1
Crime and LawBack in 1858 Yale was a real, live 'Wild West' town in the frontier of British Columbia. Miners came to the Fraser River Gold Rush from all over the world, and more than 30,000 of them stopped at or passed through the town. Every sand bar was full of prospectors, hotels and saloons lined Front Street, and there was lawlessness everywhere. Robberies, murders and claim jumping were an everyday occurance.
It took strong, brave men to bring law and order to this wild place, and here are the stories of some of them, as well as some of the criminals they dealt with.
2
Judge Matthew Baillie Begbie1859
Victoria, B.C.
3
Sir Matthew Baillie Begbie1819-1894
B.C.'s Legendary Judge
Judge Begbie exists today as a man of rumour, myth and legend. Yet, he existed, he once roamed the hills and rode through the canyons administering justice that at times may not have been legal, but it was fair. He adapted to the necessities of the New World and made up laws as he went along. In this respect he was able, as a man alone, to impart justice and maintain order in a colony filled with miners, native peoples, Chinese, Americans and a worldwide mix of people so diverse that it was bound to cause havoc.
Begbie would not arrive in British Columbia until he was 39 years old. He was selected by the colonial secretary and commissioned by Queen Victoria to be the judge in the Colony of British Columbia. He would build for himself a formidable reputation; standing over six feet tall and well built, he was known to browbeat the jury when he felt they had made the wrong decision.
"In profession he was supposed to be a lawyer though he knew little law. In status he was judge the first ever seen in these regions." 1
Governor Douglas knew that he needed someone who could administer law throughout the colony and prevent the possibility of feuding, especially between aboriginal people and miners.
Begbie had muddled through college, obtained his law degree, and was still without great prospects at the age of 39. His prestigious degree had only led him to report at court for the 'Law Times'. Surprisingly, he proved to be the ideal candidate to preside over the new colony.
Traveling throughout B.C., "often his judgments were written under canvas. Sometimes he would scribble a court order, in his wretched spelling, while in the saddle. But, his writ ran through Cariboo and he was seldom far behind it." 2 Begbie operated on the principle of justice more so than law and with the lack of lawyers in the young colony to contradict his judgment his ruling was complete.
His greatest frustration was often the jury, many of who were willing to let a man get away with murder. This would frustrate the judge and he would often point out the folly of their ways, but in the end would have little choice but to comply with the jury's decision.
Perhaps it was his apparent willingness to hang people that he earned his reputation as the 'hanging judge,' despite the fact that he only imposed a few of these sentences. "The legend is exaggerated. Begbie in fact was a merciful man under all his bluster, always suffered remorse when he sentenced a man to death, and kept a chaplain by his side for moral support when he could not avoid this sentence." 3
In his travels Yale was a prominent destination and he would often spend a number of days there. While in the area Begbie made a ruling that would place a prominent mark on the application of order in the new colony. When two Native men were accused of murdering an American miner Begbie decreed that they 'could not place an Indian on trial for murder unless they found hard evidence, not just suspicion." 4
Begbie's ability to deal with the growing colony paid off and it has been claimed that it was the efforts of primarily Douglas and Begbie that enabled B.C. to remain a British colony and not become swallowed into America's spreading borders. 5 As B.C. became civilized, Britain's authority gradually gave way to a new democracy that was emerging in the colony. 6
Despite these changes Begbie would go on to become the Chief Justice of British Columbia and would retain this position until his death in 1894. His efforts on behalf of the colony, and the province of British Columbia, will be forever entrenched in history.
Judge Begbie never married, and his estate was left to his family (brother, sister & cousin), friends and other relatives.
1 Hutchinson, Bruce. The Fraser. Vancouver: Clarke, Irwin & Company Ltd, 1950. Pg 115.
2 Hutchinson, Bruce, 119
3 Hutchinson, Bruce, 120.
4 Williams, David R. "…The Man for a New Country: Sir Matthew Baillie Begbie." Sidney: Gray's Publishing Ltd, 1977. Pg 45.
5 Williams, David.
6 Hutchinson, Bruce.
4
The old School House1860
Yale, B.C
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Joseph BurrProbable Ancestor of Actor Raymond Burr
Promoting a Dream
The life of Joseph Burr is a sketchy one at best. His name shows up in Yale directories and newspapers, but his life remains a mystery. He was a prominent member of the town, taking an active role in the advancement and well being of Yale, but what became of him remains a mystery.
For us his story begins in Dublin, Ireland, we do not know whether he was born there but we know that that is where he was married. He married Elizabeth Harford in January of 1846. She was the daughter of Thomas Harford, a local farmer. Joseph's father, Benjamin Burr, was also a farmer. Joseph, however, aspired to different goals, as at the time of his wedding he was a sergeant in the 62nd regiment, residing in the county of Kilkenny.
