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British Columbia Historical Quarterly Oct 31, 1947

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 THE
BRITISH
COLUMBIA
HISTORICAL
QUARTERLY
OCTOBER, 1947 BRITISH COLUMBIA HISTORICAL QUARTERLY
Published by the Archives of British Columbia
in cooperation with the
British Columbia Historical Association.
EDITOR.
Willard E. Ireland.
Provincial Archives, Victoria, B.C.
ADVISORY BOARD.
J. C. Goodfellow, Princeton. T. A. Rickard, Victoria.
W. N. Sage, Vancouver.
Editorial communications should be addressed to the Editor.
Subscriptions should be sent to the Provincial Archives, Parliament
Buildings, Victoria, B.C. Price, 50c. the copy, or $2 the year. Members
of the British Columbia Historical Association in good standing receive the
Quarterly without further charge.
Neither the Provincial Archives nor the British Columbia Historical
Association assumes any responsibility for statements made by contributors
to the magazine.
The Quarterly is indexed in Faxon's Annual Magazine Subject-Index. We
BRITISH COLUMBIA
HISTORICAL QUARTERLY
"Any country worthy of a future
should be interested in its past."
Vol. XL Victoria, B.C., October, 1947. No. 4
CONTENTS.
Page.
Prehistoric Cairns and Mounds in British Columbia with a
Report on the Duncan Burial Mound.
By A. E. Pickford  237
The Work of Veniaminov in Alaska.
By Archie W. Shiels  265
The Tyrant Judge: Judge Begbie in Court.
By Sydney G. Pettit  273
Notes and Comments:
British Columbia Historical Association  295
Contributors to this Issue    296
The Northwest Bookshelf:
Fahrni and Morton:   Third Crossing.
Kavanagh:   The Assiniboine Basin.
Papers read before the Historical and Scientific Society of Manitoba.
Season 1945-46.
By Willard E. Ireland  297
Index  301 PREHISTORIC CAIRNS AND MOUNDS IN
BRITISH COLUMBIA:
With a Report on the Duncan Burial Mound.
Earth mounds of complex structure are, perhaps, the most
numerous and widespread, in world distribution, of all prehistoric human monuments. Some of these were made of soil
scraped from the surrounding terrain, but where slabs of rock
or large stones and boulders were available, these were sometimes
used in place of earth. More often, however, both stone and
earth are found in the same construction; the earth in these
latter mounds served not only to bind the rock, but also as a
complete cover in which herbage became established and thus
gave added permanence to the structure. The long barrows and
the various forms of round barrow in Europe are examples of
earth mounds of complex structure, while the pyramids of Egypt
may be considered as an evolution from the primitive stone cairn,
The custom of erecting earth mounds and stone cairns over
the honoured dead seems to have spread radially from Centra]
Asia in that wide circle somewhere within the confines of which
the human race is said to have originated. The history of human
burial in the early Stone Ages is too complex for discussion here,
suffice it to say that towards the close of the Neolithic Period in
Europe we find the great stone " house of the dead " of former
times giving place to a small stone cyst or vault which was placed
either entirely underground or, at least, was covered with earth.
As to the attitude of the mourner in his beliefs' in regard to
the dead, we find that it was a common practice in very early
times to take measures to preserve the dead body and to place
within the tomb all the necessaries of life sufficient for a journey.
Then, in the late Neolithic, the people of Europe show a new
school of thought which ordained that the body be burned. Some
fundamental change of creed seems to have been responsible for
this change of practice, and here, possibly, we have the birth of
a new aspect of religion, in which the spirit is given prior importance to the body and fire is regarded as a necessary element in
British Columbia Historical Quarterly, Vol. XI., No. 4.
237 238 A. E. Pickford. October
the release of the spirit from its earthly bondage. However, we
have no proof of these early religions nor can we show reasons
why earlier customs have survived in some parts while they have
been superseded in others.
It is with the late Neolithic that we are dispassionately concerned in British Columbia; from its advent in Asia we trace
the spread of the mound culture towards America. In the path
of this spread we see an abundance of earth mounds similar in
intent and structure to those on Vancouver Island and in the
Fraser River delta. Such earth mounds are scattered from
Turkestan and the Kirgiz steppes across Asia and into this continent, where they reach as far as the Central American isthmus
and where they are found buried under the rank vegetation of
the tropics. Under the advance of agricultural peoples, inestimable numbers of these monuments have been flattened out and
destroyed, so that, in countries occupied by civilized races over
long periods, all traces of such mounds have been lost, except for
the occasional example and for the verbal records of early bards
and historians.
The ceremonial of the funeral pyre associated with the
earliest examples of these mounds is of widespread distribution
and bespeaks survival of the cult over a long period of time. In
northern latitudes this practice is found among Caucasian as well
as among Mongoloid races. In the Caucasian field, evidences of
this custom are found among Nordic, Mediterranean, and Hindu
races. The fable of the phoenix reborn from its ashes bears the
stamp of a fundamental psychological attitude with which the
concept of the resurrection of the soul is closely allied—the
destruction of the body by fire being but an incident in the complete transfiguration. The Homeric legends as recorded in the
Iliad have many references to such funeral pyres; the account
of Hector's heroic lamentations over the body of his friend
Patroclus gives a very vivid picture of this custom among the
ancient Greeks. The description of Hector's own funeral as told
in the final pages of the Iliad is not so detailed, but is full of
poetic colour:—
So nine days they gathered great store of wood. But when the tenth
morn rose with light for men, then bare they forth brave Hector, weeping
tears, and on a lofty pyre they laid the dead man, and thereon cast fire. Plate I.
Fragmentary copper objects, presumably ornaments, taken from
earth mounds at Hatzic, B.C., in 1898, and now preserved in the Provincial Museum, Victoria.    These are the only artifacts to be found
in the many mounds excavated in this vicinity by Charles Hill-Tout. Plate II.
General view of the Duncan mound before excavation. 1947 Prehistoric Cairns and Mounds. 239
But when the daughter of Dawn, rosy-fingered Morning, shone forth,
then gathered the folk around glorious Hector's pyre. First quenched they
with bright wine all the burning, so far as the fire's strength went, and then
his brethren and comrades gathered his white bones lamenting, and big tears
flowed down their cheeks. And the bones they took and laid in a golden urn,
shrouding them in soft purple robes, and straightway laid the urn in a
hollow grave and piled thereon great close-set stones, and heaped with speed
a barrow, while watchers were set everywhere around, lest the well-greaved
Achaians should make onset before the time. And when they had heaped
the barrow they went back, and gathered them together and feasted right
well in noble feast at the palace of Priam, Zeus-fostered king.
Thus held they funeral for Hector tamer of horses.1
So much for the earth monuments of the Eastern Hemisphere.
On the American Continent an infinite variety of such monuments occurs, ranging from small caches with no funereal significance to the elaborate tombs. Larger yet are the truncated
pyramidal structures of Central America, and the Effigy mounds
and other massive earthworks of the Mississippi which are
ascribed to the Mound Builders. These various constructions on
the American Continent had a great range and variety of uses.
Prof. Cyrus Thomas, of the United States Bureau of Ethnology,
lists some twenty separate types of such earthworks.2 Uses are
also shown in this list, and funerary use is assigned to numerous
examples of the various types of construction.
In the pages that follow, it will be noted that many, if not all,
of the human remains found in the prehistoric mounds of British
Columbia were cremated, although some were only partially
burned. Until recently this custom of cremation was still in
vogue among certain tribes of the Interior of this Province—such
as the Sekani, and also among the Tsimshians, which latter tribe,
in former times, ceremonially prepared the bodies of dead
shamans and chiefs for this cremation.3
(1) Andrew Lang, Walter Leaf & Ernest Myers, trans., Iliad of Homer,
New York, 1915, pp. 502, 503.
(2) Cyrus Thomas, " Report on the Mound Explorations of the Bureau
of Ethnology," Twelfth Annual Report of the Bureau of Ethnology . . .
1890-91, Washington, 1894, pp. 521-730.
(3) William Duncan, " British Columbia," The Church Missionary Intelligencer, IX. (1858), p. 249. Here Duncan, speaking of the " Chimsyan "
Indians, says: " It is the custom among these Indians to burn their
dead." This statement is confirmed and enlarged upon by Viola E. Garfield,
" Tsimshian Clan and Society," University of Washington Publications in
Anthropology, Vol. VII., No. 3, 1939, pp. 239-241. 240 A. E. Pickford. October
Before the soil of British Columbia was disturbed by white
settlers, earth mounds were numerous along the coastal areas.
These mounds extended from Comox in the north to beyond the
islands of Puget Sound in the south, and into the delta of the
Fraser River as far as Hatzic to the. east.
The first written notice of these mounds appears in the Victoria Colonist of December 15, 1871. It was evidently the outcome of a reporter's interview with Mr. James Deans, who had
been interested in these works since 1853.
The local reader can scarcely have failed to have noticed in different
parts of the Island—and particularly in the vicinity of this city—heaps of
stones and earth so arranged as to form mounds or cairns. Many of these
heaps are to be seen on Beacon Hill near the summit, at different points of
Esquimalt harbor, at Cadboro Bay, Beckley Farm and several other parts.
They have long been supposed to be the work of a race of men who passed
away to make room for the red man, who in his turn is being ' improved off
the face of the earth ' to afford the white man room to increase and multiply
his species. Lately several of these mounds have been opened near Cadboro
Bay by Mr James Deans, who found, first a layer of earth, next, a pile of
stones—some of them weighing a ton—laid with almost mathematical exactness so as to form a circle; third, another layer of earth, and beneath it
a quantity of bones and dust, amidst which were found a number of teeth
and jawbones in a good state of preservation. The jawbones are pronounced
to be those of a human being, and the teeth those of a vegetable-eating man
—being wide and flat on the top. Perhaps the Darwinian theory is about to
receive new and startling confirmation from these researches. Near Beckley
farm, not far from Beacon Hill, are what are supposed to be the remains of
an ancient village, with trenches cut, evidently for the purposes of defence.
The same thing is seen near Clover Point. A few years ago these evidences
were much more distinct than now; but the large stones that dot the summit
and sides of Beacon Hill, some of which are* surrounded with a circular
thicket of scrub-oak, were no doubt placed there by the lost race who built
the cairns just opened at Cadboro Bay—a race who possessed this fair land
centuries before the Deluge, and who buried their dead in caves and pits,
instead of putting them away on shelves above the ground, as did the aborigines who inhabited the island when the present white settlers came to it.
The early inhabitants of the British Isles disposed of their dead in the same
way. In the Eastern States there are numerous mounds, some of which
have been opened and evidences of a primitive race found. If these interesting researches should be continued, some very astonishing developments
may result.4
(4)  Victoria Colonist, December 15, 1871. 1947 Prehistoric Cairns and Mounds. 241
James Deans was in many ways a remarkable man. Born on
June 17, 1827, in Haddingtonshire, Scotland, he engaged as a
labourer with the Puget Sound Agricultural Company, a subsidiary of the Hudson's Bay Company, and arrived in Victoria
on January 16, 1853, on board the Norman Morison.6 That he
was a man of scholarly habits is evidenced by the references in
the diary of Robert Melrose to lectures he delivered at Craigflower during 1853 and 1854.6 He was an amateur geologist,
ethnologist, and anthropologist of no mean ability and devoted
much time during his long residence in the Pacific Northwest to
the study of the dialects and languages of the British Columbia
Indians.    He died on July 17, 1905.7
Fortunately Deans wrote a report of his work among the
Cadboro Bay cairns. Since it is full of detail bearing upon our
subject and is the first work of its kind undertaken in this Province by a student of archaeology, it is reproduced verbatim:—
The Cadboro Bay Cairns.
An Ancient City of the Dead!
Any one who has wandered over the spreading glades, or under the oaken
bowers, around Cadboro Bay, between Uplands Farm and Oak Bay, (Mr.
Tod's), around Gonzalo's point, from Mr. Tod's to Foul Bay, and around
Esquimalt Harbor, particularly about the Admiral's house, must have
noticed numbers of conical stone piles, sometimes singly, in other places
(as in the case of Cadboro Bay) in groups of two or three hundred. No
persons could pass those around the last mentioned place without wishing
to know something of those who piled them up or for what purpose they
were erected. Having seen them first in 1853 I made a resolution to open
a few of them whenever I had a chance, although years should elapse. This
desire I have at last been able to gratify.
As fair specimens of all I selected five from different parts of the great
cluster, on the south east side of Cadboro Bay. On looking over them,
I found there were two kinds. Towards Uplands farm along the edge of
the green slope are a number composed chiefly of earth and stones of various
sizes. In the second place and lower down lie the bulk of them, made
entirely of stones and having a little earth mixed with bits of burnt wood
thrown on the flat top of them.    Others with nothing but moss—the growth
(5) James Deans, " Settlement of Vancouver Island," a manuscript prepared in 1878 for H. H. Bancroft, now in the Bancroft Library of the
University of California Library at Berkeley. A transcript of this manuscript is in the Archives of B.C.
(6) W. K. Lamb (ed), " The Diary of Robert Melrose," British Columbia Historical Quarterly, VII. (1943), pp. 202-204, 206-209.
(7) Victoria Colonist, July 18, 1905. 242 A. E. Pickford. October
of ages. The first we opened was a large earthen one, twenty-five paces in
circumference. I commenced by digging a trench 4 feet wide through the
center of it, or rather a little to the east as I afterwards discovered, when we
had cleared the earth from the larger half, which we had to do in order
clearly to understand the way in which it was constructed. I shall give
a description of the first we opened, which I shall call an earth mound: On
the outside is a circle of large stones set on end 5 feet apart in imitation of
pillars, inside of which the earth has been dug out to the depth of one foot
or down to the gravel. Two feet inside of the outer circle is an inner one,
within which are piled large stones in the form of a cone, of which a large
flat one formed the base. Between the inner and outer circle was a space of
two feet in width, along which were strewn oak and fine ashes. Beneath
the inner cone was a circular hole twenty inches in depth and six feet in
diameter, at the bottom of which lay the last mentioned stone. Underneath
it, amongst a deposit of black earth containing a few pieces of burnt wood,
lay the remains of a human being, they having been put on the gravel and
the earth thrown over them; some of the bones had become slightly petrified
on the one side next the sand, others showed signs of having been burned.
They were lying as if they had been gathered after burning and put in the
bottom of the hole in a pile in this order: First, the skull, or what was left
of it after cremation was put due south, the leg and arm bones pointing
northward, while the others were piled above them. They all crumbled away
when exposed to the air. Even the teeth, which were those of a grown-up
person, crumbled in our hands. There was not the least trace of ornaments
or utensils of any kind whatever having been put along with the dead. This
cairn seemed to contain the remains of a chief. The second hole opened was
smaller. It had been constructed after the same principle, with this exception: less order was observed in its construction. In this the bones were in
a better state of preservation than in any of the five which I opened. The
teeth were remarkably flat, smooth and round. I showed them to Dr.
Barnard^ who kindly examined them for me. He told me, what I afterwards
found to be correct, that their flatness was caused by their meeting evenly
together when in the act of chewing. In this, the second one, along with
the skull, I found a piece of cedar wood, the remains of what appeared to
have been some sort of ornament, but much too decayed to make anything
out of it. The third one I found in every case to be the same as the others.
Before I say anything of the stone cairns, I must explain their mode of
construction a little better, in order that Mr. McKays and others interested
(8) Dr. C. Francis Barnard, a dentist, came to Victoria from Boston,
Mass., arriving here in the steamer Josie McNear, July 31, 1866. Ibid.,
August 1, 1866. He remained in British Columbia until the mid-1870's when
he returned to New England. As late as 1881 he was reported to be residing at Derry, New Hampshire, aged 70 years.   Ibid., February 22, 1881.
(9) J. W. McKay was born at Rupert House, January 31, 1829, and
came to Fort Victoria in 1844 in the service of the Hudson's Bay Company.
He rose rapidly in the service and in 1852 was entrusted by James Douglas 1947 Prehistoric Cairns and Mounds. 243
in the subject may understand them. First, a circle was formed, wider or
narrower, according to the wish of the friends or the rank of the deceased;
immediately within this circle were placed on end long stones in imitation
of pillars, the vegetable mould, or black earth having been all cleared away
previously, within this circle, each pillar being about 5 feet apart. Within
the outer circle was an inner one, seven feet in diameter, leaving a space
of two feet wide all round the inner circle. On this space were strewn bits
of burnt wood; within this inner circle was a hole, six feet wide and 20
inches in depth, sloping inwards—this being the receptacle for the remains
which were carefully gathered after cremation and covered up as described.
This receptacle was then filled up with large stones until it assumed the
shape of a cone (as in cairn No. 1) seven feet in diameter and five in
height from the bottom of the receptacle. Afterwards all was carefully
covered up with earth forming a cairn five feet in height and twenty-four
paces in circumference, considerable earth having crumbled down beyond the
outer circle since first erected. jAMEg Deans
Victoria, December 20th, 1871.1"
It will be noted that Deans placed stress on monuments of
two kinds—those of earth and those of stone; he gave details
of the opening of one large one and two smaller ones all of the
earth type. He then explained the mode of construction of
monuments of the second class—namely, the stone cairns—and
in a later issue of the same newspaper he described the opening
of two of the stone cairns. This account is full of information
by observers who, in the time scale, are much nearer to the
undisturbed aboriginal scene, and in consequence it is reproduced
The Stone Cairns.
I shall now say a few words concerning the stone heaps (or Cairns, as
they are called in Scotland). We opened two of them and found human
remains, the same as in the other three, with the skulls due south, while the
other bones were piled up on the north side. Some of the bones showed
signs of cremation and there was also the attendant charred wood. The
only noticable [sic] difference from the earth mounds was in the mode of
construction, which is as follows:— First, a circular trench was dug, ten
inches or a foot in depth, in which flat stones were placed on end, inclining
upwards close together. Two feet from the inside of the outer circle was
a receptacle in which the remains were deposited after cremation.    In the
with the establishment of Nanaimo and the exploitation of the coal deposits
there. In addition, he undertook several important explorations on the
Mainland. In 1879 he retired from the Hudson's Bay Company and four
years later joined the Federal Department of Indian Affairs, serving with
them until his death on December 21, 1900.
(10)  Victoria Colonist, December 22, 1871. 244 A. E. Pickford. October
space outside the receptacle in the first cairn we found a few bones together
with a piece of shell. The remains we found in this were all small, seemingly those of a young person. The last one we opened was the same as
the fourth and first cairn, saving that the remains were too far gone to bear
handling. In the stone cairns, as in the others, the remains had about six
inches of mould thrown over them, and then the large flat stone over all,
after which the earth taken out of the hole was thrown on, raising it a little
above the original surface. Having done this they seem to have gathered
a lot of small stones with which they filled up the space inside of the outer
circle. Having filled it up all around leaving an empty space above the
receptacle, they next seem to have taken large stones and placed them so as
to form a cavity, over which they threw small ones, until the mound assumed
a conical shape, sometimes throwing a little earth on top. I could find no
traces of an opening in [t]he skulls, although perhaps I might if they had
not been too far gone to handle.
The sum and substance of my researches are that the people who raised
these mounds and cairns erected them as receptacles for their dead, which,
I think, is proved satisfactorily by finding human remains in each mound
or cairn. That they used cremation before laying them in their last resting
place, seems clear from the fact that some of the bones were charred, and
also from the burned wood found amongst them. There is no doubt they
were erected at a very remote period—say over a thousand years ago. The
present Indians say their fathers and grandfathers found them the same as
they are now. I believe the people who raised the same sort of piles in
Oregon raised these ones, for there is a tradition amongst the Indians that
in former times the south end only of this island was inhabited, and that
the then inhabitants raised cairns. As a proof the Indians say there are
none on other parts of the Island. One singularity about them is that there
are none under 30 feet above the present sea level. All are more or less
placed on what appears to be an ancient sea level or margin, which is 30 feet
above the present high water mark. Now, it is well known that the Indians
of the present day deposit their dead on islands or by river sides,—a fact
which everyone can prove who has been up the Fraser or Thompson rivers.
If in this case they were buried by the water side, who can tell what changes
have taken place since then.    We find many higher, but none under 30 feet.
