell was just 8 foot deep 29" wide

and 6.7" high. The hammock or stretcher took up most of that space and his ‘night bucket,’also a

wash tub/basin and a coarse and a fine tooth comb were the only other things in there. There

were pegs on the wall to hang their day uniform to air out overnight. No lamp or table. “Candle

lamps” were placed along the corridor which was a high wall enclosing a central inspection

corridor for the guards, this separated the two rows of cells so the convicts could not see each

other. There were no windows to look out of. A Bible was provided for anyone who could read

and wanted one, but the light was too dim to read it anyway. The cells were said to be cold and

damp and remained that way for sixty years, from 1835 until renovations in 1895 - 1908. Even

though these ‘accommodations’ were rooms with a beautiful view on the waterfront of the

eastern edge of Lake Ontario and the beginning of the mighty St. Lawrence River, life there was

no picnic, and remember no windows either! It was intentionally made harder than the harsh life

they were accustomed to on the ‘outside.’

The inmates were not allowed any contact whatsoever with family or friends, no visits or

letters even (remember the phone had not been invented yet). They did allow visitors to go

through on tours and the staff suspected family members did that to catch a glimpse of their

loved ones. The prisoners were not allowed to look in the direction of the tours. It seems unlikely

that Michael ever saw or heard from his family in his four years there. Strict rules were strictly

enforced. For instance, upon arising in the morning until lock up at night, silence was enforced.

No one was allowed to even smile or nod, whisper or sing or dance! (not that any one of them

would want to) Or to even wink. One resentful thing they were able to do was direct controlled

flatulence without being punished. It was not written in those strict rules!

The cat o’ nine tails known as “the Cats” was used liberally and being given only bread

and water and put in darkened cells were two more forms of punishment. Michael escaped ‘the

cats’ but on two occasions he had meals of bread and water as punishment. The first was six

months after being ‘received’ it was on 6th of April 1850 reported by Guard Richard Nursey, for

“Talking in the East Wing while convicts marching out to buckets.” Punishment = 2 meals bread

and water. The ‘crime’ - Apparently he had been talking to convict Charles Masterton. In those

days , the inmates were subject to strict rules of silence. They were not to speak to each other for

any reason.

Here is what ‘marching out to buckets’ is all about. It is the routine each morning

wherein the inmates carried their night buckets [used as toilets] out to the bucket ground at the

South end of the prison yard where they would be dumped for composting, then rinsed and

refilled with fresh water.

The buckets would be numbered to each cell and would be left outside during the day to

air. At the end of the work day, they would retrieve their buckets and return to their cells, with

their supper kit in the other hand.

The coming and going to the bucket ground was done in single file and lock step, but not

in chains. They marched close together with heads inclined in one direction so as to avoid eye

contact with each other.

The second time he was punished was in spring the following year on April 26th 1851.

He was one of three inmates reported by Guard John Rowe for “Laughing and talking at their

work in the kitchen.” Probably they were able to make eye contact while working peeling

potatoes or something and the temptation to talk was too great. Apparently eye contact in

humans triggers conversation. So most situations avoided that temptation by not letting them see

each other’s faces. The Two of them, Michael Huber and Elias Breckenridge were sentenced to 3

meals bread and water for that one. The third Charles Doherty was admonished. These were

relatively mild offences the Museum Curator told me in November 2002.

We know a good laugh is good for the soul, so I am glad Michael found something to

laugh about and lighten his day in the kitchen. Apparently he did not mind too much the bread

and water punishment he said. This is how the kitchen was run, one of the inmates would be

appointed Chief Cook and was up early to light the fires and get breakfast cooking.

The inmate crews were organized in their appointed duties, preparing inferior but

wholesome food which had to be carefully measured out or weighed for each portion on the

plates - ration kits- they were called. If a convict did not care to eat all of his portion he raised

his right hand and if someone wanted more to eat he raised his left and the waiter would dump

the remains of one onto the plate of the one still hungry. Oh yummy! They were seated at one

side of long narrow tables so they faced the backs of the prisoners on the next row. All their shirt

backs had “P P” stamped on them for “Provincial Penitentiary.” There was no eye contact and

remember silence was strictly enforced at all times. I bet they made lots of noise banging their

plates and cutlery while getting away with mumbling under their breath to nearby mates!

It seems things were kept clean and neat, fresh clothes, sheets etc were available when

they were deemed needed. Floors scrubbed, and walls were whitewashed by the inmates of

course. Bathing occasionally when weather was warm, otherwise they had to wash their feet

frequently and their face and hands daily before lock up for the night. Wednesdays and

Saturdays everyone was shaved - - - by the younger inmates I heard. Isn’t that a bit scary?