Joseph served with his regiment for 21 years, upon his discharge he was a Sergeant Major. While living in Ireland Joseph often dreamed of moving his family to the young colony. In a letter to the Governor, dated July 1864, Burr describes his first attempt to come to B.C.: "Pending my discharge from the service I applied to the Secretary of War for passage for myself and family to British Columbia to become a settler in that colony which was not granted owing to the expense being too great from Halifax. I then accepted the situation of (?) and also undertook the request of Major General Trollope, Commanding there, the instructions of battalion at St. John [New Brunswick] until my means enabled me to pay my own and family expenses."
The above letter was sent in an attempt to secure employment within the government and may have helped to obtain his position as the first schoolmaster in Yale in 1866. It is not certain how long he remained as schoolmaster, although there are school records pertaining to his employment until 1867.
In November of 1848 Joseph and Elizabeth had a daughter, Agnes. Agnes would have traveled with her parents to the Colony of New Caledonia. Agnes married Doctor Jacob Edwin Browse in 1866, while residing at Yale with her parents. At this time Joseph was the schoolmaster of Yale.
It was around 1867 he started applying for the position of Chief Constable of Yale, having reason to believe that the position would become available. The letter, dated April 8, 1867, reads "I am induced to hope in consequence of my long and faithful service both in civil and military capacity, that his Excellency will favorably consider my application." 1
Following two more letters and a favorable recommendation from Edward Sanders, gold commissioner in Yale, he received the letter stating that he had the position of Chief Constable and Postmaster at Yale in March of 1869. The letter was brief, outlining salary and a mention that further instructions were pending from Mr. Peter O' Reilly.
Records show of him applying for land entitlements, and given his background it can be hoped that he eventually received one. The last record is dated April 26, 1871 in which he makes another bid for land, ending with the plea that "it is my intention to make this colony a home for myself and family and if the governor will please grant it it would be of very material assistance to me." 2
Joseph Burr and his wife Elizabeth may have eventually moved to New Westminster, where there is a record of one Joseph Burr who died in 1913. There are records of other Burrs, including Joseph William Burr, most likely their son as his place of birth is Ireland, residing in Yale as a saddlemaker. Later there was a Joseph Burr listed as collector for Yale in the B.C. electoral voting list until 1903.
It is hard to determine whether Joseph Burr ever secured the dream of farming land in the new colony. But, he did bring his family to the growing colony and here they were able to make a life for themselves.
1 - Joseph Burr, personal correspondence to A.N. Birch, Colonial Secretary in New Westminster. Yale and District Historical Society Archives
2 - Joseph Burr, personal correspondence to Assistant Commissioner of Lands and Works. Yale & District Historical Society Archives
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James Barry? - 1866
Gold Rush Murderer Hung at Yale
One of the more sensational murders to occur during the Gold Rush years was committed by a gambler by the name of James Barry in 1866.
Barry met up with two traveling companions in Quesnel one spring day. The pair were journeying to Barkerville to seek their fortune in the mining town. Washington Delany Moses was an African-American barber who planned on opening his own barbershop, and Charles Morgan Blessing was from a prominent Boston family. He was carrying a large amount of money to finance himself while he made his way in the new frontier.
Blessing seemed to be enjoying himself with his new friend Barry, so Moses went on ahead of them, eager to begin establishing his new business.
Blessing and Barry made their way along the road toward Barkerville, but thirty miles along, James Barry committed cold-blooded murder, shooting Blessing through the back of the head. The killer stole the victim's money, and dragged his body off of the main road to hide it. Before leaving him there, Barry could not resist taking a trophy, Blessing's tie-pin made from a gold nugget. This nugget was quite unique, it looked like a human head, mounted upside down on the pin.
W.D. Moses had opened his barbershop, and awaited the arrival of his friend; growing anxious when he failed to appear. After the murder Barry continued on to Barkerville, and at one point the two men came face to face. Moses recognized the tie-pin, brazenly worn by Barry. He was now quite sure that something terrible had happened, and notified the local authorities of his suspicions.
The area was searched, and Blessing's remains were discovered hidden in the bush on the road back to Quesnel. Before he could be arrested, Barry somehow heard that his deed had been uncovered, and escaped back along the Cariboo Waggon Road.
Barry was apprehended at Yale, and after being identified by Moses, he was tried and hung without delay. "…he paid on the gallows the full price for the stickpin with the curious nugget" 1
1 Robin Skelton, "The Cariboo Gold Rush Murder: The Blessing-Barry Case"
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"McGowan vs. California Vigilantes"1856
Yale B.C.