Mr. Robert Homfray, C.E.,11 informs me that in 1859 he had one of these
cairns opened at Florence Lake.12    It was a perfect specimen.    There was
(11) Robert Homfray arrived in the colony in 1859, coming from the
United States, where for a time he had been county surveyor of Nevada
County, California. For a time he served in the Colonial Land Office,
Victoria, and then set up in private practice as a land surveyor. Victoria
Gazette, July 5, 1859. He was born in Worcestershire, England, and was a
thoroughly competent civil engineer. For a time he was employed on the
Canadian Pacific Railway surveys.    He died in Victoria, September 19,1902.
(12) A small lake a short distance east of Langford Lake in the Esquimalt District. 1947 Prehistoric Cairns and Mounds. 245
a covering of earth on the flat top of it, on which a large fir tree grew. He
dug down until he found a stone too large to move, and on digging underneath amongst black earth, he found the remains of a human being. What
has been found settles so far a vexed question. The absence of implements
is rather strange. If I had the means I would like to open a few more at
different places in which something might be found. However, I have found
enough, I think,to prove they were never meant for catching fowls. Perhaps gentlemen who have a different theory can give some plausible reason
for it.    If they do I shall be glad to hear from them.
James Deans.1^
A few days later Deans again submitted additional evidence
of the existence of a culture of which the Indians of his day had
no knowledge and which he suggested may have belonged to the
same pre-Indian period as the mounds and cairns which up to
this point had been the main subject of his inquiry. This article
described in some detail lines of stones, placed in a straight line
running 12 degrees north of east. Each stone so used weighed
not more than 30 lb. and not less than 5 lb. In length the lines
were usually 50 to 100 feet, but in some instances as much as
200 feet. Removing all doubt as to the possibility that these
lines were of natural formation is the fact that they were always
double, being composed of parallel lines spaced about 2 feet apart
from centre to centre, leaving a space about 20 inches between
the stones. As to their age, Deans commented: " The present
race of Indians know nothing of them whatever. They found
them as their fathers did before them." He further argued:
" That the stones were put there for some purpose is evident.
If not why follow the same plan in placing them. And why
place them so exactly to the same point in the heavens? "u
Deans then submitted a series of four articles entitled " Antiquities of This Island," in which he discussed " Cairns—their
appearance, probable age, by whom constructed, their past and
present use."15 Again the absence of cairns below a line 30 feet
above the present high-water line is noted and advanced -as evidence of antiquity.   He also pointed out that the mounds were
(13) Victoria Colonist, December 24, 1871.
(14) Ibid., January 6, 1872. Deans' findings were substantiated by
James Richardson, of the Dominion Geological Survey, in so far as the dip
of the rocks and their bearing was concerned.
(15) Ibid., January 30, 31, and February 1, 8, 1872. These articles are
reproduced in full in Appendix C, v. supra. 246 A. E. Pickford. October
usually grouped with a series of smaller ones surrounding one
of major importance. It was his contention that the larger the
mound or cairn, the greater the importance of the individual
buried in it, suggesting that the smaller monuments, surrounding the larger ones, were the graves of slaves or of children.
Drawing on his imagination, he painted a picture of a chief being
placed on a pile of wood, in which a fire is kindled while the
mound is being prepared, and depicted the subsequent action of
relations or beneficiaries who added earth to the mound until it
reached its final proportions.
During 1892 Deans prepared an anthropological exhibit for
the World's Columbian Fair held the following year in Chicago.
It consisted of an ancient lodge, with its totem-post taken from
Skidegate, and a model of a Haidah village, complete with specimens of dress, utensils, and implements.16 His work received
further recognition when the International Folk-lore Association
in 1899 published his Tales from the Totems of the Hidery.11
From 1897 to 1899 Deans assisted in the explorations of the
mounds and cairns directed by Harlan I. Smith for the Jesup
North Pacific Expedition. To this work Gerard Fowke was also
a contributor. The map accompanying the Report shows cairns
and mounds extending from Mission City to the east, Victoria
and Port Angeles to the west, and Courtenay to the north. The
southern limit of this particular mound area seems to be at
Coupeville, in the State of Washington.18 Charles Hill-Tout places
the western limit of the mound area at Nootka Sound.19
It is worthy of note that these monuments on the Mainland
of British Columbia are limited to the delta of the Fraser and
those lower reaches of the river that are more easily navigated.
(16) Ibid., July 18, 1905.
(17) James Deans, Tales from the Totems of the Hidery (Vol. II.,
Archives of the International Folk-lore Association), Chicago, 1899.
(18) Harlan I. Smith and Gerard Fowke, " Cairns of British Columbia
and Washington," Memoirs of the American Museum of Natural History,
Jesup North Pacific Expedition, Vol. IV. (Anthropology Vol. III., No. II.
[New York], 1901, p. 56.
(19) Charles Hill-Tout, "Prehistoric Burial Mounds of British Columbia," Art, Historical and Scientific Association of Vancouver, Museum and
Art Notes, Vol. V., No. 4 (December, 1930), pp. 120-126. See also Charles
Hill-Tout, " Later Prehistoric Man in British Columbia," Transactions of the
Royal Society of Canada, second series, I. (1895-96), section 2, pp. 108-122. 1947 Prehistoric Cairns and Mounds. 247
Similar littoral developments are also found in the Puget Sound
area and are shown to be situated usually on slopes with gravelly soil strewn with angular boulders. In every case they
were built on a well-defined plan, the main feature of which is
expressed in a central cyst, but many of these cysts were poorly
made. The structures were especially numerous in the vicinity
of Victoria and occurred on every point of land in the bay at
North Saanich; many of these have since been destroyed by road-
builders or by agricultural development. All of these mounds
and cysts overlooked the sea or were near the shore; at many
places single cairns were found about 20 feet apart. The construction of the cairns reached its highest development in the,
vicinity of Victoria, and according to Smith's report " the type
of structure appears to have undergone modification with increasing distance from this point."20 The cairns, so far as known,
are always near shell heaps, but the latter are so numerous all
along the coast that their proximity does not necessarily imply
an historic relation in culture between the refuse heaps and the
burial mounds. In the area of the cairns, human bones are rarely
found in shell heaps, except where a cairn has been erected over
the latter. But human remains seem to be absent from shell
heaps in regions where no cairns have been found, such as in the
northern part of Vancouver Island and in the State of Washington south of Coupeville. It is only in the shell heaps of the Lower
Fraser River that human remains are numerous.
As to the human remains found in the monuments,21 in North
Saanich these usually rested on the natural surface of the soil,
the cairn being built over them. However, as Deans pointed out,
in some cairns with regular-cysts, the skeleton was found in a
shallow basin scooped in the original surface of the soil. Occasionally intrusive burials are found in which a certain amount of
excavation was done for the reception of the body and over which
the cyst and cairn were built. The skulls from the cairns give
evidence that the people practised at least two of the methods of
deforming the skull that were in common use in the area until
(20) Smith and Fowke, op. tit, p. 58.
(21) A tabulation showing a digest of the information as to the mounds
investigated by Smith and Fowke and discussed in their report is given in
Appendix B, v. supra. 248 A. E. Pickford. October
recent times. One of these flattened skulls—from a prehistoric
cairn at Cadboro Bay—was presented to the Provincial Museum,
Victoria, B.C., in 1898.22
The mounds of the Lower Mainland of British Columbia have
been most thoroughly examined by Charles Hill-Tout, who, in
1930, published a summary of his investigations.23 The mounds
described are principally those found in the vicinity of Hatzic,
on the north bank of the Fraser River 3 miles east of Mission
City.   Hill-Tout reported five main types:—
(1) The simplest of these mounds was formed by placing the
corpse in a shallow pit and then heaping it over with soil.
Some of these, evidently children's graves, were only a
few feet high and a yard or so in diameter. The larger
ones had commonly a diameter of from 20 to 25 feet and
were higher in proportion.
(2) The next most elaborate in structure was formed by placing the corpse in the centre, whether in a sitting posture
or prostrate was not determined, and then it was built
over with a large pile of boulders, over which earth was
heaped to a height of from 6 to 9 feet. Some of these
mounds had a distinct layer of charcoal between the boulders and the earth covering.
(3) As a variant from these there appeared to be a group in
which large quantities of coarse sand were used to form
the body of the mound. Much of this sand, being foreign
to the district, must have been imported. One mound of
this class was surmounted by a dead cedar tree, calculated to establish the age of the mound at least at 1,000
years. This mound was stated to be the only one which
furnished any osteological data of any importance, such
bones as were found in the others crumbled on touch.
A copper awl or spindle was also found in the mound
under the cedar tree.24
(4) The fourth class of mound differed from the above in
that its outside limits were marked by a line of boulders
(22) It is exhibit No. 296.
(23) Charles Hill-Tout, " Prehistoric Burial Mounds of British Columbia," loc. cit, pp. 120-126.
(24) See Plate I. 1947 Prehistoric Cairns and Mounds. 249
set side by side to form a square, each side of which faced
one of the cardinal points of the compass, like the pyramids of Mexico.   While Hill-Tout spoke of the base of
this mound as being about 5 feet below the general level
of the ground, his sketch of it does not indicate a pit.
(5) The most elaborately constructed of all these mounds is
depicted by a sketch which shows a central cairn surrounded by three successive squares equidistantly placed
from one another, the outermost being composed of a
double line of stones placed in close conjunction and
capped by a third line or upper layer.   The upper part
of this structure was of the same form as fourth type
described above.
Five very crudely formed copper objects,25 some red ochre, a
fragment of coarsely woven blanket made from the hair of the
mountain-sheep and a small quantity of human hair of two
colours, black and brown, constitute the entire collection of relics
taken from these mounds.    The skull mentioned as being found
in mound type (3) above was judged to be that of a woman,
and it showed traces of artificial deformation.   Unfortunately,
Hill-Tout did not record the total number of mounds opened in
the work from which his descriptions were compiled.
A. E. Pickford.
Victoria, B.C.
(25) See Plate I. 250 A. E. Pickford. October
APPENDIX A.
Report on a Prehistoric Burial Mound located on the Comiaken
Indian Reserve, Duncan, B.C., investigated by the Provincial
Museum, 1944.
Incidental History.
The prehistoric mound at Duncan bears marks of ancient human
handiwork. It has, therefore, long been an object of curiosity, not
only to people of our own race, but also to the Indians on whose land it
is located. The site is part of what is now known as the Comiaken
Indian Eeserve. The Salishan word Comiaken was given long ago as
a name to the aboriginal settlement in the neighbourhood of which this
mound is located. The meaning of this word is said to be "the first
man." Those who are familiar with European translations will agree
that even when an idiom of one language is converted into another
language of more or less common origin, it is difficult enough to find
a translation that will convey the exact shade of meaning. But, when
an idiom of an Amerind language such as the Salishan is converted
from its very foreign elements into English, the difficulty of exact
duplication of meaning is very much greater. Therefore, it is suggested that the translation of the compound word Comiaken, if converted into terms of really modern English, would be better expressed
as " the prehistoric man." Whatever the ultimate decision as to this
translation may be, there will always remain the theory that the Salishan ancestors who gave the name Comiaken to the later-day Indian
settlement were cognizant of the pre-Salishan human occupation represented by the mound and thus were aware that the territory on which
they had elected to live had been previously occupied by a former race
of what was to them prehistoric man. In other words, the theory is
that they named their settlement in consequence of and in reference
to their knowledge of the prehistoric men who had lived there before
them.
The site on which the mound is located is now owned by Canute
Lemo, of Koksilah, whose affairs under the Indian Act are controlled
through the Indian Agency at Duncan. Canute Lemo is a full-blooded
Indian over 80 years of age; he and his son, Chris Canute, both took
an active interest in the digging operations conducted by the Provincial Museum. These and other Indians of the reservation confessed complete ignorance of the origin of the mound and did not recognize it as being the burial-site of any of their own people, thus they
had not the slightest hesitation in giving their consent to the mound
being opened when the project was broached to them through the cooperation of the Indian Affairs Branch of the Department of Mines
and Resources.
, As is natural with such landmarks, various stories have become
associated with this mound. Chris Canute remembers many such stories
as told by his grandmother, who was born about 1838.   One of these 1947 Prehistoric Cairns and Mounds. 251
stories speaks of the occupation of the spot by a contingent from the
Hudson's Bay Company's fort at Victoria, consisting of a number of
Governor Douglas's mounted police, known as voltigeurs, who arrived
on the scene on a punitive expedition in 1856.1 A white settler had
been shot by an Indian and H.M.S. Trincomalee had been sent into
Cowichan Bay,2 whence, according to Canute, she bombarded the Indian
houses, causing the Indians to flee in terror to the woods.3 The Indian
account reflects vividly the awe experienced on the flash of fire, together
with the smoke and the echoing rumble of the guns. The people ran
from their houses and, not knowing which way to turn to avoid the
danger, they joined together in groups within the fringes of the wood,
taking comfort in the presence of each other as though by mutual
support they might be able to steady the quailing of their bodies and
silence the crash of doom which rumbled so ominously in their ears.
When at last the men from the warship came ashore, they camped in
the vicinity of the mound, from which high ground they could scan
the surrounding country. Then the terrified Indians were glad enough
to point out the hiding-place of the murderer, who was ultimately
hanged to the limb of a near-by oak tree. The twigs of this tree still
spread their green foliage in the vicinity of the mound.
The second story connected with the mound, as related by Canute, is
that of the coming of Father Peter Eondeault.4 Canute says a story
concerning the deeds of his grandfather runs in the family tradition
somewhat as follows. One day a ship came into Cowichan Bay and the
then chief, Lo-ha, who was standing on the hill by the mound, saw a
lone man come ashore. The stranger was dressed in black and, having
nothing in his hand, he walked in the direction of the Indian village
while the ship sailed away. This was rather surprising to the Indians,
since their first experiences of the new white people had been through
demonstrations in force; they did not know what to make of a man
who would so deliberately deliver himself into their hands.   So Chief
(1) R. H. Coats and R. E. Gosnell, Sir James Douglas (Makers of
Canada Series), Toronto, 1908, p. 218.
(2) H. H. Bancroft, History of British Columbia, San Francisco, 1890,
p. 236.
(3) This was the second of such punitive expeditions. The first had
been carried out by H.M.S. Thetis in 1853, to avenge the death of a young
shepherd in the employ of the Hudson's Bay Company who had been murdered by two Indians. On this occasion we are told that the commander
of the vessel had specific instructions from Governor Douglas not to fire
the guns of the ship. See W. N. Sage, Sir James Douglas and British
Columbia, Toronto, 1930, pp. 178-180.
(4) Rev. M. M. Ronden, " The Cowichan, Saanich and Kuper Island
Missions," British Columbia Orphan's Friend Historical Number, December,
1913, pp. 41, 42. In 1858 Father Rondeault paddled his own canoe from
Saanich with " a sack of flour, a gun and his breviary." Hospitality was
extended to him by an Indian named Gabriel Tsulchamet. The coat of the
Indian is described as " His battle coat, a ragged skin vest adorned with
shells and fringed with locks of hair of women." Traditionally these locks
were those of his enemies killed in battle. 252 A. E. Pickford. October
Lo-ha called Canute Classiston and, full of bewilderment, they went
down to greet the black-robed priest; here again they were surprised,
this time by his care-free manner and the friendliness of his approaches.
When they learned that he had come to live with them always and to
teach them how to improve their ways, they had their people build for
him a little shelter made of rude boards and lined with mats, in which
he lived all of the first summer of his mission. Later the Indians supplied him with logs, from which the good father built his own permanent quarters. This, and all that Father Eondeault did, awoke in them
a respect so deep that, when he proposed to build the stone church
which is still standing on the hill, they were ready to supply all the
labour that was needed and joined eagerly in the work. The large
rocks used in this edifice were all moved to the spot by the natives,
some having been brought from the quarry which is still seen by the
roadside just below the church.
Father Eondeault also is said to have taken an interest in the
mound; this primitive monument being so close to his own most
modern building, he was no doubt interested in the dominance of his
own Christian monument over what he would have referred to as
" this pagan burial." From one Indian source he is reported to have
dug down in an attempt to open the centre of the mound but, having
come across a piece of cedar board of native workmanship, he is said
to have been warned thereby and to have abandoned the attempt.
In support of this story there is something of a cavity on the top of
the mound which may have been caused by someone digging, although
more probably it was caused by the decaying of a tree which preceded
the Douglas fir now standing. The interior of the mound, when opened
up in September, 1944, showed no sign of previous disturbance, but
some dead roots of a former tree were found.
The Project.
The interest of the Provincial Museum in this project was stimulated by three considerations:—
(1) The fact that this mound was not recorded on the composite
map published by the Jesup North Pacific Expedition, indicating that it had been overlooked by former investigators:
(2) The fact that this mound differed from other such monuments
in that it stood alone, there being no present sign, nor memory
among the Indians, of other associated mounds in the vicinity:
(3) The fact that this is practically the only earth mound to be
studied scientifically within the Island area, 98 per cent, of
similar monuments hitherto examined having been in the nature
of stone cairns.
Thus, in the hope that the mound might yield new information on
this very interesting phase of the most primitive life in British Columbia, permission was obtained from the Indian Affairs Branch, Ottawa,
to proceed with the work. 1947 Prehistoric Cairns and Mounds. 253
The Site.
The mound stands on a gentle slope near the top of the low hill on
the summit of which is found the old stone church erected by Father
Rondeault in 1870. The mound is approached by a short private road,
being the first turning to the left, or southward, after passing the old
stone church on the northward journey along the old main road from
Victoria to Duncan. Even at first sight the mound gives the impression that it was constructed to record some outstanding event or tragedy of major importance; it also immediately conveys an- impression of
great antiquity. The choice of the site is in itself remarkable, to the
south and west a superb view opens up over the rich delta lands in
which the Cowichan Eiver mingles its waters with those of the Koksilah
just before these rivers enter Cowichan Bay. In this delta land some
of the old Indian houses are still standing, and dug-out canoes containing primitive fishing equipment can still be seen moored along the
banks of the sluggish water. To the north Mount Prevost stands up in
bold prominence and, over the hill, Mount Tzouhalem, named in memory
of a dreaded chief, carries many a legend connected with the isolation
ceremonies of the local tribes.
In the immediate vicinity of the mound and about 200 feet to the
west is one of the sloughs of the, Cowichan Eiver which is navigable at
high water and which lies about 43 feet below the elevation of the
mound. Near this water the slope flattens out, and here, where the
turf is broken, shell debris is seen in sufficient quantity to indicate that
this lower portion of the slope may have been at one time the site of
a native settlement.
Description of the Mound.
Surmounting the mound and close to the centre of its periphery is
a Douglas fir tree 9 feet 6 inches in circumference at breast height.
This tree was bored with a 16-inch increment borer, by means of which
the age was determined as approximately 90 years. Since evidence
gathered from this and similar mounds indicates that this monument
may be well over a thousand years old, it will be seen that the presence
of so young a tree has no real relation to the original history of the
structure. Below the tree the mound rises in a gentle gradient, which,
due to the slope of the natural surface, is longer on the southwest side
and shorter on the northeast. The height of the structure above the
natural level taken at the centre of the mound is about 5 feet 6 inches.
The perimeter of the structure is defined by a rough circle, from 33 to
38 feet in diameter, and is marked by irregular rocks of local origin
which are very much weathered and range from 6 to 18 inches in
length. The greater part of each of these is sunk in the turf, and on
the south side they merge with other natural rocks of the same kind,
from which they are scarcely distinguishable. On the upper side of
the mound is a shallow depression, which indicates a borrowing of soil
from this spot for the heaping of the mound. Another less distinguishable but larger area of borrow-pit seems indicated about 60 feet away 254 A. E. Pickford. October
to the northwest. The structure of the mound supports this notion of
local borrowing, the soil being similar to that of the natural surface
and there being no evidence of sand or soil carried from a distance,
such as seen in the Hatzic area by Hill-Tout.
The Opening of the Mound.
The mound was opened up from the up-hill or northeast side, a ditch
about 3 feet wide being dug in the direction of the centre of the mound.
No evidence of stratification was found, nor were there any varying
layers of soil. In the working of the ditch occasional evidences of fire
were found, particularly about 4 feet from the centre and about 15
inches below the surface, where pieces of charred wood about 4 inches
square in section were removed. There were no ashes in conjunction
with this charcoal to indicate that a fire might have been lit on the
mound itself while it was in process of building. The indications were
rather that the charcoal had originated in fires lit in the vicinity of the
borrow-pits and had been conveyed with the borrowed earth to the
mound. A rough semblance of a wall of native rock on the northeast
side flanking the upper edge of the borrow-pit may have had something
to do with the burning of ceremonial fires.