Instruction was given in the shops so the new inmates learned to do the various trades

and tasks well. I wonder if Michael did much in the line of stone work? I wonder if he taught

others the trade. Out of it all he could have bettered himself from the early days of “Wrighting

imperfect” as stated on his Guelph Jail Record. There was a teacher Mr. James F. Gardiner

employed at the Penitentiary on May 10th 1852 and he wrote his synopsis for the end of the year

December 31st 1852. Apparently when he arrived the prisoners were instructing each other

during classes with as many different books as ‘students’. He organized them and moved the

classes to the West Wing, and at 6 a.m. in the summer months held class until breakfast at eight

and from 830 a.m. until nine except Sundays. Another class was held at noon and for a short

time in the evening. In the dead of winter it was too dark at most times to accomplish much but

the convicts in general were enthusiastic about their education.

It was also too dark in their cells to read before bed time. There was not a proper

classroom with sufficient light and sometimes they had to do their lessons while men were

working in the blacksmith shop making lots of noise.

Mr. Gardiner also assisted the Protestant Chaplain in the “Sabath school” which contributed both

to the health and morals of the convicts. When Michael was asked at his ‘Liberation’ whether

any communication went on between convicts during the time they were taught in their different

classes, he replied “they do.” So it looks like he did attend classes otherwise he would not know

this.

Sundays were not really a day of rest for them. Remember the saying “no rest for the

wicked”? I am not sure where that came from but here is how their Sundays went. The day

began as usual. After the ‘marching out to buckets’, they marched around the grounds for their

fresh air and exercise and then were locked in their cells until at 11 a.m Divine Service was held

and Holy Mass was held for the Catholics. They were marched to the Chapel and faced the

Chaplain but not each other, again no eye contact. The ‘Keepers’ were stationed around the

chapel so as to see each man’s face and demeanor. No singing was allowed either. How awful.

Immediately after Service they marched to a place where their kits of rations were set out, this

was their food from noon on Sunday until Monday morning. They picked them up and their cans

of drinking water to carry back to their cells. If they spilled their water or required more a guard

was allowed to give them more through a funnel in the grating of the cell door.

They were not allowed to lay down during the entire day, but locked in that tiny space.

Nothing to do, nothing to look at, nothing to look forward to, except maybe their day of release.

Even that thought would not be pleasant for them as they were shunned by society. It would be

difficult for them to find work so many of them would steal for food and end up back in once

again. Michael would be wondering if his family would let him back in the door I’ll bet. I

wonder if he worried about how they were managing to keep alive. Most likely he did.

Michael had arrived the fall of 1849 and in 1850 a fire broke out in the Penitentiary, so

Michael was there, he could have told us this story. Apparently the prison depended on Kingston

town for help as they didn’t have their own fire brigade. The town fire brigade did not respond

claiming they had not heard any bells ringing, which was true. The Kingston town hall and the

local churches’ bell ringers had not been paid by the Penitentiary and would not pull that rope

until they were paid! I don’t know how serious that fire turned out to be. Michael would have

known about it though. Would the convicts have had to use the contents of their ‘night buckets’

to put out the fire?

Well the big day was nearly here, it was Thursday October 6th two days before his release

on Saturday October the 8th 1853 and he was answering his ‘Liberation Questions’ usually done

by the Chaplain. Since he was ill, Warden Donald Aeneas MacDonell was in charge. Here are

some responses by Michael, he did not know his height but said he weighed 170 lbs. He felt ‘the

cats’ were the best form of punishment to deter prisoners. When asked if he thought the strict

discipline and hard labour was enough to deter convicts from further commission of crime,

Michael said “he thinks so”. When asked what he thought was the greatest hardship Michael

replied, “the long confinement.”

When questioned if the treatment of convicts was harsh or inhumane, Michael said, “he

cannot say he was treated well.” When asked in what manner in regard to your moral and

religious duties were you brought up by your parents? He replied “Well.”

He also said, “he was not guilty of anything prior to the crime for which he is here.”

The other questions were mostly about creature comforts, ie. clean clothes, enough

blankets, being looked after during illness, size and warmth of cell, and did you arise from bed

or go to bed sooner than you wished? He was not complaining about any of those. But there was

a note on Saturday October 8th his release day. “ . . . Saw convicts Huber and Freeman before

going out, the former complained that he had been abused by Mr. Mostyn without cause.”

To clarify, Mr. Mostyn was the Kitchen Keeper. No details relative to the accusation are

given. Michael Huber was not well treated “on his way out.” I wonder what happened? He had

the same travel companion he had on the way in . . John Freeman/ Froman who did the stabbing

and got four years as well. He was on the same document as Michael. Each was given a decent

suit of clothes and one pound of English currency to get back home.

Many changes occurred along the country side. The population had grown to 3,000 in

Wellesley township by 1851.

I wonder how those four years went for him. Did he miss seeing his family grow up? Can

you imagine how much those six children would have grown in four years? Did he worry about

them? Was he sick and weary? Did he dare hope to see a ‘yellow ribbon ‘round the old oak tree’

when he came back home, . . probably unannounced? He could not call ahead to say he was on

his way. Scholastica maybe did not even know where he was. She may have been quite

surprised. She did let him in the door.