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Ned McGowan1807-13 - 1893
Ned McGowan's War
Ned McGowan stands as one of the most colourful characters in the Gold Rush history of Yale. He was the instigator of a bizarre series of events commonly known as "Ned McGowan's War". A scoundrel posing as a gentleman and scholar, he stirred up trouble wherever he went, and was chased out of several cities by Vigilance Committees. "It has been said of Ned McGowan that the only good thing about him was his horse." 1
He has had a song 2 and a book 3 written about him, as well as many published articles in nearly every book, anthology and magazine concerning B.C. history. 4 He also wrote three of his own books that are published and quite rare. 5 There exists a huge amount of material on his exploits in San Francisco and Santa Barbara, too numerous to speak of here.
Edward McGowan was born in Philadelphia, and became involved with politics at a young age. "Meanwhile he studied law - and this seems to have equipped him for his later career in opposition to the law." 6
At some point McGowan made a public speech against the Governor of Philadelphia. A local newspaper report on this cast McGowan in an unfavourable light, which led to a confrontation between himself and the editor that resulted in McGowan stabbing the unfortunate man and fleeing the scene.
Ned had friends in high places, and he eventually returned to become Chief of Police. He was a very unscrupulous official, and according to accounts of the time, he protected, consorted, and had illegal dealings in Philadelphia. He was involved in a robbery, possibly 'The Great Patent Office Jewel Robbery' of 1841. 7 When he came under suspicion for this he once again fled.
McGowan made his way to San Francisco during the 1849 California Gold Rush. The city was a wild and corrupt place in those days, and before long he secured the position of Justice of the Peace there. Later he moved up through the ranks to become a judge, and became known as the one that could 'fix' cases for the lawbreakers. He would protect them for a 'price.' These were the days of San Francisco's militant Vigilante Committees, and it was a good life for a time until he was caught in some misdeed and targeted by the VC.
"His story consists of hiding out, narrow escapes and obtaining positions of authority from equally corrupt friends in similar positions of power." 8 He "but again misused his office, escaping justice by suddenly leaping aboard a ship heading for the Fraser River Gold Rush, where his talents made him the mogul of the Hill's Bar miner's village." 9
According to the Vigilance Committee blacklist, "Ned McGowan, ran away about June 1st, 1856." 10
Hills Bar was named for Edward Hill, who discovered the richest bar on the Fraser River. A tiny town sprang up, complete with the semblance of law and order: a magistrate. Hill's Bar was across the river about one mile south of Fort Yale.
At Hill's Bar, McGowan met up with some of his Californian friends and they formed a group known as "the Boatmen of San Francisco," of which he became the leader. Anyone who had been associated with the SF Vigilante Committees were not welcome. The Magistrate of Hill's Bar, Richard Perrier, was directly influenced by McGowan on many occasions.
The appointed Magistrate of Yale was a Crimean war veteran, Captain P.B. Whannell. Whannell was a pompous, somewhat ridiculous fellow, given to arrogance and vanity. Colonel Moody later described him in this way, "The bold, insane, reckless zeal, and utter ignorance of Captain Whannell, who is incorruptible, full of courage, and despotic as a Czar." 11 Both Whannell and Perrier "were jealous of their jurisdiction." 12
This clash of personalities came to a head one day, resulting in a true-life comedy of errors that reached all the way to Victoria, and British military power.
On Christmas Day, 1858, one of the American miners from Hill's Bar came to Yale and proceeded to get very drunk in the local saloons. Richard Farrell, an American, had brought with him the typical racist attitude of the time toward African-American people. A black man named Isaac Dixon was standing in front of his barbershop, and the drunken Farrell seized him, dragged him out onto the street, and beat him up.
When news of this reached Perrier at Hill's Bar, he dispatched one of McGowan's men, Hickson to arrest Farrell for the assault. In the meantime, Whannell in Yale had arrested both Farrell and Dixon and threw them in jail. When the constable arrived he presented the warrant for Farrell's arrest to Whannell, demanding that the miscreant be turned over to him. Whannell could not stand anyone daring to usurp his authority, and angry words were exchanged, resulting in Whannell placing the Hill's Bar constable in jail as well.
Perrier was furious when he learned of this turn of events. Ned McGowan, ever the mischief-maker, goaded the magistrate into issuing an order for the arrest of Captain Whannell, for contempt of Perrier's court; and McGowan was to serve it. Taking a sizable deputation of his cohorts with him to Yale he seized Whannell and broke Farrell, Dixon and Hickson out of jail. The posse took all three men back down the river to Perrier's court.
On his way back to the canoes McGowan paraded Whannell and Farrell through Front Street in Yale, much to Whannell's agitated embarrassment. Patrons and owners of the saloons, shops and gaming houses tumbled onto the street to view this odd spectacle.