The progress of the digging near the centre of the mound was
hampered by strong roots from the Douglas fir tree which penetrated
deep into the mound, but, on these being removed, the long-expected
stone cyst soon came into sight, and strangely it was almost directly
under the main trunk of the tree. After working away considerable
quantities of soil, the cyst was seen to be composed of large natural
angular slabs of rock varying from pieces 2 feet by 1 foot by 4 inches
of oblong outline to pieces of less regular shape, but all were larger by
far than the average rocks found in the vicinity of the mound. These,
therefore, may have been carried from some distant point. The cyst
appeared to be roughly circular in outline, having a diameter of about
3 feet inside measurement. The interior was compactly filled with
earth fine enough to have infiltered through the dome of the cyst, but
there was no evidence to show that this earth had not been part of the
original structure. The rocks of the cyst were sufficiently overlapped
and the capping was done in such a manner that the cyst may originally
have stood without this interior support.
No relics or human remains of any kind were found in the digging
other than a small quantity of very fine ash on a level with some
unburned vegetable debris which marked the original surface of the
soil. There was no evidence of a shallow cup having been made in this
surface for the receipt of human remains, such as noted by Deans and
others in the southern part of Vancouver Island. In order that there
might be no doubt as to a burial below this orignial surface, the
digging was continued down to bed-rock, about 15 inches below the
original surface of the soil. By testing with small holes dug on the
natural slope above and below the mound, this bed-rock was found to
continue with some uniformity under the whole area. 1947 Prehistoric Cairns and Mounds. 255
Conclusions.
That there is considerable variation in the prehistoric mounds-found
on and in the vicinity of Vancouver Island is evident from a perusal of
Appendix B, which shows tabulations compiled from the records of such
mounds as have been excavated by former investigators. Whether
this variation arises from difference of habit due to changes brought
about by progression of culture with the advance of years or whether
it was caused by the impulse of the moment, or governing local conditions, it is impossible to say.
We have, however, no hesitation in saying that the Canute-Comiaken
mound of Duncan belongs to the same remote period of culture which
marks the origin of the mounds centring around Victoria, Saanich,
Hatzic, and Puget Sound. We base this conclusion on the evidence
gathered during the digging and exploration of the Duncan mound
as herein recited and especially on the striking similarity between
this mound and the general construction of the mounds in the surrounding area, and also on the elevation of the site above the water-
line, which latter factor is in agreement with Deans' records of similar
constructions.
Although it was impossible to identify any, even of the smallest,
human remains in the small quantity of ash found on the floor of the
cyst, yet the presence of this cyst and of the ash on the unburned
vegetable debris of the floor, taken in conjunction with what we know
of the other mounds in the vicinity, indicates a human burial in which
the body was cremated outside the periphery of the mound, with a
subsequent transference of what could be gathered of the ashes to
a specially prepared site.
Finally we would point out that the manner of cremation, taken
together with the use of the small box-like cyst in the burial mounds of
this vicinity, adds another item to the mass of evidence already
gathered, all of which is contributory in favour of the proposition that
a close relationship existed between this early culture of the Amerind
peoples and that of the late Neolithic races of Asia.
Subsequent Use of the Mound.
It has been suggested that the stones of the cyst be restored to their
original place, that a small retaining-wall be constructed to keep open
the trench dug in exploration, and that the mound be encircled with
a fence. When this is done and a suitable plaque erected, we suggest
that the mound be declared an historic monument and that facilities be
given for its inspection by tourists. This proposal has received the
approval of the British Columbia Government Travel Bureau, and
formal permission from the Indian Affairs Branch, Ottawa, is being
negotiated.
A. E. Pickford.
Victoria, B.C. 256 A. E. Pickford. October
APPENDIX B.
A Tabulation of Prehistoric Mounds and Cairns of British Columbia, compiled from Harlan I. Smith and Gerard Fowke,
" Cairns of British Columbia and Washington," Memoirs of
the American Museum of Natural History, Jesup North
Pacific Expedition, Vol. IV. (Anthropology Vol. III.), No.
II. [New York], 1901, pp. 55-75.
Cairns.
North Saanich, 1898 Excavations.—Twenty-one cairns were examined. Many were built on top of shell heaps, usually the stones forming
the cyst constituted the greater part of the structure, being composed
of a single row of large stones, while the space between this outer wall
and the cyst was filled with small fragments of boulders and soil.
Bodies of the dead were usually flexed, laid on side on surface or in a
shallow hole. Twenty cairns contained cysts. (Stone rings, none.)
Two reported as surmounted by large trees all contained human
remains. Four showed definite signs of cremation. In one the skeleton
had been " redistributed." In one the skull was missing. Associated
objects include a chipped arrowhead and a rough copper object; a stone
mortar covered one skull and some shells (unnamed) were found in
one cyst.
North Saanich, 1899 Excavations.—Twenty-three cairns were examined. Seven contained definite cysts. One had no cyst, the body being
buried in the earth and a cairn over. Nine were reported as having
" cairns and cysts in one." Two were mere stone heaps. Four (two
with cysts as above) were cairns filled with yellow clay. All contained
human skeletons, one skull missing. Four showed definite signs of
cremation, this having been conducted outside the periphery of the
cairn. One uncremated skeleton was covered with a single stone. In
one the skeleton was covered with earth and then with boulders. Only
two were reported as surmounted by trees. No associated artifacts
were found.
Cadboro Bay.—Twenty-four cairns were examined. Four were
rectangular in plan. Three had well-defined cysts. In ten or more
the cairns and ill-defined cysts appeared to be one. In one the rocks
were piled right upon the skeleton. In three the cairns were more or
less covered with earth. Two had slight depressions around, and one
was a grave surrounded by small stones. The maximum size of the
cairns was roughly 15 feet by 15 feet by 2 feet 6 inches high. Thirteen
had skeletons more or less complete. Three skulls were reported as
" flattened and laterally compressed," and one skull as " flattened back
and front " (these being artificial deformations made during life). In
six cairns were only fragments of human skeletons, and in three there
were no traces of human remains.   No signs of cremation were reported. 1947 Prehistoric Cairns and Mounds. 257
Whidbey Island.—Ten cairns were examined, each contained a skeleton. Many of these cairns were built at the sides of large boulders
which, undoubtedly, were already in situ before the burial; in these
the skeleton lay on its right side with its face towards the large boulder
and head directed to the west. No cysts were reported, the body being
covered by heaping small stones.
San Juan.—Six cairns were reported; these were shown to be very
ancient. Two of these were examined; in each was a cyst containing
human remains. Evidence indicated that cremation had been practised
outside the periphery of the cairn. One cyst contained an almost
complete skeleton which was charred; this cairn was 25 feet square.
The second cairn examined was 12 feet by 8 feet by 3 feet high; in this
the cyst contained nothing but a little ash. On top of one of the
remaining cairns was a boulder estimated to weigh 1,000 lb.; this one
was on Turn Island.
Lopez Island.—One cairn was examined, it being 12 feet by 8 feet
by 3 feet high. No cyst was reported, but the cairn contained a skeleton which had been subjected to partial cremation. This cairn was
heaped over with earth and supported a tree 6 feet in diameter. Other
small stone cairns were reported on the shores of Hunter Bay.
Mounds.
It should be noted that all of the above cairns were either on
Vancouver Island or on the Gulf Islands. The total of those examined
was eighty-one, and many others were reported. In all this area
Mr. Harlan Smith and his associates found but one earth mound, and
even that was very much in the nature of a stone cairn covered with
earth. On the Mainland, however, practically all such monuments were
of the nature of earth mounds; unfortunately, in the early development
of the Fraser Valley and delta, many of these mounds had been levelled
by farmers and others before they began to attract the attention of
anthropologists.   Nevertheless, records are available of the following:—
Cadboro Bay.—This is the one mound for the Island area referred
to in the paragraph next above; it was found standing amid the
twenty-four cairns above reported and was seen as an earth mound
18 feet in diameter and 3 feet high. In the centre was a rough stone
cyst made up of sixteen stones, six of which weighed from 200 to 500
lb. each and the other ten from 20 to 75 lb. each. In this cyst was
a skeleton, apparently uncremated. A slight depression—especially
when allowances have been made for the levelling influences of the
natural elements—indicated a borrow-pit technique similar to that
reported at Duncan in the main body of this discussion.
Port Hammond.—Two circular mounds were reported, one 24 feet
in diameter by 5 feet high and the other 10 feet high. No cysts were
contained. The skeleton in one was laid lengthwise; in the other
burned clay and ashes indicated cremation outside the periphery of
the mound. 258 A. E. Pickford. October
Hatzic.—Circular mounds of earth were found, several of them
having interior stone cysts and circular rows of small stones. Three
of these were examined in 1894 by Mr. Fredrick T. Lazenby, who
reported on them for Mr. Smith's publication as follows:—
(1) About 24 feet in diameter, 7 feet high, flat on top, 14 feet in
diameter. Surmounted by an old cedar tree 8 feet in diameter.
Large boulders, almost touching one another, encircled the base
of the mound. Similar boulders formed a second ring 18 feet
in diameter (therefore within the mound itself). The cyst was
4 feet square and 3 feet high, covered with a flat stone. Body
flexed, facing east. Long-headed skull; hair rusty black.
A broken copper needle,1 7 inches long by three-eighths of an
inch at base, and three oblong plates of copper 3% inches by
2% inches, each with an oblong hole, all enclosed in cedar
bark, were found within the cyst. A small piece of fabric of
mountain-goat wool was also found.
(2) Mound under C.P.E. embankment, similar to the above, with
cyst;  not opened.
(3) South side of railway slightly west of No. 1. In the cyst was
found the skull of a long-headed woman. A copper ring
enclosed in cedar bark and a long strand of hair were found
with it.
(N.B.—Lazenby specifically states in connection with the stone
circles that no mound was found in which such stones formed squares,
nor were they laid more than one tier high. Hill-Tout, however, has
shown some such, for details of which see his article previously referred
to herein.)
Pits.
Point Roberts.—Pits from 5 to 15 feet in diameter, and from 3 to 5
feet deep were found to contain human skeletons. In one were four
skeletons, bones disarranged. Evidence suggests bodies placed in boxes
buried in pits and covered with boulders. No artifacts. Some pits
surrounded by boulders.
(1) See Plate I. 1947 Prehistoric Cairns and Mounds. 259
APPENDIX C.
Antiquities of This Island (by James Deans).
Cairns—Their Appearance, Probable Age, by whom Constructed,
Their Past and Present Uses.1
So far as is known, there are but two sorts of Cairns on this Island,
or perhaps on the whole coast from the Columbia river northward.
First, the earth mounds, or burrows, constructed of earth and stones,
as already described, and the stone cairns; that is, stones collected from
the boulder drift and roughly filled up in a conical shape—grey,
uncouth, moss-covered, hoary sentinels guarding the remains of a race
who, one and all of them, have finished their journey through life with
all its toils and troubles, joys and sorrows, leaving nothing, but these
rude cairns to tell to future generations their existence. That they
are very old, there is no room to doubt. The hoary l[i]chen, which
covers the grey stones of their sides, or the gnarled oak, on the top of
them, proclaim to wandering man that their leaves have dropped the
dews of summers, and their branches have bent before the storms of
winter for a thousand years. Even the old bones as they crumble to
■ one's touch seem to say " leave us alone to our long rest, we belong not
to your day or generation." Running down the pages of history, we
find that mounds or cairns were the earliest modes of sepulture. There
were the monuments of the heroes of the Trojan war, and how much
earlier we do not know. They (the larger form of burrows) are dotted
like low, natural hills over the steppes of Tartary; they are found
buried under the rank tropical vegetation of Central America, monuments of races of whom no other relics remain. Human remains have
been found up the Fraser sixty feet below the surface—remains probably of a people who lived contemporaneous with teose [sic] who raised
these cairns. As yet we have not found any lower than 80 feet above
water mark, although we have found many a great deal higher. At
Cadboro bay there is an ancient sea beach, well defined. Leaving the
edge of the water at present, you ascend a steep slope and gain a flat
four or five hundred yards wide; leaving this flat you reach another,
after having climbed a second steep bank say 60 feet in height, resembling in nearly every instance the present one at the water's edge.
Along the brink of this second slope is a line of mounds of various
sizes—generally two or three smaller ones around a big one. We find
them extending along the brink for a distance of nearly half a mile.
At one time, there is no room to doubt, the sea washed the bottom of
this slope. If so, then the remains were buried on the sea shore,
whereas now they are nearly a quarter of a mile back from it. If the
subsidence of the waters was caused by an upheaval, I think 3000 years
must have elapsed since then that being the time I allow the waters,
to have formed the lower slope or terrace, as it is in its present state.
(1) Victoria Colonist, January 30, 1872. 260 A. E. Pickford. October
All along the upper slope are hollows where water had run. In several
of those hollows are small cairns. Now these cairns must have been
placed there after the water ceased to run. Whether they were placed
there before the subsidence of the water is very hard to say, probably
they were placed shortly after. Judging by the dryness of the ground
and the decayed state of the bones I think I may allow 2000 years as
the probable age of the cairns. One thing is very curious; the absence
of them under 30 feet above high water mark? By whom they were
constructed is the point to be considered. Whether by the forefathers
of the present Indians, or by a race long extinct? The people who
built them, whoever they were, were identical with those who raised
the cairns on mound prairie, Yamhill county, Washington Territory,
and in Oregon, and (who knows?) the ancient cities and mounds in
Central America as well. When once the cairns and mounds on this
Island are fully explored and compared with these in Yamhill county,
no doubt a great amount of historical light will be thrown on them;
at present too little is known, for any person to form an idea at all
plausible as to the race by whom thed [sic] were raised. We have
never been able to obtain a whole skull as yet, they having crumbled
away on exposure to the air; but I have found enough I think, to lead
me to believe that the skulls of the cairn-builders were smaller than
those of the Indians of the present day. Be that as it may, further
discoveries will decide. jAMEg Deans
Cairns, Their Uses, Past and Present.2
The only monuments to which people in a rude state of civilization
seem to have been anxious to give durability, are their are [sic] graves,
and to the contents of these we must look for any traces of the character and manners of those who built them. From the remotest ages
it is customary to mark for future generations the last resting place
of the honored dead by raising mounds more or less elevated, according
to the power and influence of the deceased. The larger and more perfect the mode of construction of the mound or cairn, the more did it
show the power and influence of the person to whose memory they were
erected, which can be proved from the fact that if we find a small or
badly constructed mound we are sure to find, on opening it, that it
encloses the remains of a child or a young person. If a grown-up person they must have had no property. The more they seem to have
had to give away, the more pains were taken with their cairns. It is
customary to this day amongst the Northern Indians to give their
children an ugly name on purpose to inspire them to acquire property,
with which they can buy an honorable name from their Chief; and
also that they may attain habits of industry and ultimately become
Chiefs themselves, when all the tribe will come and build them a
respectable house with their family crest   (an eagle or a crow, or
(2) Ibid., January 31, 1872. 1947 Prehistoric Cairns and Mounds. 261
beaver,) whatever it may be, cut out on a spar and set on end at their,
door and when dead will give them a respectable pole, box and copper
plate to make their rank in life, the pole being set up on an end with
the body in the box and the copper plate underneath. This seems to
have been the case with the people who left those cairns. When a
chief died all the friends and tribe came and filled up his cairn, he
having had the means to give them presents. Thus they in turn raised
a high and perfect cairn. To the poor they raised a mean cairn.
Sometimes we find a long mound with two or three little ones around
them. These little ones I think must have been the slaves of the
deceased or the children perhaps. Let us turn to the pages of the
past and fancy ourselves in the habitations of the primitive people.
Should a a [sic] Chief or a warrior die or be killed in battles, wood is
gathered and a pile raised. The body is placed on the top of it, a fire
is kindled, it smokes and blazes, the body is consumed, a hole is being
dug, the astfes are gathered and put away in the hole, (the receptacle
in the inner circle) large flat stones are thrown in and the mound is
piled up. It is finished, and the ashes are left to their long repose.
Somewhat after the manner of the early Saxons, as is described in an
ancient poem—the adventures of Beodulf [sic]:—
Then the heroes, weeping,
Laid down in the midst
The Famous Chieftain—
Their dear lord.
Then began on the hill
The warriors to awake,
The mightiest of funeral fires
The wood smoke rose aloft;
Dark from the fire
Noisly it went.
Mingled with weeping.
Command the war chiefs
To make a mound
Bright after the funeral fire
Which shall be for a memorial
To my people.
James Deans.
Cairns, Their Uses, Past and Present.3
The next thing in order to be noticed is the shape of the cairns.
In ancient times the circle had a religious significance in relation to
the rites of sepulture. Now in the cairns there is the inner circle or
the receptacle. Next again, are the two outer circles. Now in ancient
mythology the circle refeered [sic] to eternity, and the central point
to time.    The garden of Eden was of circular form, and the Tree of
(3) Ibid., February 1, 1872. 262 A. E. Pickford. October
Life was placed in the centre (Gen 11, 9.) Now as this was reported
to convey the privilege of immortality the centre would hence be
esteemed the most honorable situation and be ultimately assigned to
the Deity. The tribes contiguous to Judea placed an emblem in the
centre of a circle as a symbol of the Deity surrounded by eternity.
The Smothraciana had a great veneration for the circle, and hence
rings were distributed to the uninitiated as amulets possessed of the
power of averting danger. The first settlers in Egypt transmitted to
their posterity an exact copy of our own point within a circle of boundless light, in the centre of which the Deity is supposed to dwell. The
number one was the point within the circle, doubled the central fire
or God. The point within the circle afterwards became a universal
emblem to denote the temple of the Deity, and referred to the planetary
circle in the centre of which was fixed the sun, as the universal God.
Servius tells us that it was believed that the centre of the temple was
the peculiar residence of the Deity, exterior decorations being most
ornamental (Serv. Georg. 3.) Hence the astronomical character used
to denote or represent the sun is a point within a circle, because that is
the figure of protection. The most perfect metal, gold, is also designated in chemistry by the same character. With this reference the
point within a circle was an emblem of great importance amongst the
British Druids. Their temples were circular, many of them with a
single stone placed in the centre. Their solemn processions were all
arranged in the same form and without a circle it was impossible to
obtain favor of the Gods. The rites of divination could not be securely
and successfully performed unless the operators were protected within
the consecrated periphery of a magical circle. It is remarkable that,
in all the ancient system of Mythology the Great Father, or the Male
Generative principle was uniformly symbolized by a point within a
circle. In the latter ages of idolatry the point within a circle, with an
unequivocal allusion to the public worship, was the principal object of
veneration with all people in the world. After what I have said my
reader will be able to see how marked an affinity exists between these
points within a circle and receptacles of the cairns, which are nothing
more or less then [sic] the same sacred point within a circle. It is,
I think, worthy of notice that the remains should be put in the exact
spot on the circle where the point is always put—that is in the centre of
it. It is also remarkable that in every cairn the skull should be put on
the sun side of the point—that is the bones pointing northward, while
the skull was due South. By the order of construction it was necessary
to build the cairn at once, and not by the accumulated deposits of years,
as in Scotland. In Scotland it was customary when a person has been
found by the wayside or on the moor, when he had been murdered or
had perished in the storm, to bury him where found, and every passer
by threw a stone on his grave until in after years they grew to vast
dimensions.    Hence the saying—" I will add a stone to his cairn."
James Deans. 1947 Prehistoric Cairns and Mounds. 263
Trap Holes.4
Hardly any person can have failed to notice by hill sides or forest
glades and more particularly by running water, spring or swamp, large
holes about six feet in diameter, and six or eight feet in depth, and
looking like wells under a willow bush, for now a large willow generally
grow [sic] out of them. These holes, long after this island is cleared
and settled, and their uses forgotten, will puzzle many a wanderer.
These holes were used as pitfalls to trap game (deer in particular)
before the Indians had firearms. Their mode of construction was as
follows: A circular hole with perpendicular sides was dug and carefully
covered over with green boughs of grass and earth, resting on wood.
