Notes In 1905, Arnold Walsh, 14, arrived in Quebec, Canada, with a group of 43 boys (17 from Workhouses) from the Catholic Emigration Association, Coleshill, Birmingham, England, en route to St.George's Home, Hintonburg, Ottawa, Canada.
In July, 1905, Arnold Walsh came to work for James Kelly, of Masson, Quebec, Canada. Kelly had a farm and considerable property and Arnold was to work as a farm laborer. Despite James Kelly's obvious wealth and comfort, Arnold was forced to live and sleep in the barn.
He froze to death by February and was buried in a box too small for his crumpled up body.
After the discovery of his poor, wasted body, the autopsy showed he had been prodded with a pitchfork, was under-nourished and poorly clad and bruised, had severely frostbitten hands and feet, and a fractured skull. He lay on a bed of manure in his coffin.
The Coroner's inquest into the causes which lead to the death of Arnold Walsh resulted in the jury bringing in this verdict: "That the late Arnold Walsh came to his death as a result of cruel ill-treatment at the hands of James Kelly. We also demand the arrest of the said James Kelly for manslaughter and of the opinion that he should be taken before a court of justice to answer the charge against him. (Buckingham Post, 9 Feb 1906)
"The preliminary trial of James Kelly at Masson for ill-treatment of ... Arnold Walsh is over, and the following verdict has been rendered according to the Ottawa Citizen. ... James Kelly was guilty of neglect and ill-treatment of Arnold Walsh, and do hereby commit him to stand his trial at the next court of King's Bench. ... The deceased was under 16 years of age and Kelly was his legal guardian. ... The coffin in which Kelly buried young Walsh, as well as the clothing, were ordered sent to Hull. ... We have evidence of almost inhuman treatment of Walsh on the part of Kelly." (Buckingham Post, 23 Feb 1906)
At the end of the preliminary hearing, James Kelly was taken to Hull and jailed.
But James Kelly was not going to stay in jail long. "Until such time as the assizes are held at Hull this coming summer or autumn James Kelly is a free man. His advocate Mr. Yvon Lamontagne ... got his release Monday on $4000 bail. Kelly himself gave bonds of $2000, his father-in-law Mr. Kane and his brother-in-law McAndrew going security in $1000 each. (Buckingham Post, 2 March 1906)
Ottawa Citizen
January 9, 1907
PROGRESS OF KELLY TRIAL
Young Walsh Had Lung Trouble
DOCTOR'S TESTIMONY
Many Gruesome Details Being Brought Out in Evidence.
Yesterday's evidence in the Kelly trial, now before teh Hull court, revealed but little, and there is still much speculation as to how the case will end. The evidence of Dr. Belisle of Gatineau Point, who was one of the doctors who made an examination of the body of the deceased Arnold Walsh at the time of the inquest, was taken.
Dr. Belisle occupied the box for the greater part of the day. He testified to having found the lungs of the boy in a diseased condition. The boy, he thought, had at one time suffered from some lung trouble, as the base of each lung was found to have been affected and lumps were visible in several parts. The witness was unable to state at what time of his life the boy had suffered. It might have been only a few months previous or it might have been several years before his death. He could not say whether the deceased was suffering from lung trouble at the time of his death, but although the cause was gone the effects still remained, and the boy, he thought, must have been subject to violent coughing spells. In such a case medical attendance would have benefited him greatly, he said.
The witness was asked by the court if the marks on the body were, in his opinion, caused a very long time before death. He replied that it was very difficult to say, but judging by the appearance of the body the boy's vitality must have been at a very low ebb during the last few weeks of his life, and if such were the case a would would take a longer time to heal than if on a healthy and strong person.
The next witness was Mrs. Cassidy, a neighbor of the Kellys, who visited them about three weeks before the boy's death. She said that she had dinner with the family and had seen the boy at the table. She did not see Kelly show any signs of curelty to the boy but it appeared to her that the lad was afraid of the accused. She told of having advised Mrs Kelly to end the boy back to the home, where he would be better cared for. She remarked at the time, she said, that the boys fingers were bandaged up.
Mr. A Larose, a farmer living near the Kelly homestead, said that he attended the wake on the night after the death of the victim. He did not see the corpse as the lid had been screwed down on the coffee. He remembered having asked the accused if he knew from what illness the deceased had met his death, and he was told that the boy died of fits. He also asked, he said, if any physician attended him, but the accused told him that he had not called a doctor. He was also told that boy had been ailing since fall of the year.
Harry Ryan, a boy of about sixteen years of age, who was brought out from England by the Catholic Immigration society, and who is employed by a neighboring farmer living near Masson, told of being well acquainted with the deceased and the accused had met the former on several occasions at the Buckingham cheese factor. He was asked if he had ever seen the accused act cruelly towards the deceased. He replied that he was walking down the railway track to work at a neighbor's on the morning of December 4th, 1905, and while passing Kelly's house he heard Arnold Walsh, the deceased, crying in the stable and saw the accused come out shortly afterwards.
With the taking of evidence of the boy the court adjourned at 5 o'clock.
On January 19, 1907, James Kelly was found guilty of manslaughter in the death of Arnold Walsh. Kelly was sentenced to 7 years in the penitentiary at St. Vincent de Paul. Judge St. Pierre addressed Kelly as follows:
"...the way you treated that poor boy when he was unable to work and the way in which the body was found, leaves no excuse. We must treat those boys, who are to become future citizens, well. ... I do not see how you could have forgotten yourself, forgotten that the boy was far from home and that you were his protector." On October 18, 1907, James Kelly continued his abhorrent behavior. J. M. McDougall, the attorney who defended him, entered action in the Hull courts for $737, being his fees for conducting the defense. It appears that Mr. Kelly, when sentenced, did not pay his attorney and let the account stand. Not because Kelly was unable to pay, in fact his considerable property was being managed by his wife. The same wife that allowed this child to die such a horrible death and did nothing to stop it. No one in the community, in fact, including the clergy, reported the abuse to any authorities.
As was said in the Buckingham (Quebec) Post when reporting this horror: "...and may Arnold Walsh rest in peace."