Back at Hill's Bar Perrier's court was quickly convened, to the satisfaction of many onlookers. Farrell received a fine for his assault on Dickson, and Whannell was also fined $20 for contempt of court. He paid it immediately, and was advised to leave Hill's Bar as soon as possible, which he attempted to do. "McGowan and his men, however, determined to escort Whannell back. They elbowed him to a canoe and with a flotilla of canoes the posse returned to Yale where they put Whannell ashore and, firing their rifles in a noisy salute, returned across the river." 13
"Whannell hurried to his house and indicted a letter full of alarming statements to Governor Douglas. There was, he wrote, at Hill's Bar, a notorious lawbreaker who had been hounded from California by the Vigilantes, one Ned McGowan, who was the leader of a considerable following which overran Yale, broke open its jail, released prisoners, and threatened a conspiracy to overtake British power in the colony and annex it to the United States. There would, he said, be a war unless a force of troops was dispatched without delay." 14
At the time there was a great fear that the Americans would attempt to annex British Columbia and make it a part of USA, one of the reasons that the Royal Engineers (Sappers) had been sent to B.C.
This letter appeared to demand immediate action, and accordingly, Governor James Douglas requisitioned a force of marines and bluejackets from a warship, the H.M.S. Plumper docked at Esquimalt Harbour, led by Captain Provost. The naval men were rushed to Fort Langley, a nine-pound gun in tow. In the meantime, an advance force of Royal Engineers and Miners (22 in number), headed by Colonel Moody, Captain Grant and Captain Larson, began to hurry up the river from Fort Langley to quell the 'insurrection.' They were accompanied by Chief Justice Begbie, whose intention was to preserve order. There was great excitement and speculation around Victoria and Fort Langley concerning these events.
"Lt. Richard Mayne, of H.M.S. Plumper, who accompanied the expedition, wrote;
"This individual, Edward McGowan, had spent some time in California where he had become very notorious, and had been honored with special enmity of the Vigilance Committee of San Francisco. Nor without good cause. He had, I believe, the misfortune to kill several of his comrades in these little personal encounters reported in American papers under head of 'shooting' or 'cutting affairs'. The act for which the Vigilantes sought him was killing a man in cold blood at San Francisco. That such a man was known to be at Hill's Bar, where he had a rich claim. and have with him, under his influence, a strong party as bold and lawless as himself, might well give the authorities concern." 15
When the Plumper arrived at Fort Langley, the marines found that Col. Moody had taken the Steamer 'Enterprise', the only sternwheeler available on that part of the Fraser that could travel upriver to Langley. Leaving the troops docked at the Fort, Lt. Mayne had to employ a native canoe to take him and his small party north after the steamboat to inform Col. Moody that reinforcements waited at Langley upon his orders.
The canoe met rough water and breaking ice floes, and was wrecked near Murderer's Bar, 3 miles below Fort Hope, forcing Lt. Mayne and his small party to walk the rough snowy trail, soaking wet, to Hope. One of the men, Lewis, slipped and stumbled back into the river, where he had to be rescued again. At Fort Hope they found Col. Moody, Judge Begbie, Capt. Grant, and the HBC factor Ogilvy gathered around the fire, and were given dry clothes and a hot supper.
By this time word had come down the river that Captain Whannell had greatly exaggerated the severity of the problem, and Col. Moody decided to proceed up the river with just Begbie and Mayne. If the insurrection were a reality, Mayne would return to gather the troops.
The trip upriver from Hope to Yale was so lovely that Col. Moody was compelled to write enthusiastically about it, "The scenery was very grand all the way, and as bar succeeded bar, with miners at their work, at their rockers and sluices gathering in the gold dust, it had a lively cheerful look. The blue smoke from their log cabins curled up among the trees…A scene full of life. The sun shone splendidly over all…My heart was overflowing with earnest love for all these manly energetic fellows." 16
The group stopped in at many of the sandbars along the way to chat with the miners.
"The crowd awaiting his arrival at Yale included the notorious Ned McGowan." 17
"They gave me a salute, firing off their loaded revolvers over my head - Pleasant - balls whizzing over ones head! As a compliment! Suppose a hand had dropped by accident! If it was to try my nerves they must have forgotten my profession. I stood up, & raised my cap & thanked them in the Queen's name for their royal reception of me - It struck the right chord, & I was answered by three long loud cheers - I passed down their ranks, saying something friendly right & left." 18
The following day was Sunday, and the Church service was held at the courthouse at the invitation of Col. Moody, who was under the impression that this was the first time a church liturgy was read in Yale.
"The service over, he proceeded to investigate the troubles, and promptly dismissed both Magistrates, to the glee of McGowan and his associates.
"McGowan was summoned to give an account of his doings and made an elaborate and successful defense of his conduct in connection with the squabble over magisterial dignity. He was freed, and started forthwith to celebrate, with the result that while Col Moody and Chief Justice Begbie were still at Yale that afternoon he outraged the law unmistakably by an unprovoked assault. With his cohorts McGowan was going from saloon to saloon, causing considerable trouble, making threats, and Col Moody, thinking that the followers might break insubordination decided to order his troops to Yale. Accordingly Lieut Mayne was dispatched in a small canoe under cover of night to inform Capt Grant to start with the Engineers from Hope and bring the Marines and blue jackets from Fort Langley." 19
Judge Begbie dismissed Captain Whannell of Yale, and Perrier as the magistrate of Hill's Bar. There was an uproar about this, and McGowan ended up punching Dr. Fifer (hotspot) in the face. Another man was barricaded in his house, and had to send word to Moody to rescue him.