Strong enough to bear the covering, but nothing more in order that deer
passing over it would drop through. When once at the bottom deer
could never get out again. The Indians used the holes regularly when,
if they found game, they would club them to death and pull it [sic] out,
In some places they are found singly, while at others they are found in
grc-ups chiefly near the water, as I said before. Some of them are
very old I have found them by the sides of what must hav& been a
large swamp, although at the present time nearly dry and covered
with timber. I have seen one of these holes with part of the wood
covering remaining. These pitfalls ceased to be used on this part of
the Island after firearms became plentiful.
There are other holes or hallows [sic] scattered all over on dry or
hilly ground, mostly where the Indians were, or have dwelt. They are
of all sizes, but not more than 2 feet in depth. These holes are at the
bottom full of stones and burnt wood. They were always and are still
used as places for cooking the roots of the camaos [sic]. I have seen
them in operation; the Indians use them in this fashion. First a hole
is dug, a fire is made of wood at the bottom, stones are pu[t] into it when
red hot, the roots are put on and covered with pine boughs, while water
is thrown over the mass, which is left to cook and steam.
J Deans.
(4)  Ibid., February 8, 1872. THE WORK OF VENIAMINOV IN ALASKA.
During the Russian occupation of Alaska there were many
men whose work is worthy of recognition. Two stand preeminent—Baranov, the builder, and Veniaminov, the priest—and
appropriately enough they represent the two divisions of authority—church and state. Much has been written about Baranov,1
both in history and in fiction, but Veniaminov seems to have been
overlooked, and this brief sketch is an effort to recount the role
he played in Alaskan history.2
Veniaminov was born on August 26, 1797, in the village of
Anginsk, near Irkutsk, Siberia, the son of Eusebius Popov, sacristan of the Church of St. Elias. He was christened John Popov.
The family was poor, and at the age of five John began to receive
instruction from his father. Upon the death of the latter two
years later the young boy was adopted by his uncle, Demetrius
Popov, who took him into his own home and gave personal attention to his education. He proved to be an apt pupil, and at the
age of nine entered the theological seminary at Irkutsk. Here he
continued to come under the influence of his uncle, not only in
matters relating to his religious studies, but also in what we
would now call manual training. This latter accomplishment
proved to be most valuable to him in his work in Alaska. One
of his first efforts was the construction of a water-clock, the
frame and hands of which were of wood and the wheels were
turned by water dropping on a piece of tin.
In 1814 a new rector came to the seminary and decided to
change the names of the students.    John, now seventeen, was
(1) Hector Chevigny, Lord of Alaska; Baranov and the Russian Adventure, New York, 1942; Florence Willoughby, Sitka, portal to romance,
Boston, 1930; and C. L. Andrews, "Alaska under the Russians—Baranof
the builder," Washington Historical Quarterly, VII. (1916), pp. 202-16.
(2) The standard biography of Veniaminov has never been translated
from the Russian. Two English sources are available, and upon these the
author has drawn heavily for information: The Life and Work of Innocent
the Archbishop of Kamchatka, the Kuriles and the Aleutian Islands and
later the Metropolitan of Moscow, San Francisco, 1897; and A. P. Kashe-
varoff, " Ivan Veniaminov, Innocent, Metropolitan of Moscow and Kolomna,"
Alaska Magazine, I. (1927), pp. 49-56, 145-150, 217-224.
British Columbia Historical Quarterly, Vol. XL, No. 4.
265 266 Archie W. Shiels. October
the outstanding pupil of the seminary, and to him was given the
name Veniaminov, in honour of Benjamin, Bishop of Irkutsk, an
outstanding and greatly beloved churchman who had died that
year. From that time until he himself was consecrated a bishop,
he was known as Veniaminov. In 1817 he was ordained a deacon
of the church and became a teacher in the parish school. The
next year he was ordained a priest and continued at the Church
of the Annunciation, where he became extremely popular. In
1823 the Holy Synod ordered the establishment of a mission on
Unalaska Island. Great difficulty was experienced by the Bishop
of Irkutsk in finding a priest for this hazardous undertaking, and
in the end the embarrassing situation was relieved by Veniaminov offering his services. Thus it came about that on May 7,
1823, accompanied by his wife and year-old son, Veniaminov set
out from Irkutsk for Yakutsk on the Lena River. From thence
they travelled overland to Okhotsk, where they boarded a vessel
sailing to Sitka. Eventually on July 29, 1824, their destination
was reached.
Unalaska is one of the largest of the islands of the Aleutian
Archipelago. Veniaminov was unperturbed by the primitive
conditions he encountered. Only an old wooden chapel was in
existence; temporarily he and his family lived in a native underground hut. Almost immediately he set himself the task of
erecting a new church and dwelling-place. His first step was to
teach the natives the art of building and carpentry, as well as
brick-laying and masonry. In July, 1825, the corner-stone of
the Church of the Ascension was laid. Much of the work was
done by Veniaminov, and at the same time he built his own home
and made the furniture for it.
An even more difficult task was the study of the Aleut language, for unless he was able to converse with the natives in their
own tongue, his work as a priest would be seriously hampered.
His parish was large, covering, as it did, all of the Aleutian and
extending to the Pribilov Islands. Each year Veniaminov travelled thousands of miles, by sea in a baidarka (skin canoe) and
occasionally with dogs and on foot. Knowing the climate of the
Aleutians—almost incessant rain, fog, and wind—one can well
imagine the privations he must have suffered on such journeys.
It is said that he was often forced to go hungry, generally wet to 1947 Veniaminov in Alaska. 267
the skin, and most of the time living in dirty, smelly, cold native
huts.
A true disciple of the Master, he was untiring in his efforts
to teach his flock and to give them an understanding of the
Christian religion, and to that end, soon after he had mastered
the language, he commenced to translate the sacred books into
Aleut. The first to be translated was the gospel of St. Matthew.
At the same time he opened a school, where he taught the Aleuts
to read and write. His efforts were further complicated by the
fact that he had to invent an Aleut alphabet. Long were his
hours; he spared himself not one bit in his effort to bring the
Word to his children (as he called them). His reports to his
superiors, or such of them as have been translated, clearly indicate his attitude to the Aleuts and throw light on the success
of his efforts.
Of all the good qualities of the Aleuts nothing gave me more pleasure
and satisfied my heart than the diligence they had for listening, or more
properly the thirst they had for hearing the Word of God, for a most untiring preacher could become weary sooner than their diligence become lessened.
. . . I acknowledge openly that during such conversations (or preachings),
I experienced in fact the consolations of the Christian faith, those sweet and
unspeakable touches of grace, and therefore I owe the Aleuts more thanks
than they owe me for my work, and I will never forget them.a
Veniaminov laboured with the Aleuts for ten years. In that
time, in addition to the translation of the gospel of St. Matthew,
he translated part of the gospel of St. Luke and the whole of the
Acts of the Apostles, as well as the catechism and much of the
liturgy of his church. His interest in linguistics prompted him
to compile a grammar of the Aleutian-Fox language and, based
upon his long experience in the area, he wrote a series of scientific studies—Notes on the Unalaska District—describing the
population, climate, and products of the region.
In 1834 Veniaminov was transferred to Sitka, then the centre
of Russian activity in Alaska. Immediately upon his arrival, on
November 22, he realized that a new situation confronted him.
His beloved Aleuts were a quiet, easy-going race, with no thought
of hatred in their make-up; the inhabitants of this area, the
Kolosh or Tlingit, on the other hand, were a warlike race, arrogant and proud.    They were hostile to the Russians and were
(3)  The Life and Work of Innocent, p. 10. 268 Archie W. Shiels. October
still brooding over their defeat by Baranov and Lisiansky in the
recapture of Sitka in 1804 and plotted revenge for the loss of life
suffered at that time. It is possible that officials in Russia, having in mind Veniaminov's success with the Aleuts, urged his
assignment to Sitka in the hope that he might be able to cope
with the Tlingit warriors.
As he had done at Unalaska, he set about learning the Tlingit
tongue, always watching for an opportunity to gain the confidence of this savage people. He went amongst them freely and
fearlessly, which in itself inspired their confidence, for brave men
always admire bravery in others. After a time, even though
unable to do much real church work among them, he discovered
that individually they were growing to trust him and to welcome
him as a visitor in their homes. He went about his work with
great care, never missing an opportunity to try to sow the seed
of religion in their hearts. Schools were opened for the children
and, as in Unalaska, he gave them instruction in manual training.
He was interested in their physical welfare as well and introduced inoculation against disease. In fact a serious outbreak
of smallpox in 1836 at Sitka gave him his great opportunity.
Indian casualties were high, and the chiefs, quick to notice that
very few Russians were taken ill, sought the help of Veniaminov.
Taking a doctor with him, he had all that would consent inoculated. Thereafter he was revered by the Tlingits, for he had
provided protection from the plague when the local shaman were
helpless.
Veniaminov still found time to indulge his interest in mechanical work. He constructed a tower clock for his church, made
musical instruments, as well as furniture for the church and his
home. In fact his prowess in this line won him high words of
commendation from Captain Edward Belcher, R.N., who visited
Sitka in September, 1837, on H.M.S. Sulphur. He thus recorded
his impressions of Veniaminov:—
I visited their church, and witnessed the ceremony. The interior of the
edifice is splendid, quite beyond conception in such a place as this. The
padre, who officiated in his splendid robes, was a very powerful athletic man,
about forty-five years of age, and standing in his boots (which appear to be
part of his costume) about six feet three inches; quite Herculean, and very
clever. I took a great liking to him, and was permitted to examine his
workshop, in which I noticed a good barrel-organ, a barometer, and several 1947 VENIAMINOV IN ALASKA. 269
other articles of his own manufacture. He was kind enough to volunteer
his services on one or two of our sick barometers, and succeeded effectually.
Notwithstanding he only spoke Russian, of which I knew nothing, we
managed to become great allies.4
Five years passed quickly. After fifteen years' absence from
his homeland, Veniaminov found it necessary to make a journey
to Russia. He wanted to discuss his work with the Holy Synod
and to urge them to expand their missionary work in Alaska.
He was also anxious to obtain their consent to the publication of
his translations of portions of the Bible both in Aleut and Tlingit
so as to give them wider influence. He left Sitka in November,
1838, accompanied by his family and did not reach St. Petersburg
until June 25, 1839. Upon arrival he discovered that the Holy
Synod would not convene until the autumn and, with typical
enthusiasm, he embarked on a missionary tour through Russia to
raise funds for his work. It was while away on this task that
his wife died—a blow that weighed heavily upon him, for his
had been a happy family. After suitable provision had been
made for his family, which now consisted of two sons and four
daughters, Veniaminov entered the monastic order and took the
name of Innocent.
During its autumn session the Holy Synod decided to create
a new diocese in Alaska with a resident bishop at Sitka. The
selection of the bishop was a prerogative of the Czar, Nicholas I.,
and Veniaminov was his choice. On December 15, 1840, he was
consecrated Bishop of Kamchatka, the Kuriles and the Aleutian
Islands in the Church of Our Lady of Kazan in St. Petersburg.
Over a month later, on January 30, 1841, he set out on the long
return journey, travelling by way of Irkutsk. He finally reached,
Sitka on September 27, 1841; thus Alaska welcomed its first
bishop one hundred years after the discovery of the country by
Vitus Bering.
The new bishop immediately set about the task of organizing
his immense diocese. Plans were laid for the erection of a new
cathedral, priests were ordained to work in newly created parishes, schools and seminaries were established, and particular
attention was paid to the spiritual needs of the Tlingits.    In the
(4)  Captain Sir Edward Belcher, R.N., Narrative of a Voyage Round
the World  .   .   ., London, 1843, I., pp. 98, 99. 270 Archie W. Shiels. October
spring of 1842 he paid his first official visit to Kodiak.    Sir
George Simpson was then at Sitka in the course of his voyage
around the world, and he gives the following account of the
bishop's work:—
On the Friday after our landing [April 23, 1842], the Bishop of Sitka
returned from Kodiak, distant about six hundred miles, after a run of five
days. His outward voyage, however, had occupied precisely four weeks, this
unusual detention having led to a great deal of privation, more particularly
as the vessel was crowded with passengers; the daily allowance of water
had been gradually reduced to one pint for each person, and, on anchoring at
Kodiak, the whole of the remaining stock consisted of a single bottle. This
prelate's diocese is perhaps the most extensive in existence, comprising as it
does, not only the whole of Russian America, but also the Sea of Ochotsk,
Kamschatka, and the Aleutian archipelagoes. He looks as if intended by
Nature for the bishopric of two worlds, being a man of herculean frame;
and the specimen of his travels, which I have just mentioned, shows that he
is likely to need all his constitution for an episcopal visitation.5
Shortly thereafter, on May 4, Bishop Innocent set out on a
tour of the Asiatic half of his diocese, a journey that took him to
Unalaska, Kamchatka, and Okhotsk, and from which he did not
return until late in 1843.    Sir George Simpson has written a
vivid description of the farewell service held at Sitka and pays
a glowing tribute to this noble churchman:—
In addition to four assistants in holy orders, he was attended by a number of youthful acolytes, all as proud as possible of their embroidered robes
of silk and velvet; the congregation was large and well dressed, while, so
far as I could judge from the earnestness of the preacher, and the attention
of the hearers, the sermon was more than ordinarily impressive. On taking
leave of this worthy prelate, I cannot refrain from rendering a small tribute
of praise to his character and qualifications; and, as he is still in the prime
of life, I trust that his widely-scattered flock may long enjoy the benefit of
those powers of mind and body, which combine to fit him for his important
and arduous charge. His appearance, to which I have already alluded,
impresses a stranger with something of awe, while, on further intercourse,
the gentleness which characterises his every word and deed, insensibly
moulds reverence into love; and, at the same time, his talents and attainments are such to be worthy of his exalted station. With all this, the bishop
is sufficiently a man of the world to disdain anything like cant. His conversation, on the contrary, teems with amusement on instruction; and his
company is much prized by all who have the honour of his acquaintance.^
(5) Sir George Simpson, Narrative of a Journey Round the World, during the Years 1841 and 1842, London, 1847, II., p. 180.
(6) Ibid., II., pp. 190, 191. 1947 Veniaminov in Alaska. 271
This great man made a profound impression on all, not only
in Russia, where he was widely known and well loved by people
of every station, but also in America, among the natives, to whom
he was attached by the strongest ties of affection. Foreigners
were drawn to him by his simplicity, his quiet humour, and his
deep human sympathy.7
The next few years were unusually busy. He was constantly
on the move, travelling over his entire diocese, a distance of some
5,000 miles, still using the same method of travel as he had in
Unalaska and experiencing just as many hardships, and with
little or no thought of personal comfort. In 1845 and 1846 he
made visits to Kamchatka. Back at Sitka in 1847 he organized a separate Indian church, and in 1848 dedicated his new
cathedral, St. Michael's, which still stands. Then in 1850, in
recognition of his work, he was raised to the rank and dignity
of archbishop. This advancement made it necessary for him to
change his see from Sitka to Yakutsk. Here, as previously, his
first work was to supervise the translation of the sacred books
into the native language. Therafter only occasional visits were
made to Sitka.
Veniaminov was no longer a young man, and in 1857 an
imperial decree granted him two vicars in an effort to lighten his
labour. Despite failing health and eyesight, the latter brought
about by his long journeys over snow-covered ground, he continued his work, but in 1867 he had decided to ask permission to
retire. However, such was not to be, for that year the Metropolitan of Moscow had died, and much to the surprise of Archbishop Innocent, he was elevated to the office, one of the highest
positions in the gift of his church.
Time is no respecter of persons, and the hardships he had
endured began to take their inevitable toll. Although now totally
blind he continued in his work until March 31,1879, when he was
stricken. He left behind a record of service of which it is difficult to find an equal. There are still a few old men in the
Aleutian Islands that remember " the good Father," as he was
(7)  Stuart R. Tompkins, Alaska:  Promyshlennik and Sourdough, Norman, 1940, pp. 167-169. 272 Archie W. Shiels.
affectionately called. If personal humility be greatness, then
Veniaminov may be truly named one of the church's great men,
if not the greatest in the history of the Russian church.
Archie W. Shiels.
Bellingham, Wash. THE TYRANT JUDGE:  JUDGE BEGBIE
IN COURT.*
As gold-mining remained the basis of the colonial economy
up to the time of the union in 1866, it is not surprising that the
bulk of the civil litigation of the day arose from that industry.
There were, on the whole, two causes of dispute. The best
known, of course, was the frequent conflict that developed over
rights to certain claims. As a rule the point of issue in cases
of this kind was encroachment and breach of contract. Such
disputes were not easy to settle. They presented difficult points
of law, and it was hard to establish the validity of the evidence
given. The second cause of litigation was to be found not in
the mines themselves, but in the ancillary field of transport. In
those days both colonies depended on the United States for most
of their consumption goods, which were routed from San Francisco to Victoria and New Westminster, and transported from
Douglas to the goldfields by wagon and mule train.
It sometimes happened that packers failed to deliver goods
at their destination at the time specified in their contract, or lost
and damaged them in transit. On some occasions certain consignments were held up, while others were hurried through.
The mines closed for the winter, and, as that season approached,
prices naturally declined. There was, as a result, always the
risk that through late delivery a merchant might be left with
a large stock of goods on his hands or be compelled to sell what
he could at greatly reduced prices. On some occasions businessmen sold at cost, and even below cost, in order to obtain funds
to meet their bills. When this happened, the merchants blamed
the packers and refused to pay their carrying charges. The
transport companies sued for debt.
At the time of the famous Cottonwood scandal a dispute of
this kind arose between the carrying company of G. B. Wright
and the Cranford brothers, who had come to the colony in the
* The concluding article in a series on the career of Sir Matthew Baillie
Begbie.
British Columbia Historical Quarterly, Vol. XI., No. 4.
273 274 Sydney G. Pettit. October
spring of 1862 to engage in business in the goldfields. The
younger of the brothers, Robert Cranford, arrived from San
Francisco with some 40 tons of merchandise, which he intended
to sell at Williams Creek. Shortly afterwards, at some time
between April 15 and 20, his brother, John P. Cranford, arrived
in Victoria. He stated at the time that he intended to set up
in business as a commission merchant and that he was in no
way associated with his brother Robert. He also brought a
cargo of merchandise with him from San Francisco.
In the meantime Robert Cranford had entered into negotiations with Gus Wright to have his goods carried to Lillooet,
whence they were to be transported to Williams Creek by another
company. John Cranford also discussed the question with G. B.
Wright, and appears to have secured an understanding, on behalf
of his brother, as to the term of credit to be allowed. On April
25, 1862, Robert Cranford and G. B. Wright entered into an
agreement that was satisfactory to both parties. Wright agreed
to carry the goods to Lillooet at 9 cents a pound, payable sixty
days after delivery. He also undertook, in the event of a drop
in freight charges, to lower his own rates accordingly. Wright
assured Cranford that it would take twelve days at the longest
to carry his goods to Lillooet and that it would require another
thirty days to convey them from that place to Williams Creek.
All goods were to be marked to Robert Cranford, care of G. B.
Wright & Company. Wright entered a memorandum of agreement in his pocket-book, and Robert Cranford left for the Interior, apparently well satisfied with the arrangements he had
made, and confident that the term of credit would afford him
ample time to sell enough goods to pay his freight bills when
they came due.1
(1) New Westminster British Columbian, December 27, 1862. There
are two sources for the Cranford trials. The first is Judge Begbie's Court
Notebooks in the Archives of B.C. The Judge's notes throw no light on the
case, being largely a record of evidence given, all of which was accurately
reported in the newspapers. He jotted down, however, that the goods had
been stolen in transit, but that this could not be incontestably proved. He
also noted that the number of days that elapsed between consignment and
delivery was not established. The other source is the contemporary newspapers. Of these the British Columbian gives the fullest account of the
trials, as it was the avowed purpose of the editor, John Robson, to expose 1947 The Tyrant Judge. 275
He arrived at Lillooet on May 5, 1862, and, assuming that
his merchandise would begin to arrive within the next week,
contracted with the Haskell Company to carry it to Williams
Creek. After waiting two weeks Haskell was obliged to inform
Cranford that he could afford to wait no longer, as he had another
cargo offered. He generously released the merchant from any
charge for the delay. The first consignment of goods arrived
on May 28, to be followed at intervals by other cargoes, all of
which the Cranfords insisted were seriously late. Some of the
goods were perishable, particularly bacon, which goes rancid very
quickly if exposed too long to the heat of the Interior summer.