"It was necessary to bring up the RE's from Fort Hope & I was most anxious that not even a spark should get alight, that all should be at once crushed, and an example be shown as to what we could do. I ordered up to Fort Hope the marines (30) from Langley & some seamen with 2 field pieces - I dispatched Lt. Mayne RN with 2 Indians in a light canoe - They started in the dark & pulled hard - The RE's had gone to bed when he arrived - In an hour they were up and on the water under Capt. Grant - By Mayne I had sent very carefully written instructions to Grant as to his movements." 20
Captain Grant and his Sappers proceeded up the river via canoe, while Mayne continued on down to Langley to collect the marines. The Sappers paddled through the night, and disembarked about daybreak just below Hill's Bar, on the other side of the river. A watch at Hill's Bar raised an alarm, and the men ran to the edge of the river, shouting and shooting off their guns towards the company of men on the other side. They were too far away to do any damage, and the Sappers marched on toward Yale.
"It might have been & probably was only a bravado. Grant says he heard no bullets, but…they just marched steadily on but with a look of a very determined character, while on the other side of the River all was shouting and excitement. I walked down to meet them after their bitterly cold night's march. Ogilvy and MacDonald in the advance & quite in their element, you saw 'enjoyment' on their faces - With respect to my own good fellows I have only to say they are "Royal Engineers," that is surely enough…From the moment of their arrival everything began to change & to brighten up. Alarm vanished & Hill's Bar men were full of assurances to everybody that they were & always had been loyal men & that to say otherwise was to libel them." 21
"When the Engineers, followed by the Marines reached Yale, McGowan paid the Commissioner a formal visit and apologized for his brawling, and stated that his actions in connection with the rival judges had been to preserve the law. As for the assault, he had been drunk when he committed it, and - well, the Commissioner could deal with him on that account. He was fined for the assault, exonerated from previous misdemeanors, and next day when the officials visited Hill's Bar invited them to luncheon, where they drank champagne with about a dozen of McGowan's friends; and, Lt Mayne records: "whatever opinion the Vigilance Committee of San Francisco might entertain of these gentlemen, I, speaking as I found them. can only say, that all things considered, I have rarely lunched with better spoken, pleasanter party." 22
Col. Moody was impressed with McGowan's defense. "Ned McGowan pleaded guilty, & made an exquisitely beautiful speech, so neat, such few words, all to the point, nothing discursive, no 'bunkism', no nonsense of any kind - It was in fact a very clever & very gentlemanly speech - dignified and yet respectful - Begbie inflicted the greatest fine he could & caused him to enter into recognizance's to keep the peace - He also delivered a very manly address what you might expect from an Englishman who has a high courage - He gave it to McGowan very heavily, & stripped bare all their false definitions of right & wrong. The fine was paid down at once & recognizance's entered into, & all was at an end." 23
After all of the excitement died down, Col. Moody suddenly collapsed. He later blamed it on, "the excessive cold, the daily wet feet, cold up to my knees in snow & sludge, sleeping on all manner of things. All the time I was at Yale, I slept on three boxes in a passage! (My Orderly & the Judge side by side on the floor)." 24
This comic opera of a war set the stage for a peaceful, orderly Gold Rush, overseen by many more colourful lawmen and government agents.
Beth Hill writes: "As for Ned McGowan, he soon left for California with $4700 in his poke. The time had come for him to sell his horse and depart." 25
Apparently, Ned McGowan died in 1893 in San Francisco, 'a pious old man'. 26
For the reader's interest: Books by Ned McGowan
McGowan vs. California Vigilantes. Oakland: Biobooks, 1946. Octavo, red cloth, black elaborately gilt lettered cloth spine. Fine. Illustrated with frontispiece of the Santa Barbara Presidio, in colour. California Heritage #07. One of 675 copies. After fleeing San Francisco, McGowan turned up in Santa Barbara.