It was charged that Wright had failed to deliver more than
a ton of the goods consigned to him. This was brought out in
the second case, that of Cranford v. Wright, and served as ground
for a sharp exchange between Judge Begbie and counsel for the
plaintiffs. The point was never pressed, however, but was used
as reason for non-payment on the freight charges for the earlier
consignments. The essential fact in both cases was the late
delivery of goods, and Cranford's refusal to pay the charges.
In general the goods were consigned between April 30 and June
28, 1862, and should have been delivered between May 12 and
July 10 according to Wright's assurances. According to the
Cranfords, they were not delivered until dates between May 28
and September 10. In particular, few of the goods reached Lillooet in less than thirty days, while nearly the whole of them
was detained much longer. About a third of the consignment
was detained between sixty and seventy-five days. The Cranfords also claimed that between June 18 and 20 over 52,000 lb.
were consigned to Wright, and that all of this, save 600 lb., was
at Douglas between June 20 and 25, yet none reached Lillooet
in less than thirty-three days, while nearly half was delayed from
sixty to seventy-five days.    The goods delivered after August
the " Tyrant Judge." For this reason the reporting may be regarded as
biased. Actually the accounts given are strictly accurate so far as the
facts of the case are concerned. Robson's diatribes, of course, ruin the
telling effect of his otherwise accurate account. The Victoria Colonist
account is much shorter, free of frenzied denunciations, but essentially the
same in substance as that of its Mainland contemporary. It has, however,
a touch of aloofness, indicative of the proud conviction that the courts of
the Island colony were held on a higher plane—as, in truth, they were! 276 Sydney G. Pettit. October.
25—over 23,000 lb.—could not be forwarded to Williams Creek
because of the lateness of the season. Goods delivered at Lillooet
after July 23 could not be delivered at Williams Creek before
prices had fallen so low as barely to cover costs.
Robert Cranford spent the season at Lillooet, as he claimed,
watching Wright's own merchandise going up to the goldfields
while his own remained at Douglas. As he was suffering from
rheumatism, he sent his brother, John P. Cranford, up to Williams Creek to sell his commodities. Wright had turned a deaf
ear to Robert Cranford's complaints, but in August demanded
payment. Cranford answered that his bill for damaged and lost
goods would more than cover the costs of freight to date. On
September 4 he wrote to Wright, informing him that he had, by
delaying delivery of his goods, precluded the possibility of his
being able to pay the bill.2
On September 8 Wright appeared before Magistrate Elliott
in the County Court at Lillooet and informed him that he wished
to take proceedings against the Cranford brothers for debt.
According to the procedure of the day Wright made a sworn
declaration that R. and J. Cranford were indebted to him for the
sum of £1,719 15s. 3d. for goods sold and delivered to them.
Magistrate Elliott then made out a writ to the police authorities
ordering them to take the Cranfords into custody. This order, or
capias ad respondendum to use the technical term, was valid so
long as the affidavit was properly sworn and declared. To
accompany the capias, which only provided for the arrest of the
debtors, Magistrate Elliott made out an Order of Court commanding them to appear for trial, specifying the time and place
of hearing.    He made this out from the Supreme Court.3
Robert Cranford was apprehended at Lillooet on the same
day, September 8, and was held in.prison for eighty-four days.
His brother, John Cranford, was arrested at Williams Creek on
September 27, and was held in custody for a period of sixty-six
days. The Cranfords secured the advice of Mr. Walkem, who at
that time was not a member of the bar of British Columbia,
although, as we have seen, he was qualified to plead in both Upper
(2) Ibid., December 31, 1862.
(3) It has never been clear whether Elliott made out the order at this
time or on some subsequent occasion. 1947 The Tyrant Judge. 277
and Lower Canada. The trial was held in the Supreme Court in
Lillooet on October 15 and 16 before Judge Begbie. When the
court sat, Mr. Walkem took his seat in the place allocated to
counsel. Judge Begbie immediately ordered him to retire to
a proper place. A hot exchange of words ensued, and it is to
be inferred from contemporary accounts that he was able to
conduct the defence only under certain restrictions.
The defence sought to show that John Cranford was not a
partner and was therefore not liable for his brother's debts.4
In support of this contention the defendants outlined the circumstances under which Robert Cranford had entered into a contract
with Wright. The contractor had come to Robert Cranford's
office in Victoria on April 25 and stated that he was willing to
make an agreement based on the terms discussed in previous
conversations with the two brothers. According to testimony,
Wright sat down at Cranford's desk and, taking out his pocket-
book, said, " What is the style of your firm? " Robert Cranford
testified, and his brother supported him, that he answered, " R.
Cranford, Jr. I am the only person concerned in the business."
Wright then wrote the memorandum of agreement as follows:—
April 25.
Agreed with R. Cranford, Jr., to carry goods for him from Douglas to Lillooet at nine cents, per pound, to wait sixty days after delivery at Lillooet
for pay.    If freights fall, to come down in price.6
Then, according to the evidence of the defendants, Wright got
up, read the contract aloud, and asked Robert Cranford whether
it were satisfactory.    Robert Cranford replied " yes."
On the following morning, October 16, Wright was asked to
produce his pocket-book. When read to the jury and submitted
to the court for inspection, however, the terms were different
from those described on the previous day by the defendant. The
phrase " & Brother," written in different coloured ink, had been
squeezed into the margin, and a " t" added to " him " to make
" them." The " e " in this pronoun was obviously changed from
" i " and the dot remained above the letter.    Judge Begbie exam-
(4) Ibid., December 31,1862.
(5) Ibid., December 13, 1862.   See also ibid., December 31, 1862. 278 Sydney G. Pettit. October.
ined the book, declared that the changes had been made, and said
that since it belonged to Mr. Wright he supposed he could do
what he liked with it. He also suggested that the different
colours of the ink were circumstantial in nature, and therefore
of little significance. Turning to Wright, the Judge said he was
sure the plaintiff could give a satisfactory explanation.
In answer to Judge Begbie's question, Wright admitted that
he had changed the entry, saying that he had done so on the day
that it was issued. The Judge pointed out to the jury that
Wright's admission of making this change was to be considered
in his favour rather than against him. At this point the Cranfords, regarding Judge Begbie's comment as highly prejudicial
to their case, hastened to produce evidence to show that Wright
had not made the change on April 25, but at a much later date.
They produced a number of bills, invoices, and letters from the
plaintiff addressed to Robert Cranford. Among these was a
receipt for $130, dated April 30, made out in Wright's handwriting. In addition, the defendants called for Wright's daybook and showed that up to August 27 all entries had been made
out to Robert Cranford.
Wright's book-keeper testified that he had been instructed to
change the entry to R. and J. Cranford after that date. Both
brothers denied that they had ever received, at any time, one
single communication from Wright that was made out to them
jointly. They maintained, on the other hand, that the plaintiff
had changed the contract and the day-book on September 8, the
day that he had sworn the affidavit. In proof of this charge,
which was strictly conjecture, Robert Cranford stated on that
day a man named Brady walked into his store and asked him
his brother's name. When he told him " John," Brady walked
across the street and went into Wright's office. When John
Cranford was arrested at Williams Creek, the writ was made out
" John " Cranford, not " J. P. " Cranford, and not " John P."
Cranford.
These arguments closed the first plea of the defence—that
John Cranford was not a partner and had therefore been subjected to illegal arrest. The second point that they sought to
establish was that Robert Cranford did not owe Wright the sum
specified in the writ, and that, when damaged and lost goods were 1947 The Tyrant Judge. 279
assessed, it would be found that the plaintiff, and not the defendant, was the debtor. Robert Cranford proceeded to show that
Wright had disregarded the terms of the contract in assessing
his liability. He had been given a written contract stating that
the freight was to be " payable sixty days after delivery." Since
the writ was issued on September 8, he was therefore liable for
freight delivered at Lillooet on or before July 10. To meet that
account he had a bill of $4,000 against the defendant for lost
and damaged goods.
In rebuttal Wright testified that John Cranford had rescinded
the contract, and that the term of credit was thus no longer
operative. When pressed for witnesses or tangible written evidence, he was forced to admit that he had neither at his disposal.
Robert Cranford, probably after consultation with Walkem, enumerated a number of reasons why Wright's statement was false.
He stated that he had received no notice, written or verbal, to
the effect that the agreement had been terminated. Freights
had risen during the season, yet Wright, no longer bound by the
contract, as he claimed, had not undertaken to charge more. Nor
had he informed his employees of any change.
It must be admitted that when it came time to charge the
jury, Judge Begbie's task was not an easy one. Some of the
evidence was circumstantial. In other instances witnesses were
not able to substantiate their testimony with tangible evidence.
As to the claim that the contract had been rescinded, neither
party was able to do more than produce declarations on oath.
The Cranfords could only testify that they had not received bills
and other commercial papers addressed to them jointly. John
Robson, who had quite recently been thrown into jail by Judge
Begbie, charged that he was biased in favour of the plaintiff.6
He had, indeed, pointed out to the jury that Wright's admission
that he had changed the terms of the contract was to be taken
as a point in his favour. Truth in court is to be commended,
but it can sometimes persuade a jury that the speaker is a shameless rascal. When Wright admitted that he altered the contract,
the jurors might jump to the conclusion that he was capable of
any duplicity. In those days the packer was roundly cursed by
miners and business-men alike, and perhaps the Judge was just
(6) Ibid., December 31,1862. 280 Sydney G. Pettit. October.
in giving the scale a tilt. Similarly, it was incumbent on him to
instruct the jury that some of the Cranfords' evidence was not
water-tight.
What laid Judge Begbie open to criticism was not partiality
so much as a lack of experience and knowledge. He embarked
on interpretations of the law that a better qualified man would
either have avoided or expressed with proper reservations. His
last charge to the jury is a case in point. He thought, and,
indeed, rightly, that the jury must weigh the question of John
Cranford's liability. In order to aid them, he proceeded to
explain the law on the matter. John Cranford, he explained,
had been employed by his brother to attend store at Williams
Creek, and after being appointed to that position had shown
great zeal and energy in the discharge of his duties. This,
argued the Judge, gave the impression that he might be a partner. He could in this way unconsciously have made himself a
co-contractee. It was therefore the duty of the jury to assess
John Cranford's liability from this point of view. In other
words, Judge Begbie had raised a difficult point in the law of
contract. He may have been justified in doing so, but he was
not justified in leaving the jury without an adequate explanation.
He did not point out to them, for instance, that such an explanation was based on evidence as circumstantial as any that he had
ruled out in the testimony of the Cranfords.
The jury returned a verdict in favour of Wright. They
found that John Cranford was a partner, that the contract had
been rescinded, and that the two brothers owed Wright $9,500.
The Cranfords made application for a new trial, but Judge Begbie refused to consider the petition and ordered that they be
committed to prison where, according to the law of the day, they
were to remain until they settled with Wright or proved themselves to be bankrupt.
After they had been in jail some time, the Cranford brothers
made application for release in the Supreme Court, on the grounds
that their arrest had been illegal. Robert Cranford had taken
up this plea in his address to the jury, but had not been permitted
to carry the argument very far. He sought to show that Wright's
affidavit was false, on the grounds that the packer had charged
that the Cranfords owed him the specified sum of money for 1947 The Tyrant Judge. 281
goods sold and delivered. As Cranford proceeded to remind the
jury that the goods had been bought in the United States and
that he owed Wright nothing for them, Judge Begbie interrupted
and stopped the argument. He stated that men sometimes make
sheaves of affidavits, often without reading them. It was clear
to all, he said, that Mr. Wright meant freight charges, and to
question the affidavit was to impute a false oath to the plaintiff
without any justification.
In the Supreme Court they offered a more extensive case for
release. According to English law, which was also the law of
the colony, a capias could be issued for the arrest of a debtor
only under special conditions. These conditions were that a
creditor must take oath that the debtor intended to abscond, or
that he had absconded.7 The affidavit sworn by Wright neither
mentioned nor undertook to suggest intent on the part of the
Cranfords to abscond. Judge Begbie interrupted and bluntly
contradicted counsel. He stated flatly that the affidavit alleged
indebtedness, and that was all that was necessary to give the
capias validity.
In further support of the motion for release of the prisoners,
counsel for the Cranfords alleged that under the " British Columbian Small Debts Act, 1859," Magistrate Elliott had no justification for issuing the capias. He argued that since the Act
clearly stated that the amount recoverable before any County
Court Judge could not exceed £50 and that this officer could issue
a capias for a debt of £20 and upwards, Magistrate Elliott was
not empowered to make out a writ for the sum that Wright had
specified. Judge Begbie would not consider this argument. He
explained that the Act was drawn up on the principle that it
was desirable and expedient to afford a speedy method of recovering small debts up to £50. The issuing of a capias was a speedy
method, and therefore County Court Judges were entitled to
issue such writs for large debts.
As a final argument, Robert Cranford testified that when he
had been arrested he asked the Sheriff to produce the necessary
Order of Court. This the Sheriff would not, or could not, do,
and the document was not forthcoming until the trial at Lillooet
on October 15.   Upon examining the order, counsel found that
(7) Ibid., January 7, 1863. 282 Sydney G. Pettit. ' October.
Magistrate Elliott had issued it out of the Supreme Court, a
court in which he had no jurisdiction and no authority to issue
writs.8 Judge Begbie, however, overruled the objection, stating
that Elliott's procedure had been correct.
The legality of the Cranfords' arrest and imprisonment was
thus fully sustained. The Judge had rejected every argument
against it and, by so doing, had created a precedent for procedure
in future cases of the kind. The Cranford brothers went back
to prison, but later were released from custody when they signified their intention of taking proceedings against Wright for
breach of contract. At the beginning of the assize they duly
appeared before the Judge to make certain arrangements for
the impending litigation. He informed them that their arrest
and imprisonment had been a mistake!9 What reasons Judge
Begbie had for reversing his judgment in this matter were not
apparent. It does not matter greatly whether he was compelled
to admit that it was the affidavit, the capias, or the Order of
Court that was at fault, or whether he saw that the entire procedure had been wrong. What is significant is that he, a highly
intelligent and able man, could make such mistakes. This and
other blunders all point to the fact that he was not well versed
in law and procedure.
The second Cranford case, which opened in New Westminster on December 6, and lasted through eleven stormy days, was
even more revealing than the trial at Lillooet. While the Judge's
lack of experience and knowledge were only too apparent, it also
became clear that his irascibility and arbitrary temperament
unfitted him for the exercise of his judicial duties. As the case
progressed, Judge Begbie's irritation mounted to bad temper,
which at the end of the trial became downright rage. In this
state of mind he lost the last semblances of the impartiality and
dignity of his office and was guilty of a most disgraceful and
arbitrary act.
The Cranfords restricted their charge to breach of contract
and did not sue for the goods which they previously alleged to
(8) Judge Elliott, or, more properly, Magistrate Elliott, was Deputy
Registrar of the Supreme Court at the time. Begbie did not consider that
this office entitled him to make out the writ, however. He ruled that he
could do so as a Judge of the County Court.
(9) Ibid., December 20, 1862. 1947 The Tyrant Judge. 283
have been damaged or lost. But after the manner of counsel,
Ring, and his junior, McCreight, who were appearing for the
plaintiffs, sought to implant certain ideas in the minds of the
jurymen that were prejudicial to the character of the defendant.
McCreight, who opened the case, pointed out that while he disavowed any attempt to charge larceny, he suggested that the
jury would infer grave misconduct on the part of Mr. Wright.
At this point Judge Begbie very properly interrupted, saying
that he could not permit such imputations to be cast on the
defendant. He went on, in a dictatorial manner, to say that
counsel's imputations were disgraceful and that they would recoil
on his own head. McCreight, rightly or wrongly, fired back. He
said he had no fear that disgrace would attach to him and that
he did not require to be taught his duty. Begbie is reported to
have become very excited at this retort. He turned to Ring and
asked him to withdraw the case from his junior. Ring refused,
saying that the statements made by his learned friend had his
entire concurrence and approbation. Begbie let the matter go.
He had lost his temper, made a threat, and then decided not to
make it good.10
During the proceedings tempers grew hotter and tongues
grew sharper. Judge Begbie was rude to Ring and McCreight,
and to the jury as well. He appears to have had pleasant words
for Wright's counsel, Walker and Cary, and so exposed himself
to John Robson's charges of partiality.11 When Ring rose to
dispute a point that Walker had just made, the Judge said, " Sit
down, Mr. Ring. Mr. Walker has forgot more than you ever
knew."12 When Cary objected that counsel for the plaintiff was
prejudicing the minds of the jury, Begbie agreed with him that
a great mischief had been done. Speaking of the general ability
of jurors to keep an open mind, he is reported to have said:
". . . True, Mr. Cary, we are supposed to know these things, as we are-
educated, and able to keep them in abeyance till we hear the opposite before-
forming a conclusion; but the Jury are not so; they hear the statement
and draw the conclusion at once! "u
(10) Ibid., December 13, 1862.
(11) Walker was the barrister to whom Judge Begbie had lent money
to buy a share in Travis' claim.
(12) Ibid., January 21, 1863.
(13) Ibid., January 10, 1863. 284 Sydney G. Pettit. October.
At the end of the plaintiffs' case Judge Begbie announced his
intention of declaring non-suit, which meant, in other words,
that he was awarding the case to Wright.14 What prompted him
to take this extraordinary step, it is hard to say. To many it
must have meant partiality. It might have been the result of
sheer bad temper. It is very likely that he was convinced that
the Cranfords could not prove their case, and that in order to
put an end to the strife, it would be best to settle the matter at
once. Whatever the Judge's motives were, Ring rose to contest
the decision. He proved to be the stronger man in the argument,
and after a sharp exchange forced the Judge to concede the
point.15 It was on this occasion, in all probability, that Begbie
said to Ring: " Really, Mr. Ring, I do not know how to stop
you, unless I order you to be removed out of Court! "16 It seems
that the barrister would not be put down, for the Judge is reported to have said in great exasperation, " It must surely be
after dinner with you! "17 The newspapers reported that during the case Begbie apologized to Ring in open court, and that
the barrister said that he could not accept the apology unless he
tendered the same regrets to his junior.18 Whether this transpired after Begbie threatened to have Ring ejected is not certain, but as it was one of the two most intense scenes in the
entire case, there is some likelihood that this was the occasion.
McCreight, however, was not prepared to accept an apology.
He jumped to his feet and declared that he had never in his
whole life had to endure so many insults, and that he found it
inexpressibly irksome to have anything to do in a court where
the Judge presided. The Judge would not dare to use the language
outside the court that he used inside it !19
When all the evidence had been heard, and the time came for
Judge Begbie to sum up and charge the jury, he announced he
(14) Victoria Colonist, December 29,1862.
(15) Ibid., December 29, 1862.
(16) New Westminster British Columbian, January 21, 1863.
(17) Ibid., January 21, 1863.
(18) Ibid., January 21, 1863.
(19) Ibid., January 21,1863. The ill will between Begbie and McCreight
persisted until they were both advanced in years. They met by accident on
Birdcage Walk, stopped, and exchanged kind words. Who made the first
gesture is not known. 1947 The Tyrant Judge. 285
would not read his notes on the case.20 After a few remarks he
charged the jury that they must find whether the contract had
been rescinded. If it had not, then they must assess what was
reasonable time for the transportation of goods from Douglas
to Lillooet. This being done, it remained to estimate the value
of the goods when they should have arrived, and the value when
they did arrive. The difference between these values must be
the damages.21
After the jury had been confined for twenty-eight hours,
Judge Begbie called them back into court. The foreman stated
that they had not been able to come to an agreement. It appears
that eight had decided in favour of the Cranfords, while the
remaining four were uncertain or in favour of Wright. Those
who were for the plaintiff pointed out that the bill of particulars
had not been sent in in time, and if they could return to the jury-
room, they could come to an unanimous decision. One of the
minority is said to have called out that he could never agree.22
As Judge Begbie had refused earlier in the trial to permit the
decision to be made by a majority vote, it was now his duty to
explain the law to the jurymen and to answer any questions they
might wish to ask. Ring rose to his feet and asked the Judge
to do this. Begbie, however, appears to have been in a state of
great excitement. He refused Ring's request and dismissed the
jury.