Narrative of Edward McGowan, Including a Full Account of the Author's Adventures and Perils, While Persecuted by the San Francisco Vigilance Committee of 1856. Published by the Author San Francisco 1857. Small 8vo, later grained black cloth backed in crimson leather. 240 pp. Seven full-page woodcut plates & one text illustration. Signature on front free endpaper of Sheldon Hooper, dated January 6, 1866. Rebound & lacking original pictorial wrappers; spine well rubbed, with worming at lower front cover; ample internal staining and foxing; repaired tear at pp. [9]/10; withal, a far from unrespectable copy of a rare and important early California imprint. First Edition, and not reprinted until 1917. Edward McGowan (1807-1893) launched his nefarious career in his native Pennsylvania and moved on to San Francisco in 1849, where his political exertions soon earned him the sobriquet of "Ned McGowan, the Ballot-Box Stuffer." In 1856 he was indicted by the Second Vigilance Committee for complicity in the murder of editor James King of William by James M. Casey, so he skedaddled out of town. He was eventually acquitted of that charge and wrote this scintillating narrative to justify his departure and to document his innocence in that case as well as numerous other crimes and affrays. McGowan was later involved in lawless activities in the Fraser River mines of Canada and in an Arizona battalion of the Confederate Army. Many years later he returned to San Francisco to live out his long life. Everett Storm, in the Graff Catalogue, describes McGowan as "a prime rascal, one of the truly colorful characters in California during the middle of the last century." In wrappers or rebound, the Narrative is most uncommon, if not as "excessively rare" as Adams proclaims it to be. As the endpaper signature attests, this copy was rebound soon after publication.
San Francisco. 1857. 248pp. including seven full-page woodcuts within pagination. Modern three quarter morocco and cloth boards, spine lettered in gilt, t.e.g. Very light wear near head of spine and at corners. Facsimile of original front wrapper (from a later reprint) bound in. A bit of foxing on title page and near the beginning of the text. Very good. This copy bears the bookplate of noted Zamorano 80 collector
Daniel Volkmann. McGowan was accused of being an accomplice in the murder of James King of William, but managed to escape the Vigilantes. He published this narrative to vindicate his conduct. When McGowan returned to San Francisco he edited the weekly newspaper, UBIQUITOUS, in which he was free to rail against the Committee and its actions. ".a prime rascal, one of the truly colorful characters in California during the middle of the last century" - Graff. An intriguing view of the Vigilance Committee.
REPORT OF THE COMMITTEE ON MINES AND MINING INTERESTS, TO WHOM WAS REFERRED THE MEMORIAL OF CITIZENS OF SAN FRANCISCO. Sacramento. 1856. 6pp. Later boards, very good. This rare document, known as the McGowan Report, is concerned with the immigration of Chinese. The California legislature had passed a bill entitled an "Act to Discourage the Immigration to this State of Persons who cannot become Citizens thereof"; naturally this would affect the Chinese. McGowan is best remembered for his run-ins with Vigilante Committee the year this report was published. COWAN, p.431.
1 James McCook, "Ned McGowan's War" in the Beaver, p. 47-52, Summer 1958
2 Tiller's Folly "Ned McGowan's War", 1989?- www.tillersfolly.com/LYRICPAGES/ NEDMcGOWAN'SLYRICLB.html
3 Donald Hauka, "McGowan's War : The Birth of British Columbia Politics on the Fraser River Gold Fields", Vancouver, BC, Canada: New Star Books, Limited, 2003
4 See attached bibliography
5 1) "Narrative of Edward McGowan, including a full account of the author's adventures and perils while persecuted by the San Francisco vigilance committee of 1856"; Biobooks reprint, 1946. 2) "Report of the Committee on Mines and Mining Interests, to Whom was Referred the Memorial of Citizens of San Francisco " Sacramento. 1856: 3) The Madness of Joshua Norton
6 From "Edward McGowan" Some biographies of Colonial days of British Columbia- Vol. II
7 http://www.myoutbox.net/popch21.htm
8 From "Edward McGowan" Some biographies of Colonial days of British Columbia- Vol. II
9 Beth Hill, "Sappers, the Royal Engineers of British Columbia", pp. 25-34, Horsdal & Schubart Publishers Ltd., 1987
10 http://www.sfmuseum.org/hist6/woolley.html
11 Willard E. Ireland, "First Impressions: Letter of Colonel Richard Clement Moody RE to Arthur Blackwood, Feb. 1, 1859", in BC Historical Quarterly, 15, pp. 86-108, 1951
12 collections.gc.ca/cariboo/teacher/nmgw1.htm
13 collections.gc.ca/cariboo/teacher/nmgw1.htm
14 Ibid
15 Ibid
16 Ireland, pp. 97-101, this copy from Beth Hill, "Sappers, the Royal Engineers of British Columbia", pp. 25-34, Horsdal & Schubart Publishers Ltd., 1987
17 Ibid
18 Ibid
19 collections.gc.ca/cariboo/teacher/nmgw1.htm
20 Beth Hill, "Sappers, the Royal Engineers of British Columbia", pp. 25-34, Horsdal & Schubart Publishers Ltd., 1987
21 Beth Hill, "Sappers, the Royal Engineers of British Columbia", pp. 25-34, Horsdal & Schubart Publishers Ltd., 1987
22 Ibid, Lt. Mayne
23 Ibid, Col. Moody
24 Bare wooden floors if they were lucky; there were no carpets, and many floors were dirt.
25 Beth Hill, "Sappers, the Royal Engineers of British Columbia", pp. 25-34, Horsdal & Schubart Publishers Ltd., 1987
26 collections.gc.ca/cariboo/teacher/nmgw1.htm
9
Lieutenant Richard Mayne1860
British Columbia
Credits:B.C. Archives
10
Lieutenant Richard Charles Mayne1832 - 1892
Recorded Recollection of B.C.