Ring rose again and addressed himself to Mr. Matthew, the
Registrar of the Supreme Court. When the Registrar, in answer
to the indignant barrister's question, answered that he had the
rolls in his possession, Ring asked him to strike his name off.
McCreight jumped up and made the same request.
As in the case of the imprisonment of John Robson, a large
public meeting was called. On this occasion the citizens presented a complimentary address to Ring and McCreight, expressing their admiration for the stand they had taken against
the tyrant Judge.   Both barristers made short speeches, and a
(20) Ibid., January 10, 1863. An examination of the Judge's notes
shows that he had nothing of importance to read to the jury. All that he
had written was a general summary of the evidence given by the various
witnesses.
(21) Ibid., January 21, 1863.
(22) Ibid., December 20, 1862. 286 Sydney G. Pettit. October.
Mr. Grieve, one of the jurymen, gave his version of what had
gone on in the jury-room.23
To many people Begbie's apparent partiality to Wright
smacked of the same sort of unsavoury dealing that they were
convinced had gone on at Cottonwood. His tyrannical behaviour
in court was a repetition, as they saw it, of his arbitrary treatment of Robson. To partisans of the Cranfords who were unwilling to believe him dishonest, it seemed that he was blind
to the truth. Dishonesty on the part of Judge Begbie is impossible to believe. He had no reason to be partial to Wright, for
he, too, had suffered at his hands, as he revealed to Governor
Douglas a year before Robert Cranford entered his ill-starred
contract with the packer:—
I paid 10c. per lb. for packing some things—they were delivered piecemeal
at Cayoosh, some not till the eleventh day from Douglas: some stolen—some
broken. This was by the largest & perhaps best packers on the line;
Wright and Nelson. What is the use of a waggon road for such a set?
They will squabble & fight to the end of the chapter.   .   .   M
The truth is that it was his character and methods that led
him into such confusion. He knew little law and very little about
court procedure. In the early days he had been the law. He
made it, dispensed it, and sometimes acted as defence and prosecution. He made up his mind what the verdict should be and
secured that verdict. But 1862 was not 1859. Barristers were
appearing in the colony, jurymen were no longer awe-stricken
horse thieves from The Dalles, and litigation was becoming more
technical. But the Judge continued to scorn law books and could
not change his ways. He knew Wright was a scamp and probably knew that the Cranfords were the injured party, but he
believed that their case could not be proved.25 He therefore set
about bringing the trial to that conclusion, just as he would have
done in the early courts. In flagrant disregard or ignorance of
the law he was ready to declare non-suit at the end of the plaintiffs' evidence. At the end of the case, as a crowning disgrace,
he dismissed the jury, leaving the unfortunate Cranfords saddled
with heavy costs amounting to £1,810.
(23) Ibid., December 20,1862.
(24) Begbie to Douglas, April 20, 1861, Begbie Letters, MS., Archives
of B.C.
(25) V. supra., p. 274, foot-note (1). 1947 The Tyrant Judge. 287
The Cranford brothers were sent back to prison, this time,
it is to be presumed, on another writ. They determined to take
the case to the Supreme Court of Vancouver Island, not as a
court of appeal, but possibly on the grounds that the original
contract had been drawn up in that colony with a Victoria firm.
Accordingly they were released from prison and departed to
make preparations for another suit.26 The case never reached
court, however, and the Daily British Colonist of April 15, 1863,
reported that the dispute had been amicably settled to the satisfaction of friends of both parties.27
After that time Robert Cranford disappears from sight.
His older brother, John, seems to have prospered, for his name
appeared as a member of the board of directors of the British
Columbia Coal Mining Company.28 Despite his early misfortunes, he was able to take an optimistic view of life, as the following notice from the British Columbian indicates:—
Victoria . . . Mr. J. P. Cranford delivered a lecture at the Institute on
Thursday evening to a large audience. The text was " Latent Christianity
in Modern Governments." The local papers describe the lecture as being
very able, and enthusiastically received.29
Whatever the feelings of the Cranfords may have been, John
Robson neither forgave nor forgot. During the ensuing years
he recorded and criticized every questionable act of Judge Begbie.
In the spring of 1866 two suits were entered against Peter
O'Reilly, and in each case the Judge intervened on behalf of the
defendant, who, as it was well known, was a friend of his. In
the case of Eddy v. O'Reilly, heard in New Westminster at the
end of March, 1866, Judge Begbie told the jury that the evidence
of the defendant was entitled to more consideration than that of
the three witnesses for the plaintiff. The jurors, however, refused to be influenced by the Judge's instructions, and found a
verdict in favour of Eddy. Judge Begbie forthwith set aside the
verdict, thereby giving the decision to his friend.30 Shortly afterwards, when the assizes opened at Lillooet in April of the same
year, Judge Begbie took an even stronger stand on behalf of
(26) New Westminster British Columbian, April 4, 1863.
(27) Victoria Colonist, April 15, 1863.
(28) New Westminster British Columbian, July 27, 1865.
(29) Ibid., April 29, 1865.
(30) Ibid., May 19,1866. 288 Sydney G. Pettit. October.
O'Reilly. In the course of the hearing he told the jury that if
they found for the plaintiff, Walden, he would set it aside. To
make sure that they would not disregard his instructions as the
jurors had done at New Westminster, he dismissed the case be-,
fore they could arrive at a verdict.31 Here again are instances
of the Judge's arbitrary methods and of his habit of appearing
to be partial to one of the disputants. Yet, upon reflection, the
partiality was more apparent than real, for it will be recalled
that he had compelled O'Reilly to grant a Certificate of Improvements against his better judgment. As in the Cranford cases,
the Judge's character and methods gave an impression of partiality that did not exist. In both the Eddy and the Walden
cases he arrived at his own conclusions and proceeded to railroad them through the court. As John Robson pointed out in
a restrained and dignified article entitled " A Court of Appeal
Wanted," Judge Begbie may have been perfectly right in his
assessment of the evidence, and his prerogative as Judge permitted him to weigh the evidence for the benefit of the jurors,
but to assume the prerogatives of the jury was not only illegal
and tyrannous, but could lead to the surrender of the right to
trial by jury.32
There was, of course, a deal of public indignation about these
cases and the issues they involved, but as nobody but the unfortunate plaintiffs suffered directly, the public took no active steps
to secure redress and reform. It was Judge Begbie's procedure
and decisions in mining disputes that brought about active measures to secure his dismissal or, as an alternative, a court of
appeal. As we have already seen, the mining laws were never
adequate to the miners' needs, and the machinery for settling
their disputes created rather than allayed dissatisfaction. The
right of appeal from the Gold Commissioner's Court to the
Supreme Court brought the cases before Judge Begbie. In such
litigation his decisions and methods created an uproar even
greater than that which had followed the Cranford cases. In
addition to reversing the decisions of juries and other arbitrary
acts, he sometimes took a case into Chancery, a long and expensive process.   Some of his decisions in this court created great
(31) Ibid., May 23,1866.
(32) Ibid., May 19,1863. 1947 The Tyrant Judge. 289
dissatisfaction. In the celebrated Borealis v. Watson .case he
actually reversed the decision he had made in the Supreme
Court!33
What made this litigation especially serious for some of the
parties involved was the process of injunctions which compelled
the cessation of mining activities on the disputed claim. Valuable properties would sometimes lie fallow throughout an entire
season because, in many cases, boundary disputes had never been
satisfactorily dealt with or had been appealed from the Gold
Commissioner's Court. The growth of the evil was noted by
John Robson, who printed the following dispatch from Cariboo
in the summer of 1865:—
Owing to a dispute respecting titles and boundaries Judge Begbie has placed
an injunction upon the three well known rich claims, Aurora, Sawmill, and
Watson, the case to be tried at the fall assizes here, if not settled meanwhile.
Thus three of the richest claims are locked up, probably for the season.34
During the next season the Aurora Company again entered into
litigation, the outcome of which led to a petition for Judge
Begbie's dismissal. The pattern of his behaviour did not differ
greatly from that in other cases, and, as Walkem wrote in a letter
to Crease, he gave every indication of making his decision before
the case came into court.
There is a great row brewing on the Creek & Cox is really the cause of
it in a great measure. He at least foments it and Begbie's judgments in
the Borealis as well as some other suits have given rise to it. The fact is
that no man feels safe in a civil action. The judge's feeling & prejudices
before the Trial & his acquaintance with one of the parties & the facts
gleaned & too willingly listened to by himself are all canvassed before the
jury is ever dreamt of. This certainly is a deplorable state of things, and
the miners are about to take very decisive steps to stop it.35
Whether Cox is meant by Walkem to foment trouble by his decisions is not clear. It would be nearer the truth to conclude that
the foment came from the right of the miners to appeal to the
Supreme Court than from any particular activities of Magistrate Cox, who was, indeed, very popular with the miners and
was widely praised for his stand in the Aurora dispute.36 Walkem's
(33) Ibid., July 11,1866.
(34) Ibid., August 5, 1865.
(35) Walkem to Crease, June 10, 1866, Walkem Letters, MS., Archives
of B.C.
(36) Victoria Colonist, June 11 and 13, 1866. 290 Sydney G. Pettit. October.
description of Judge Begbie's methods is only too accurate, and
his words were borne out in the famous Aurora case.
In the spring of 1866 the Aurora Company notified a neighbouring concern, the Davis Mining Company, to appear at Clinton to answer an application that would then be made, on Friday,
May 25, 1866, for an injunction to restrain it from working a
certain piece of ground. The Aurora Company sent one of its
employees, a Mr. Hazeltine, to Bridge Creek, where he met Judge
Begbie on his way north to the assizes. He obtained from the
Judge, without any difficulty it appears, an order to Magistrate
Cox, as Deputy Registrar of the Supreme Court, to issue an
injunction and to attach the seal of the court thereto, as the
seals of the Registrar were in the wagons, which had broken
down, and were some miles behind. Hazeltine took the order to
Mr. H. P. Walker, who presented it to Magistrate Cox in the
Court-house at Richfield and requested him to attach the seal
of the court to the injunction. Cox said he had considered the
matter very carefully and had come to the conclusion that he
could not acquiesce. He read Walker a statement he had prepared the night before, which set forth the reasons for his
refusal.   It ran as follows:—
I hold no commission as Deputy Registrar of the Supreme Court, nor
never did hold one; I have acted as such for the accommodation of the
public and the Supreme Court; and it is not later than the Express before
last I remarked, with reference to cases against the Sheriff, that all my acts
done as Deputy Registrar of the Supreme Court must have been illegal.
I entertain as high respect and esteem for Mr. Begbie, as Mr. Begbie, and
also as Supreme Court Judge of the Colony as any man in it; but finding
now it is attempted to drag me into this disagreeable quarrel, and act
contrary to my own ruling and conscience, I would, if I actually did at this
moment hold a commission as Deputy Registrar of the Supreme Court,
resign the post at once. There are Court seals in the Record Office, which
are at Mr. Walker's disposal; but they will not be issued as seals out of
the Supreme Court by me as Deputy Registrar of the same.s?
The cause of the Aurora Company had few supporters, for most
of the mining community regarded its suit against the Davis
Company as a deliberate attempt to secure ground for which it
had no claim.38   Magistrate Cox had taken a similar position in
(37) New Westminster British Columbian, June 9,1866.
(38) Victoria Colonist, June 28,1866. 1947 The Tyrant Judge. 291
what he had called " this disagreeable quarrel." Without choosing or naming sides, he had made his feelings very clear.
Walker obtained the injunction from the Registrar when he
arrived at Richfield, and the case was heard before Judge Begbie
and a special jury in the Supreme Court on June 9, 1866. The
jury, which consisted of seven men, had been chosen with great
care. Forty-eight free miners had been summoned. Five of
these were challenged by counsel and seven drawn by lot from
the remaining forty-three.39 It was close to midnight when the
jury agreed on the verdict, which was that the 130 feet in dispute should be equally divided between the two companies.40
The decision, which many had feared might go to the Aurora
Company, gave widespread satisfaction. The editor of the Cariboo Sentinel wrote an enthusiastic account of the trial and the
jury's decision. John Robson echoed his sentiments, but with
qualifications, stating that he was not yet ready to discuss the
conduct of the Judge in the case. He quoted the Sentinel as
follows:—
We must say we look upon this trial as a concession to the public sentiment,
a fact that must cause much satisfaction to those who are likely to bring
forward questions in our courts of law, as many litigants prefer suffering
an immediate loss rather than incur the risk of running the gauntlet of the
whole course from the Gold Commissioner to Chancery.*!
The court assembled on Monday, June 11, to wind up the case.
Resplendent in wig and robes, Judge Begbie summoned the appellant and respondent before him and told them that he could
not accept the verdict! He would, however, rather than take the
case into Chancery, settle the matter if the parties to the suit
would appoint him sole arbitrator! Counsel for the Aurora
Company accepted the offer at once. The Davis Company's representatives asked for an adjournment to the next day. When
the court met on Tuesday morning, counsel for the Davis Company stated that his clients refused to enter into any such agreement.42
The Davis Company, after sober reflection, conceived that
they might lose by not accepting the quixotic Judge's offer of
(39) New Westminster British Columbian, June 27, 1866.
(40) Ibid., June 20,1866.
(41) Ibid., June 27,1866.
(42) Ibid., June 27, 1866. 292 Sydney G. Pettit. October.
arbitration, and on June 14 informed him that they would be
pleased to put their case in his hands. Five days later, on Tuesday, June 19, the Judge summoned the parties to court to hear
his adjudication, which was in favour of the Aurora Company.
He stated bluntly that he could not accept the verdict of the jury,
and if jury after jury were to find such a verdict, it could not be
permitted to stand.43
On the evening of the following Saturday, June 23, between
500 and 600 miners from the surrounding creeks assembled in
front of the Richfield Court-house to protest Judge Begbie's
administration of the law. The resolutions passed were as
follows:—
Resolved. That in the opinion of this meeting the administration of the
mining laws by Mr Justice Begbie in the Supreme Court is partial,
dictatorial and arbitrary, in setting aside the verdict of juries, and
calculated to create a feeling of distrust in those who have to seek
redress through a Court of Justice.   .   .   .
Resolved. That this meeting pledges itself to support the Government in
carrying out the laws in their integrity, and begs for an impartial
administration of justice; to this end we desire the establishment of
a Court of Appeal, or the immediate removal of Mr Justice Begbie,
whose acts in setting aside the law have destroyed confidence, and are
driving labor, capital and enterprise out of the Colony.   .   .   .
Resolved. That a Committee of two persons be appointed to wait upon
His Excellency the Administrator of the Government, with the foregoing resolutions, and earnestly impress upon him the immediate necessity of carrying out the wishes of the people.44
Two miners, John McLaren and Frank Laumeister, were
appointed to carry the resolutions to Administrator Birch.
Expenses of the journey were to be defrayed by public subscription. Judging by the enthusiasm of the meeting, there is
no doubt that the fund was easily raised. When this arrangement had been made, three cheers were given for Magistrate
Cox, the Victoria Chronicle, the British Columbian, the Daily
British Colonist, the Cariboo Sentinel, the Chairman, the Secretary, and the Queen.
The Administrator received McLaren and Laumeister with
every courtesy, gave full attention to their complaints, and
(43) Barkerville Cariboo Sentinel, June 21, 1866, cited in Victoria Colonist, June 28, 1866.
(44) Victoria Colonist, June 28, 1866. 1947 The Tyrant Judge. 293
accepted their petition. Two days later, on July 5, he gave the
deputation an official reply.45 Studiously avoiding the miners'
proposal that Judge Begbie should be removed from office, Birch
dealt with the alternative proposal that a court of appeal should
be established. He declared that the subject had been under
consideration for some time, but that final arrangements could
not be made because of the projected union of the two colonies.
With the amalgamation of the courts a court of appeal would be
immediately established. The deputation retired and left for
Cariboo, believing that with the advent of union the mining community would be emancipated from the rule of the Tyrant Judge.
The union of the two colonies was proclaimed on November
19, 1866, and to the consternation of the interested individuals
and factions the Act of Union made no express declaration concerning the Supreme Court of Vancouver Island. The authorities were thus confronted with a problem that involved both
constitutional and personal issues. Was it to be inferred from
the Act that the Island court was to continue or that it was abrogated, thus bringing the territory under the jurisdiction of the
Supreme Court of British Columbia? If it were abrogated, there
would be the thorny question of the status of Judges Begbie and
Needham. It could be argued that abrogation had abolished
Chief Justice Needham's office. On the other hand, a case might
be made to show that his office derived from the Queen's commission, and not from the Order in Council of 1856, which had
established the Supreme Court of Vancouver Island. If this
were true, Needham would continue as a Chief Justice after his
court had been abolished. In the event of abrogation there could
be no doubt that Needham would be offered a judgeship in the
Supreme Court of British Columbia. One judge would not suffice
for the large area included in the union, and Needham was both
able and popular. If he accepted such an offer, would he do so
on conditions that subordinated him to Judge Begbie?
These perplexing problems, which were further complicated
by the unpopularity of Judge Begbie, occupied the minds of the
Government for nineteen months. At the end of that time a
compromise settlement was arranged. As it was designed to
appease both Judges, no amalgamation took place and thus no
(45) New Westminster British Columbian, July 18, 1866. 294 Sydney G. Pettit.
court of appeal was established. The " Courts Declaratory Ordinance " of 1868 continued the powers and jurisdiction of the two
courts, and the " Supreme Courts Ordinance," 1869, settled the
status of the two Judges. Under the provisions of the latter,
Judge Begbie was styled " The Chief Justice of the Mainland of
British Columbia," while Needham became " The Chief Justice
of Vancouver Island." Each enjoyed precedence over the other
in his own jurisdiction. The personal and provisional nature of
the settlement is apparent in the provisions that the courts should
be merged when a vacancy occurred by reason of the death, resignation, or other causes of Begbie or Needham. In March, 1870,
Chief Justice Needham resigned to become Chief Justice of Trinidad, and at long last Judge Begbie became Chief Justice of
British Columbia.
For these reasons John Robson and the Cariboo miners failed
to secure their court of appeal. But after the Aurora case Judge
Begbie gave little cause for protest. Perhaps he realized that
he must change his ways. It is possible that official pressure
was brought to bear on him. In 1867, when it became apparent
that the courts could not be amalgamated and that a court of
appeal would not be established, the Government took steps to
prevent miners from carrying their cases from the Gold Commissioner's Court to the Supreme Court. On April 2, 1867, the
" Gold Mining Ordinance " of 1865 was amended to limit appeals
to the Supreme Court to points of law. In this way a definite
stop was put to Judge Begbie's habit of looking into the dispute
himself before the case was heard, forming conclusions from the
facts he had gleaned, and forcing them down the throats of an
outraged jury. It was a telling commentary that legislation had
to be enacted to save litigants from the hands of a Judge of the
Supreme Court.
Sydney G. Pettit.
Victoria, B.C. NOTES AND COMMENTS.
BRITISH COLUMBIA HISTORICAL ASSOCIATION.
Victoria Section.
The annual field-day of the Victoria Section was held on August 16, and
took the form of a basket picnic to John Dean Park in Saanich. During
the course of the afternoon, the Chairman, Mrs. M. R. Cree, called upon
Major Harold Nation, who spoke informally on the history of the Saanich
Peninsula. Mr. W. E. Ireland also contributed remarks on the significance
of the Mount Newton area in Indian folk-lore. Many of the members
present availed themselves of the opportunity to climb to the summit of
Mount Newton and were rewarded with a superb view of the Gulf Islands.
The opening meeting of the fall season was held in the Provincial
Library on Monday, September 29, with some fifty members in attendance.
The speaker was Mr. Willard E. Ireland, Provincial Librarian and Archivist,
who chose as his subject British Columbia: A Study in Parallelism. In
introducing this subject the speaker cited numerous recent examples of an
increasing spirit of national consciousness in Canada and made a plea that
the time had come for historians to pay more attention to " the H.C.F.
instead of the L.C.M. of our nationhood." All too frequently local history
organizations in their enthusiasm tended to overemphasize local events
without due consideration being given to their national setting. Mr. Ireland
then gave a very rapid survey of the history of this Province, describing the
events against their larger national background. Parallel developments in
other parts of British North America were noted in all stages of our
development from the era of exploration and development to the present
day. Perhaps the most singular factor in the history of British Columbia
is its compactness, for the political experience of a century in the eastern
colonies was reproduced here in the space of less than twenty-five years.