This dashing naval officer left in his wake a number of accounts that are invaluable to the story of British Columbia. Mayne was in his late twenties when he spent a total of four years in B.C. and during that time sent reports to Governor James Douglas, and assisted Colonel Moody of the Royal Engineers.
Richard Mayne was a lieutenant of the Royal Navy and had served aboard the HMS Plumper during the 1850's. The first significant report of Mayne occurs in early 1859 during the Ned McGowan War. Mayne was ordered to Hope to request Captain Grant's immediate assistance should the McGowan incident call for it, and from Yale he travelled through the night to pass the message. From Hope he was sent to rouse the marines in Fort Langley. After arriving on the Plumper at Ft. Langley, Mayne was sent upriver to notify Colonel Moody and Judge Begbie that the marines were awaiting their orders. His canoe crashed from an ice floe, and his party walked the remaining three miles into Hope soaking wet.
Later, he again had to travel all night to rouse the Sappers waiting at Hope, and then continue on to Fort Langley to enlist the marines there.
In the end, Mayne's daring dash through the night was for a good cause. Though the miners were welcoming when Moody, Begbie and Mayne arrived in Yale, they turned ugly the following day when Perrier, the Hill's Bar magistrate was dismissed from his post. Mayne's delivery of the large force of Marines was later utilized upon Moody's departure.
After the resolution the second near-uprising Mayne and Judge Begbie were invited to Hill's Bar by Ned McGowan for some entertainment. "He [McGowan] conducted us over the diggings, washed some 'dirt' to show us the process, and invited us to a collation in his hut, where we drank champagne with some twelve or fifteen of his Californian mining friends. And, whatever opinion the Vigilance Committee of San Francisco might entertain of these gentleman, I, speaking as I found them, can only say that, all things considered, I have rarely lunched with a better-spoken, pleasanter party." 1 The Engineers departed the scene, but Chartres Brew, inspector of police, and a party of Royal Marines stayed behind to prevent any further disruptions.
The next important part of B.C. history that Mayne was involved with was outlined in his report of the Lillooet-Harrison route. It is significant not so much for the fact that he was sent to report on this route but for the information left upon completing it, including a detailed map of the area and anecdotes about the people and communities he met along the way.
His travels took him much further than merely the Lillooet-Harrison route as he headed along the Fraser Canyon and Thompson River, which took him throughout the Kamloops region, before retracing his steps towards the coast. Mayne mapped his entire route and it exists today as one of the best maps ever made of the area. He also recorded infinite details about the attractions to be had alongside the road while foregoing to mention the quality or treacherousness of the path he was on.
In his report to Governor Douglas, "Mayne noted that regular pack trains were using the route, that boats were plying the lakes which formed part of its course, and that a large restaurant had been built at the south end of Anderson Lake…He said little about the quality of the trail." 2
In the early part of the 1860's Lieutenant Richard Charles Mayne returned to England. He would write a book, entitled Four Years in British Columbia and Vancouver Island about the adventures he had undergone and the people that he had met while travelling throughout B.C. Richard passed away in 1892 at the age of 60 and in his wake he left a priceless recollection of a piece of B.C.'s history that is irreplaceable.
1- Mayne, Richard. Four Years in B.C. and Vancouver Island. From Akrigg, G.P.V. British Columbia Chronicle, 1847-1871. Gold and Colonists. Vancouver; Discovery Press, 1977. Pg 153
2- British Columbia Chronicle, Pg 169.
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Captain Peter Brunton Whannel1816-
Deception in Uniform
Captain Whannel graced the streets of Yale for only a short period of time, but his presence marked a timeless tale that history has deemed important enough to call a war.
Captain Peter Brunton Whannel was anything but what he claimed to be. A pompous man, he lived a lie that catered to his inflated sense of self-importance. But, perhaps this judgement is too harsh for he was also a man that made a few wrong decisions, decisions that resulted in a situation where he was living a lie.
What man has not been tempted to leave his wife and children, and all the responsibility it entailed, for that of an eighteen year old? Whannel's error was that he gave into the temptation.
What man has not desired to seek revenge against an adversary? Whannel mistakenly called in a force far greater than he to defend his bruised honour.
What man has not wished to be something other than he was, if only for a short period of time, to garner the respect that position would bring? Whannel was foolish enough to attempt this feat and for a while it served him well for he lived on top of the world. But, all good things must come to an end.