The Northwest Territories—Canada's Last Frontier was the subject of
an address by Colonel J. K. Cornwall before the Victoria Section on Wednesday, October 29, in the Provincial Library. The speaker, popularly known
as " Peace River Jim," has spent a lifetime in the Canadian Northwest
and still remains one of its staunchest " boosters." In the course of his
informal remarks he strongly advocated the construction of a railroad into
the area as the best means of assisting its development. From his fund of-
knowledge Colonel Cornwall was able to interject many interesting and
illuminating personal experiences dealing with such events as the discovery
of the Fort Norman oil-wells and the removal of 7,000 buffalo from Wain-
wright to the Northwest Territories, and with such colourful northland
characters as Robert Service and H. F. " Twelve-foot" Davis. The appreciation of the meeting was tendered to the speaker by Mr. G. H. Blanchet.
British Columbia Historical Quarterly, Vol. XI., No. 4.
295 296 Notes and Comments.
Vancouver Section.
Dr. W. N. Sage was the speaker at the first meeting of the winter
series of the Vancouver Section, held in the Hotel Grosvenor on Tuesday,
October 14. The subject of his address was The Work of the Historic Sites
and Monuments Board of Canada and, as the representative for British
Columbia and the Yukon on this board, Dr. Sage was able to speak authoritatively. The present Board was organized as late as 1919, although many
of its functions had previously been performed by the Historic Landmarks
Association, founded in 1905. The late Judge F. W. Howay was the original
representative of the four western Provinces and was chairman at the time
of his death in 1943. Dr. Sage explained the administrative organization
and described the manner in which decisions were reached. As a rule
neither cemeteries nor churches are marked, as these are considered of
Provincial or local interest; only matters of national significance are dealt
with, and each case is decided on its own merits. It was pointed out that
already many historic places and events in British Columbia had been
marked, and many others were still under consideration. The vote of thanks
to the speaker was moved by Mr. George Green and seconded by Mr. E. G.
Baynes.
,   CONTRIBUTORS TO THIS ISSUE.
A. E. Pickford has for some time been on the staff of the Provincial
Museum, Victoria, B.C., in charge of the anthropological work and was
responsible for the excavation of the Duncan burial mound undertaken by
this institution in 1944.
Archie W. Shiels has for years been interested in Alaskan history and
has a fine collection of Pacific Northwest Americana. In addition, he has
published San Juan Islands, the Cronstadt of the Pacific, and Seward's
Icebox.
Sydney G. Pettit, M.A., is at present on leave of absence from Victoria
College while pursuing postgraduate studies at the University of Washington. THE NORTHWEST BOOKSHELF.
Third Crossing. By Margaret Morton Fahrni and W. L. Morton. Winnipeg: Advocate Printers, Limited, 1946. Pp. ix., 118. Map and ill.
$2.50.
The Assiniboine Basin. By Martin Kavanagh. Privately printed. [Winnipeg: The Public Press, Ltd., 1946.]    Pp. xviii., 283.   Maps and ill.    $5.
Papers read before the Historical and Scientific Society of Manitoba. Season
1945-46.    Edited by Clifford Wilson.    Winnipeg, 1946, Pp. 72.    111.    $2.
From time to time this Quarterly has noted the encouraging development
in the field of local history in the Province of British Columbia. Now it is
a pleasure to note corresponding activity in our sister Province, Manitoba.
All too frequently local histories tend to become stereotyped, for nearly
all the early communities followed much the same pattern of development.
Third Crossing is not in this category; indeed, it might well serve as a
model for local histories, for it is admirably conceived and executed. It is
the history of the first quarter-century of the district centring around
Gladstone—the town that came into being where the North Saskatchewan
Trail made its third crossing of the White Mud River. The authors,
descendants of pioneer settlers in this region, were fully qualified for the
task they essayed, and it is obvious that they thoroughly enjoyed the
undertaking.
The pre-settlement period is very briefly outlined, with considerable
emphasis placed upon the route and significance of the North Saskatchewan
Trail. The arrival of the first settlers and the gradual evolution of a rural
community in terms of new roads, schools, churches, and industries is carefully detailed, and much new documentary material is reproduced. But the
narrative never becomes " bogged down " with purely local details, for the
authors have a broader concept of the significance of their community as an
integral part of the opening-up of the Canadian Northwest. It is this
method of approach that gives this history its merit. This is particularly
noticeable when dealing with such factors as the coming of the railroad,
the boom and depression of the early 1880's, and political events. There
are several carefully selected illustrations, and it is only unfortunate that
the map selected should not have been more distinct. The absence of an
index is also regrettable. In format and printing the book is most,
satisfactory.
The Assiniboine Basin is a much more ambitious project. It was
designed as " a social study " of a river-basin and should consequently be
an integration of the history, geography, economics, and civics of the area.
In this, however, the author is only partially successful, for while the facts
are recorded in detail, the integration of these facts is not particularly
noticeable.    Despite the author's declaration to the contrary, one cannot but
British Columbia Historical Quarterly, Vol. XL, No. 4.
297 298 The Northwest Bookshelf. October
feel that he did not continually keep in mind the influence physical geography had on " the history and economic development of the Assiniboine
basin."
In the first part of the book the author has gathered together, from
secondary sources, various accounts of early explorers and fur-traders who
traversed the valley of the Assiniboine. This included such men as La
Verendrye, David Thompson, Alexander Henry, John Pritchard, and John
Macdonell, to mention but a few. Later events, such as the explorations of
Henry Yule Hind, the Red River Rebellion, and the arrival of the first
settlers, are also recorded. The development of methods of transportation
is carefully considered, including steamboating on the Red and Assiniboine
Rivers, as well as railroad-construction. The effect of the location of the
route of the railroad upon embryonic settlements is ably illustrated by the
story of Grand Valley.
The greater portion of the book, however, deals specifically with the
history of Brandon, which the author considers to be typical of prairie
cities. The establishment of municipal government and the gradual expansion of the various civic services, as well as the development of community
life as expressed in schools, churches, hospitals, parks, libraries, newspapers,
and fraternal and other organizations, are all accounted for in painstaking
detail. A great mass of useful material has been reproduced in a series of
eighteen appendices. The book is profusely illustrated with pictures and
maps, and an excellent index is provided. The bibliography, however, leaves
much to be desired, for many obvious references appear to have been completely overlooked. While the book has certain readily apparent defects,
nevertheless, Mr. Kavanagh is to be congratulated, for he has drawn
together a great amount of material and presented it in a useable form.
The high standard set in the first series of the Papers published by the
Historical and Scientific Society of Manitoba has been maintained. Once
again the five papers reproduced cover distinct and interesting aspects of
the varied history of the Province.
"All Western Dollars," contributed by Mr. Peter Lowe, deals with the
history of one of Western Canada's outstanding private banking firms—
Alloway & Champion. The author was for years closely associated with
this firm and, in consequence, writes with authority. As a result, in addition to much valuable biographical material relating to the Alloway brothers
and their partner, many interesting sidelights into banking practice in the
period of expansion following the building of the railroad.
Canadian unity, to say nothing of national economic development,
demanded the construction of a transcontinental railroad, yet from the
inception of Confederation Canada has always been conscious of a " railroad
problem." Mr. J. A. Jackson, in his article " The Background of the Battle
of Fort Whyte," has given a succinct outline of the Manitoba railroad agitation of the 1880's. The crisis was reached in the Fort Whyte incident, when
the Dominion Government-sponsored Canadian Pacific Railway attempted
to resist the crossing of its line by the Provincial Government-supported 1947 The Northwest Bookshelf. 299
Red River Valley Railway.    Of particular interest is the material herein
made available on the important Greenway-Macdonald negotiations.
Under a fellowship made available by the Society, Dr. E. K. Francis has
been engaged in a study of the social history of the Mennonites that began
to settle in Manitoba in the early 1880's. A preliminary report on " The
Origins of Mennonite Institutions in Early Manitoba " is in reality a careful
analysis of the European background of this sect, with a view to determining
the source of some of the characteristic socio-economic traits of Mennonite
culture in the Province.
Miss Lillian Gibbon has for some time been writing a column in the
Winnipeg Tribune on old houses of Winnipeg and its environs. In " Early
Red River Homes " the story of some twenty of these pioneer houses is
retold. Mr. Chris. Vickers has contributed another interesting anthropological study in "Aboriginal Backgrounds in Southern Manitoba," which
deals with the highly complex but fascinating problem of tribal migrations
and invasions.
Several excellent illustrations greatly enhance what is all in all a most
creditable publication.
Willard E. Ireland.
Victoria, B.C. THE
BRITISH COLUMBIA
HISTORICAL
QUARTERLY
VOLUME XI.
1947
VICTORIA, B.C.
Published by the Archives of British Columbia in co-operation with the
British Columbia Historical Association EDITOR.
Willard E. Ireland.
Provincial Archives, Victoria, B.C.
ADVISORY BOARD.
J. C. Goodfellow, Princeton, B.C. T. A. Rickard, Victoria, B.C.
W. N. Sage, Vancouver, B.C.
Editorial communications should be addressed to the Provincial Archives,
Parliament Buildings, Victoria, B.C. CONTENTS OF VOLUME XL
Articles: Page.
"Dear Sir Matthew ": A Glimpse of Judge Begbie.
By Sydney G. Pettit      1
The Sea-otter in History.
By T. A. Rickard    15
Lieutenant-Colonel Israel Wood Powell, M.D., CM.
By B. A. McKelvie    33
British Columbia Steamboat Days, 1870—1883.
By Norman Hacking    69
Judge Begbie in Action:  The Establishment of Law and Preservation of Order in British Columbia.
By Sydney G. Pettit .   113
Alberni Canal.
By Earle Birney   _   157
Books and Libraries in Fur-trading and Colonial Days.
By Madge Wolfenden _   159
His Honour's Honour: Judge Begbie and the Cottonwood Scandal.
By Sydney G. Pettit  187
Sir James Douglas, K.C.B.:  The Father of British Columbia.
By W. N. Sage  _  211
Prehistoric Cairns and Mounds in British Columbia with a Report
on the Duncan Burial Mound.
By A. E. Pickford    •.._ 237
The Work of Veniaminov in Alaska.
By Archie W. Shiels _ _  265
' The Tyrant Judge: Judge Begbie in Court.
By Sydney G. Pettit       273
Notes and Comments    55, 149, 229, 295
The Northwest Bookshelf:
Growing Pains.
By Madge Wolfenden  _ _            _     63
The Westward Crossings.
By T. A. Rickard  _      64
Indian Relics of the Pacific Northwest.
By A. E. Pickford      67 The Northwest Bookshelf—Continued.
Minutes of the Hudson's Bay Company, 1679-1684.    First Part,
1679-1682.
By George F. G. Stanley  151
Loyalist Narratives from Upper Canada.
By W. Kaye Lamb  153
Colony to Nation: A History of Canada.
By W. N. Sage  154
History of Burnaby and Vicinity.
History of Salmon Arm, 1885-1912.
By Willard E. Ireland  231
The Big Bonanza.
By T. A. Rickard  233
Francis Drake and the California Indians, 1579.
By W. Kaye Lamb  235
Third Crossing.
The Assiniboine Basin.
Papers read before the Historical and Scientific Society of Manitoba.
Season 1945-46.
By Willard E. Ireland  297
Shorter Notices     68
Index   301
ERRATA.
Page 4, line 20:  For would read who.
Page 13, foot-note 17, line 3:  Delete at that time also.
Page 80, line 29:  For 1873 read 1874.
Page 96, foot-note 107, line 3:  For Meyer read Meyers.
Page 16], lines 15, 22:   For McKinley read McKinlay.
Page 229, line 40:  For C. Burns read J. Rodger Burnes. INDEX.
A, see Browning:, Rev. Arthur
Adams, John, 104, 105, 111
Alberni Canal, 157, 158
Albion Iron Works, 74
Aleuts, 266-269
Allard, Jason, 177
Anglo-American Hotel, Victoria, 35
Armstrong:, W. J., 176
Assiniboine Basin, The, review of, 297-299
Augustus Schubert, 1855-191,6, 61
Aurora Company, 289-292, 294
Baidarkas, 24
Baillie, Mary Helen, 9
Baillie, Dr. Matthew, 5
Ball, H. M., 144
Ballads of the Pacific Northwest, review of, 68
Bancroft, H. H., 227
Banks, Sir Joseph, 23
Baranov, A. A., 24, 26, 265, 268
Barkley, Charles William, 27
Barnard, Dr. C Francis, 242
Barnard, F. J., 104, 105
Barnston, John George, 132, 133, 135, 137
Barristers, see Lawyers
Bass, Oscar, 12
Bate, Mark, 184
Bates, A. S., 88
Baynes, Rear-Admiral R. L., 114
Beanlands, Canon Arthur, 5-8, 11
Beck, A. E., 7
Begbie, Harold, 5
Begbie,   Sir  Matthew  Baillie,   1-14,   113-148,
187-210, 222, 273-294;   will, 8-10
Begbie, Colonel Thomas Stirling, 6
Begbie, Thomas Stirling, 6
Begbie and the Cottonwood Scandal, Judge:
His Honour's Honour, 187-210
Begbie, "Dear Sir Matthew ";   A Glimpse of
Judge, 1-14
Begbie in Action, Judge, 113-148
Begbie in Court, The Tyrant Judge:   Judge,
273-294
Belcher, Edward, 268, 269
Bering, Vitus, 19. 20
Bering Island, 20
Big Bonanza, The, review of, 233-235
Birch, A. N.. 292. 293
Birney, Earle, Alberni Canal, 157, 158
Blanshard, Richard, 119, 162, 218
Bodega y Quadra Mollinado. J. F. de la. 22
Books and Libraries in Fur-trading and Colonial Days, 159-186
Borealis v. Watson, 289
Bowron, John, 180-182
Branks, Jane, 41
Branks, Katie, 48
Brew, Chartres, 128, 129, 141, 143, 189
Briggs. Thomas L., 86
Briggs. Mrs. Thomas L., 96
British Columbia and Confederation,  42, 43,
45-48;    creation   of   colony,   118-115,   121,
122, 220
British Columbia and Vancouver Island Spar,
Lumber and Sawmill Company, 100, 101
British Columbia Coal Mining Company, 287
British Columbia Historical Association, 55-
59, 149, 150, 229, 230, 295, 296
British Columbia Medical Council, 33, 52
British Columbia Merchant's Line, 97
British Columbia Steamboat Days, 1870-1881,
69-111
British Columbian, 69, 116, 134, 147
Browning,  Rev.  Arthur,  183,   193,  194, 200,
201, 203, 204, 206, 207
Burke. John. 143
Burnaby, Robert, 45
Burnaby and Vicinity, History of, review of,
231-233
Burr, Smith, 100
Burrard Inlet Milling Company, 103
Burse, J. W., 98
Bushby, Arthur Thomas, 122, 176
Cairns, 237, 243-248, 259-262
Cairns, Cadboro Bay, 241-244, 256, 259, 260
Cairns, Florence Lake, 244, 245
Cairns, Lopez Island, 257
Cairns, North Saanich, 256
Cairns, San Juan, 257
Cairns, Victoria District, 247
Cairns, Whidbey Island, 257
Cairns and Mounds in British Columbia, Prehistoric, 237-263
Cameron, David, 114
Cameron, Malcolm, 225
Campbell, Wilhelmina, 105
Canadian Pacific Navigation Co., Ltd., 99,100
Canute, Chris, 250, 251
Cariboo Dramatic Society, 179
Cariboo Literary Institute. 179, 180, 182, 183
Carl, G. Clifford, Driftwood Valley, review
by. 68
Carr, Emily, Growing Pains, review of, 63, 64
Carrall, R. W. V., 47
Cary, George Hunter, 36, 115, 190, 207, 283
Cave, J. C. Browne, 184
Charles, William, 99
Cheadle, Dr. W. B., 147
Clark, J. A., 80
Clarkson, G. C, 176
Classiston, Canute, 252
Claudet, F., 176
Clerjon, Dr. N. M., 40
Clerke, Charles, 23
Coleman, Edmund T., 176
Collings and Cook, 83, 108
Colnett, James, 30
Colonist, 221, 225
Colony to Nation, review of, 154-156
Comiaken, 250
Connolly, Amelia, 214
Connolly, William, 213-216
Cook, James, 15, 17, 22, 23, 29, 31
Cooper, John, 164
301 302
Index.
Corin, Joseph, 165
Cormack, W. E., 175
Cottonwood, 193, 196-199, 201, 203-205, 207-
210, 273, 286
Cottonwood Scandal; His Honour's Honour:
Judge Begbie and the, 187-210
Courts in B.C., 1-4, 113, 122, 124-127, 130-
140, 142-148, 277-294
Courts in Vancouver Island, 293, 294
Cowichan Lending Library and Literary Institute, 185
Cox, George M., 196, 197, 199-201, 203-205,
209, 210, 289, 290
Cox, W. G., 180
Cranford v. Wright, 127, 180, 184, 136, 192,
193, 205, 278-286, 288
Cranford, John P., 274, 276-280, 287
Cranford, Robert, 274-281, 286, 287
Crease, Lady, 9
Crease, Sir H. P. P., 13, 14, 51, 184
Crease, Lindley, 4
Dallas, A. G„ 220
Dalton, William, 109
Dashaway Association, 164
Davis Mining Company, 290-292
Deans, James, 240-247, 264, 259-268
Deans, James, Antiquities of This Island, 259,
260;    The  Cadboro  Bay  Cairns,   241-243;
Cairns, Their Uses, Past and Present, 260-
262;   Trap Holes, 263
"Dear Sir Matthew":   A Glimpse of Judge
Begbie, 1-14
De Cosmos, Amor, 38, 42, 46,  116, 165, 166,
193, 219, 221, 222. 225
Deighton, John, 70, 80
DeQuille, Dan, The Big Bonanza, review of,
283-235
Devries, Henry, 70
Dickinson, R„ 175
Dickinson, Mrs. R., 89
Dickson, 139
Dickson, Dr., 164
Dickson, John, 76, 77, 83
Dixon, George, 27, 29, 30
Doe, Ernest, History of Salmon Arm, 1885-
1912, review of, 231-288
Dougal, John, 106
Douglas, Alexander, 211, 212
Douglas, David, 119
Douglas,   Sir  James,   1,   4,   85,   36,   113-117,
119-139, 141, 143-145, 286:  biography, 211-
227 ; libraries, 161, 162, 176 ; memorial, 59 ;
pre-emptions, 187-193, 199, 200, 207
Douglas, John, 211
Douglas, Martha, 12
Douglas, K.C.B., Sir James:   The Father of
British Columbia, 211-227
Drake,  Francis,  and the California Indians,
1579, review of, 236, 236
Drake, Mrs. M. W. T., 9
Driftwood Valley, review of, 68
Dufferin, Lady, 11, 12, 104
Duncan, Kenneth, 185
Dunsmuir, Robert, 99, 101
Dupont, Major C. T., 51
East Coast Mail Line, 87
East India Company, 30
Eaton, William, 124
Eddy v. O'Reilly, 287, 288
Education, B.C., 37-40, 46, 52, 53
Elliott, A. C, 127, 276, 281, 282
Elwyn, Thomas, 127, 129, 190-194, 208
Emory City, 88
Evans, Ben, 9, 10
Ewen, Alexander, 99, 107
Fahrni,  M.   M.,   and  Morton,  W.   L.,   Third
Crossing, review of, 297-299
Farrel, 139
Fifer, Dr., 140
Fitzgerald, James Edward, 218
Flag, Canadian, 48
Fleming, John R., 70-78, 75
Florence Lake, 244
Forbes, Peter Dewar, 101
Fort Hope Reading Room and Library, 176-
178
Forts and trading posts, Alexandria, 159,160;
Connolly, 214;   Hope, 123;   Ile-a-la Crosse,
212, 219 ;  Langley, cairn at, 59, 60 ; McLeod,
213;   Okanagan, 213, 214;   St. James, 213-
216;   Steele,   50,  61;   Vancouver,  218-218;
Vermillion,  212,   213,   219;   Victoria,  217;
Walla Walla, 161;   William, 212, 218
Fortune, William, 101, 111
Fowke, Gerard, 246, 247, 256-258
Francis   Drake  and   the   California   Indians,
1579, review of, 235, 236
Fraser, A. C. 102, 110
Freemasons, B.C., 83-35, 44, 45
Freight   rates,   Fraser   River,   72,   84,   85;
Stikine River, 79, 80, 82
French Hospital, Victoria, 40
Galbraith's Landing, 50
Gilchrist, 145
Gillard, Hardy, 165
Gold, discovery, Okanagan Lake, 119;   Queen
Charlotte Islands, 119, 120
Gold escort, 129
Gold mining, Fraser River, 120, 121
Gold, shipment of, 71, 72
Gossett, W. D., 129
Grant, Capt., 188
Gray, A. B., 167, 168
Green,    George,    History    of   Burnaby   and
Vicinity, review of, 231-233
Greene, Rev. David, 161
Grieve, 286
Growing Pains, review of, 63, 64
Guise, Capt., 26
Hacking, Norman R., British Columbia Steamboat Days, 1870-188!, 69-111
Hagan, M., 81
Hanna, James, 26
Harmon, D. W., 159, 160
Harris, John B., 176
Haskell Company, 275
Hazeltine, 290
Heceta, Bruno, 19, 28
Heisterman, H. F., 165 Index.