So, Whannel was human and his story is that of a bungling bunch of errors. Whannel was born in India in 1816. Despite being the son of a colonial administer he was not so fortunate as to secure a similar position. He moved to Australia in the early 1850's. There he joined as a trooper in the Victorian Yeomanry Cavalry and must have cut a dashing figure if the following events were anything to judge by. There he married and had children and for all appearances lived the settled life. Yet, in 1856 he met an eighteen-year-old girl and left his pregnant wife and their children in favour of running off with his new lady.
His new mistress, which he appears to have passed off as his wife, was described as a "fine, buxom Scotch woman, very attractive and pleasant in her ways, but kept under by her husband, who seemed to recognize in every male visitor a possible rival." 1 The two made their way to California and then headed for Victoria. Upon arriving in Victoria he was clad in his full dress uniform when he went to Governor Douglas in hopes of obtaining a government position.
In his desire to gain this position he presented himself as a captain of an Australian regiment. At the time that he saw Douglas, the Governor was having difficulty with his present assistant commissioner, Richard Hicks, in Yale. Seeing in Whannel the possibility of keeping an eye out for any questionable acts committed by the commissioner he hired Whannel as Justice of Peace at Yale.
His pompous arrogance and his acts soon set the town against him. One such act was the practice of drawing "his sword and slash[ing] the air, clearing a path before him, shouting: 'I am the law and this sword is my voice'." 2
DW Higgins describes one incident in which, while attending a party, Whannell disappeared during an altercation. He was later found to be hiding beneath his wife's skirts.
A series of events involving beatings and racism set in motion a number of embarrassing incidents for Whannel. The culprit, Richard Farrell from Hill's Bar had beaten a black man, Isaac Dixon, who was a local barber in Yale. These events are explained at length in the story of Ned McGowan's War.
When Whannel found himself escorted to Hills Bar under arrest in embarrassing circumstances and returned in an equally embarrassing circumstance, he sent a missive to Captain Grant and Governor Douglas. The wording of these missives sufficiently alarmed the authorities and the Royal Engineers were sent to investigate. The event has since been termed Ned McGowan's War.
The engineers quickly cleared up the misunderstanding, Judge Begbie and Colonel Moody uncovered Hick's corrupt acts and he was subsequently fired, as was the magistrate, Judge Perrier, at Hill's Bar.
Things settled down in Yale after that, and less than a year later Whannel's true identity caught up to him. He resigned his position shortly thereafter and he and his 'wife' departed Yale.
To learn more about these incidents, and Whannels involvement, see our article on Ned McGowan's War.
1- Higgins, David. "Chasing the Golden Butterfly." The Mystic Spring, 1904. Pg 51-2
2- The Beaver. Feb/Mar 2003
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Entrance into the gold commissioner's vault1859
Front Street, Yale
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Chartres Brew1815-1870
B.C.'s Lawman
The name Chartres Brew is synonymous with recollections of maintaining law and order in B.C. A name not readily recalled like that of Judge Begbie, yet a name that lies beneath the surface, indispensable to the history of British Columbia.
Brew was born on the last day of the year in 1815 in Corsfin, County Clare Ireland. His military career in the old world set him up for his law enforcement duty in the New World. He served in the Spanish Legion and joined the Irish Constabulary in 1835. In addition he was the Deputy Assistant Commissioner General in the Crimean War.
At the time of his arrival to B.C. the colony was seeking a solution to rising debt and the equal need for continued law enforcement. While the Royal Engineers were still stationed in the colony the cost of maintaining their presence was becoming greater than the colony could justify. Recognizing the need for another form of law enforcement in the colony Governor Douglas attempted to find a better alternative to the Engineers.
The solution came in the form of men such as Brew, with previous military experience. Brew was commissioned in London and eventually sent to Britain's Colony to set up a police force on the mainland.
Chartres Brew became the first constable on the mainland of the Colony of British Columbia. From this position he was involved in a number of historic incidents that dots B.C.'s past. In 1859, as the inspector of police, he remained in Yale to deal with any further uprisings that may occur as a result of the Ned McGowan War. By 1863 he was a judge. In 1864 he found evidence that helped explain the Chilcoltins' attack against white men, a result of their involvement with the native women. By 1867 he was the magistrate of New Westminster and part of the Legislative Council for the colony of British Columbia.
Chartres Brew passed away on May 31, 1870 in his early fifties. He had come to the New World with intentions of maintaining order within the colony. From the moment Governor Douglas appointed him as inspector of police he did his utmost to ensure the best decisions were made on behalf of the Colony. Through the years he served as superintendent of police, a gold commissioner and a county court judge.
Brew is buried in Historic Barkerville and on his marker are the fitting words: "A man imperturable in courage and temper endowed with a great and varied administrative capacity. A most ready wit, a most pure integrity."
-Brew's headstone inscription.
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John Kirkup, 'Big Jack the Mountain Sheriff.' Sketch by western artist Frederic Remington.1890
British Columbia
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