303
Heizer, R. F., Francis Drake and the California Indians, 1579, review of, 235, 236
Helmcken, J. S., 47
Herre, W. F., 163, 165
Hewlings, J. Q., 167
Hickson, 189, 140
Hill-Tout, Charles, 246, 248, 249, 254
Hills, Bishop, 162
His Honour's Honour: Judge Begbie and the
Cottonwood Scandal, 187-210
Historical and Scientific Society of Manitoba,
Papers read before the, review of, 297-299
Holbrook, Henry, 83, 176
Homer, J. A. R., 223
Homfray, Robert, 244
Hood, R. A., Ballads of the Pacific Northwest,
review of, 68
Howay, Emily, 99
Howay, F. W., 196 ;   memorial, 60, 61
Hudson's Bay Company, fur trade, 27; libraries, 160
Hudson's Bay Company, 1679-1684, Minutes
of the, review of, 151, 152
Hughes, J. C, 108, 110
Hume, P., 184
Indian Affairs, Supt. of, 83, 48-50, 52
Indian Relics of the Pacific Northwest, review
of, 67, 68
Indians, as constables, 180
Ingraham, Joseph, 28
Inland Sentinel, The, 81
Innocent, Bishop, 265-272
Insley, Asbury, 70, 76, 77, 83, 97, 104, 106
Ireland, W. E., The Assiniboine Basin, review
by, 297-299; Ballads of the Pacific Northwest, review by, 68; History of Burnaby
and Vicinity, review by, 231-283 ; History
of Salmon Arm, review by, 281-283 ; Papers
read before the Historical and Scientific
Society of Manitoba, review by, 297-299;
Third Crossing, review by, 297-299
Iron, 28, 29
Irving, Mrs. Elizabeth, 76
Irving, John, 75-78, 80, 83-96, 99, 100, 105-
109
Irving, Lizzie, 84
Irving, Nellie, 73, 77
Irving, Washington, 28
Irving, William, 70, 71, 73-75
Jefferson, Thomas, 23
Jenns, Rev. P., 11
Jewitt, John R., 17
Jones, Dr. McNaughton, 170, 175
Judge Begbie in Court,  The  Tyrant Judge,
273-294
Judges, B.C., 1-4, 6, 14, 118, 125
Kamloops  Steam  Navigation  Company,  106,
111
Kavanagh,   Martin,   The   Assiniboine   Basin,
review of, 297-299
Kayaks, 24
Kennedy, Arthur Edward, 36, 184, 226
King, William, 124
Lamb, W. Kaye, Francis Drake and the California Indians, 1579, review by, 236, 286;
Loyalist Narratives from Upper Canada,
review by, 158, 164
Lane, Nathaniel H., 90, 97
Langley, Memorial Cairns Unveiled in, 59, 60
Laperouse, J. F. de G., 21, 22, 28
Laumeister, Frank, 292
Laurie, Capt., 26
Law and Preservation of Order in British
Columbia; Judge Bebgie in Action: The
Establishment of, 113-148
Lawyers, B.C., 180-187
Lazenby, Frederick T., 258
Ledyard, John, 22, 23 '
Lee, Christopher, 102, 109
Lemo, Canute, 250
Lewis, Richard, 44
Libraries in Fuf-trading and Colonial Days,
Books and, 159-186
Library, Barkerville, 181-183; Burrard Inlet.
183 ; Camerontown, 179-181; Cariboo, 178-
183, 185, 186; Cowichan, 186; First in
B.C., 169; Fort Vancouver, 161; Fort
Walla Walla, 161; Hope, 176-178; Kootenay, 185, 186; Legislative, 162, 163, 166,
166; Lillooet, 178; Nanaimo, 183-186;
New Westminster, 168-176, 178, 185; Victoria, 168-168; Williams Creek, 183 ; Yale,
178
Lieutenant-Colonel Israel Wood Powell, M.D.,
CM., 33-54
Lipsett, R., 77
Literary Institute, Yale, 178
Literary Institute and Society, Nanaimo, 184,
185
Loat, Christopher, 166
Locomotive " Yale No. 1," 92
Lo-ha, Chief, 261, 262
Lower, A. R. M., Colony to Nation, review
of, 154-166
Loyalist Narratives from Upper Canada,
review of, 153, 154
Lytton, Sir Edward Bulwer, 4, 113, 115, 124,
125, 169, 220
McCreight, J. F., 7, 283-285
Macdonald, Alexander D., 41
McDonald, Archibald, 215
Macdonald, John A., 35, 48
Macdonald's Bank, Victoria, 37
McGillivray, Joseph, 212
McGowan, Ned, 129, 138-141, 143, 221
McGuckin, Father J. M., 183
McKay, Agnes, 13
McKay, J. W., 242, 243
McKay, John, 159
McKelvie,   B.   A.,   Lieutenant-Colonel   Israel
Wood Powell, M.D., CM., 33-54
McKinlay, Archibald, 161
McLaren, John, 292
McLeese, Robert, 88
McLeod, A. N., 159
McLoughlin, John, 161, 215-217
Magistrates, see Judges
Maloney, Henry,  102, 104, 107, 109, 110
Mara, J. A., 88, 104, 105
Matthew, 285 304
Index.
Maurelle, Antonio, 21, 22
Mayne, R. C, 139
Meares, John, 17, 24, 27, 29, 30
Mechanics Institute, Burrard Inlet, 188
' Mechanics Institute, Victoria, 166-168
Melrose, Robert, 241
Memorial Cairns unveiled in Langley, 59, 60
Memorial to Judge Howay, 60, 61
Memorial to Sir James Douglas, K.C.B.,  59
Menenteau, August, 105
Meyers, Christian, 96, 99, 107
Millard, Charles T., 70, 80, 81, 95, 96, 107
Minutes of the Hudson's Bay Company, 1679-
1684.   First   Part,   1679-168S,   review   of,
151, 152
Mirsky, Jeannette, The Westward Crossings,
review of, 64-67
Mitchell, J. F. T., 107
Moberly, Walter, 134
Moody, R. C, 6, 115, 123, 138-140, 169, 189,
190, 207, 221, 223, 226
Moody, S. P., 76, 83, 101
Moodyville Saw Mill Company, 103
Moore, C. F., 9
Moore, Henrietta, 82
Moore, Henry, 95
Moore, Minnie, 89
Moore, W. D., 91, 93
Moore, William, 70, 74, 76, 79, 82, 84, 85, 89-
96, 100, 108, 109
Moreland, D. C, 194-198, 200, 204-207
Morrison, Neil, 105, 111
Morton,   W.   L.,  and  Fahrni,   M.   M.,   Third
Crossing, review of, 297-299
Mounds, 237-239, 246-248; Cadboro Bay, 240-
243,  257;   Duncan,  250-255;   Hatzic,  248,
249,  258;   Port Hammond,  257;   Victoria
District, 240, 241, 247
Mounds    in   British    Columbia,    Prehistoric
Cairns and, 237-263
Munro, Alexander, 41, 99
Musgrave, Anthony, 46, 47, 168
Needham, Judge, 293, 294
Nelson, Hugh, 103
New London Mechanics Institute, 183
New Westminster Library and Reading Room,
171
Nicol, Charles S., 122, 184
Nimmo, James, 41
Novodchikov, Mikhail, 20
North West Company, 159, 160, 211, 212
O'Byrne, Felix, 206, 207
O'Cain, Joseph, 25
Odin, Frank, 90, 91
Odin, George, 72, 80, 85, 93, 97, 101
Odin, Louis, 90
Ogden, Peter Skene, 217
Onderdonk, Andrew, 91, 96-98, 109
Oppenheimer Bros., 85
Oregon, Boundary of, 216, 217
O'Reilly v. Eddy, 287, 288
O'Reilly, Kathleen, 8
O'Reilly,  Peter,  3,  9, 11,  IS,  125,  147,  196,
197-201, 204, 208-210, 287, 288
Orlebar, Vere Bernard, 50
Palmer, 52
Palmer, Henry Spencer, 123, 124, 198, 199
Parsons, Otis, 75, 77, 80, 81, 83, 108
Parsons, Robert Mann, 114, 123
Parsonville, 75
Passenger rates, Fraser River, 72, 84, 85, 90;
Stikine River, 79, 80, 82
Pearkes, George, 125
People's Line, 92
Perez, Juan, 21
Perrier, Magistrate, 127, 139, 140, 142
Pettit, S. G., "Dear Sir Matthew": A Glimpse
of Judge Begbie, 1-14; His Honour's
Honour: Judge Begbie and the Cottonwood
Scandal, 187-210; Judge Begbie in Action:
The Establishment of Law and Preservation of Order in British Columbia, 113-148;
The Tyrant Judge: Judge Begbie in Court,
273-294
Philo-Junius, pseud., see O'Byrne, Felix
Pickford, A. E., Indian Relics of the Pacific
Northwest, review by, 67, 68; Prehistoric
Cairns and Mounds in British Columbia,
237-263; Report on a Prehistoric Burial
Mound located on the Comiaken Indian
Reserve, Duncan, B.C., 250-256
Pioneer Line, 87, 88, 91,  92, 99, 100
Pits, 263;   Point Roberts, 258
Police, B.C., 128-130, 141
Polo, Marco, 23
Popov, John, see Innocent, Bishop
Portlock, Nathaniel, 27, 29
Powell, Israel W., 33, 34
Powell, Israel Wood., 33-54
Powell, Mary, 51
Powell, Sir Thomas, 34
Powell, Walker, 43
Powell, M.D., CM.; Lieutenant-Colonel,
Israel Wood, 33-54
Powell Lake, 50
Powell River, 50, 54
Powell Street, 51, 64
Pre-emptions, 187-189, 195-201, 203-207, 209,
210
Prehistoric Cairns and Mounds in British
Columbia, 237-263
Pringle, Rev. A. D., 176-178, 206
Quahook, Indian, 144
Ramage, 202
Ramsay, George, 175
Raymur, J. A., 76
Richardson, James, 245
Richardson, William, 101
Rickard, T. A., The Big Bonanza, review by,
233-235;   The Sea-otter in History, 16-31;
The Westward Crossings, review by, 64-67
Ring, D. B., 283-285
Rithet, R. P., 99, 103
Roberts, Morley, 81, 82
Robinson, James, 102, 109
Robson, John, 53, 116, 134, 147, 148, 170-172,
193,   196,  200-207,  210,   274,   275,  279,   283,
285-289, 291, 294
Rogers, Jeremiah, 102, 110
Rogers, William, 102, 110
Rondeault, Father Peter, 251-253 Index.
305
Ross, Charles, 214
Royal City Planing Mills, 102
Royal Engineers, 114, 115, 128, 129, 138-141,
169, 198, 199, 221, 228, 225
Royal Engineers' Club, 169
Runnalls,   F.   E.,   Augustus  Schubert,   1855-
1946, 61
Russian American Company, 20, 23, 27
Rylatt, R. M., 176
Sage, W. N., Colony to Nation, review by,
164-156; Sir James Douglas, K.C.B.: The
Father of British Columbia, 211-227
St. John's Church, Victoria, 13
St. Michael's Cathedral. Sitka, 271
St. Nicholas Hotel, Victoria, 165
St. Paul's Central School and Hall of Improvement, Nanaimo, 183, 184
Salmon Arm. 1885-191S, History of, review
of, 231-233
Sauer, Martin, 24
Schubert, Augustus, obituary, 61
Scorpion, The, 174, 175
Scott, J. T., 208
Scriven, Archdeacon Austin, 11
Sea-otter in History, The, 15-31
Sea-otters, 15-81
Seaman, H. G., Indian Relics of the Pacific
Northwest, review of, 67, 68
Seymour, Frederick, 36, 39, 43, 46, 47, 69,
172, 180, 186, 226
Sheepshanks, Rev. John, 168, 178
Shelekhov, Grigor, 20
Shepherd, Mrs. J. G., 101
Shiels, Archie W., The Work of Veniaminov
in Alaska, 265-272
Ships, Ada, 102, 109; Adelaide, 99, 107;
Beaver, 114; C. B. Lamb, 106; Caroline,
27; Cassiar, 90, 91, 93, 95, 107; Chinaman,
101, 102, 109; Elizabeth J. Irving, 92,
94-96, 107; Enterprise, 70, 72-74, 86, 87,
100, 141; Etta White, 102, 103, 109;
Euphrates, 96; Experiment, 169; Flying
Dutchman, 79; Gem, 80-82, 86, 88, 91, 96,
107; Gertrude, 82-85, 96,100,108; Glenora,
77-80, 82, 84-86, 88, 108; Henrietta, 70;
Hope, 70-73, 75, 77, 79, 80, 82, 83 ; Imperial
Eagle, 27; Isabel, 80, 100, 101, 110; Josie
McNear, 242; Kamloops. 104, 105, 111;
King George, 27; Lady Dufferin, 105, 111;
Leonora, 104, 110; Lillooet, 70, 71, 75,
81, 83; Lily, 102, 110; Maggie, 102, 110;
Marten, 104, 111; Matthews, 212; Maude,
100; Myra, 95, 96, 108; Nootka, 27;
Norman Morison, 241; Olympia, see Princess Louise; Onward, 70-72, 75-77, 80, 81,
84; Otter, 70, 100, 114; Pacific, 35, 88;
Pacific Slope, see Myra; Pearl, 27; Peerless, 106, 111; Prince of Wales, 212; Princess Louise, 87, 91, 100, 108; Princessa,
21; Queen Charlotte, 27; R. P. Rithet, 96,
99, 100, 108; Reliance, 70, 71, 77; Reliance
(2), 84, 86, 88, 90, 91, 100, 108; Robert
Dunsmuir, 102, 110; H.M.S. Rocket, 50;
Royal City, 83-86, 88, 91, 92, 94, 108; St.
Peter, 19, 20 ; Santiago, 21; H.M.S. Satellite, 114,139; Sea Foam, 101,102; Senator,
104,   110;   Skidegate,   104;  Skuzzy,   97-99,
109; Sonora, 22; Spallumcheen,  106,  111;
Sudden   Jerk,    see    Union    (2) ;     H.M.S.
Sulphur, 268; H.M.S.  Thetis, 261; H.M.S.
Trincomalee,   261;   Union,   71,   72;   Union
(2),   72,   103,   110;   Victoria,   70,   88,   97;
Western  Slope,   89-96,   100,   109;   William
Irving,   88-91,   95,   100,   109;   Wilson   G.
Hunt, 86, 87, 100, 109
Shorthand,  8
Simpson,  Sir George, 211, 214-216, 269, 270
Sir James Douglas, K.C.B.:   The Father of
British Columbia, 211-227
Sitka, 267, 268
Smith, David, 98, 99
Smith, Harlan I., 246, 247, 256-268
Smith, Lockhart, 76, 77, 108, 110
Smith, S. R., 98, 99
Snow, H. J., 17, 26
South Sea Company, 30
Spalding, W. R., 189
Spencer, David,  166
Spratt, Joseph, 71, 87, 99, 100
Sproat, G. M., 164, 166
Stalker, Hugh, 103
Stamp, Edward, 100, 110
Stanley, George F. G., Minutes of the Hudson's Bay Company, 1679-1684- First Part,
1679-168X, review by, 161, 152
Stanwell-Fletcher,   T.   C,   Driftwood   Valley,
review  of,   68
Steamboat Days, 1870-1883, British Columbia,
69-111
Steele, Sam, 51
Steffen, John F., 84
Steller,   George  W.,  20
Stephens, W. J., 90, 107
Stikine River, 77-79
Strange, James, 26, 159
Street,  Charles,  38
Stuart, John, 53
Stuart, John Richardson, 167
Sturgis, William, 27
Suter,  John, 27
Swanwick,   Thomas  Ffoulkes,   167
Swift River, 197, 198
Swiggert,  Phillip,  44
Tackaberry, J. D., 91, 99
Tait, Lily, 105
Talman, James J., Loyalist Narratives from
Upper Canada, review of, 153, 154
Taraval,   Sigismundo,  21
Third Crossing, review of, 297-299
Thomas, Robert, 178
Thomson,   John,   212
Tlingit Indians, 267-269
Tod, John, 213
"Toes," 29, 30
Tolmie, Simon Fraser, 44
Tolmie, William Fraser, 38, 160, 161
Tolstyk, Andrew, 20
Trahey, James, 100, 110, 111
Travis, 192, 194, 207, 283
Trutch,  Joseph, 47
Tyrant Judge:   Judge Begbie in Court, The,
273-294 306
Index.
Unalaska, 266
Union Steamship Company of British Columbia, 104
University of British Columbia, 62, 63
Van Bramer, James, 101-104, 109, 110
Vancouver, George, 16
Vancouver  Island,   establishment   of   colony,
118, 119, 218
Vanwinkle, 195,  197-199, 208
Venegas, Miguel, 21
Veniaminov, see Innocent, Bishop
Veniaminov in Alaska, The Work of, 265-272
Victoria Exchange Reading and News Room,
166
Victoria Literary Institute, 164-166
Victoria Public Library, 166
Victoria Volunteer Rifles, 40, 41
Waccan, Indian, 214
Waddington, Alfred, 39
Wade, James C, 196, 197, 200, 204
Walbran, John T., 50
Walden, 288
Walkem,  George A.,  180-137,  276,  277,  279,
289
Walkem, Mrs. George A., 94
Walkem, Wymond, 136, 145
Walker, H. P.,  192, 194, 199, 207, 288, 290,
291
Walker, J. G., 80, 107
Wallis, Samuel, 29
Warren,  J.  D.,  97
Watson v. Borealis, 289
Watson, Alexander, 76,  84,  89, 94,  96,  105-
111
Webber, John, 17
Westward1 Crossings, The, review of, 64-67
Whannell, P. B., 127, 129, 188-140, 142
Willamette Iron Works, 80, 84, 89
Williams, W. E. W., 174, 175
Williams Creek, 208
Wilson,  Florence, 179,  180
Wilson, W. B., 88, 104, 105
Winship, Jonathan, 25
Wolfenden,   Madge,  Books  and Libraries  in
Fur-trading   and   Colonial   Days,   169-186;
Growing Pains, review by, 63, 64
Wolfenden, Richard, 176
Work, John, 213, 214, 217
Work of Ventaminoi; in Alaska, The, 266-272
Wright v. Cranford, 127, 130, 134, 136, 192,
193, 206, 273-286, 288.
Wright, George S., 87, 141
Wright,  Gustavus  Blin,  70,  72-74,  192,  205,
273-286,  288
Wright, Archdeacon, H. P., 171
Young, W. A. G., 38, 116, 123, 189-193, 195-
197
Young Men's Christian Association, Victoria,
163,  164
VICTORIA, B.C.:
Printed by Don McDurhid, Printer to tbe King's Most Excellent Majesty.
194S.
650-1147-6931 BRITISH COLUMBIA HISTORICAL ASSOCIATION
Organized October 31st, 1922.
PATRON.
His Honour Charles A. Banks, Lieutenant-Governor of British Columbia.
OFFICERS, 1947.
Hon. G. M. Weir  Honorary President.
George B. White     .... President.
Madge Wolfenden       .... past President.
Alma Russell ----- 1st Vice-President.
Rev. W. Stott  2nd Vice-President
Helen R. Boutujer -       -       -       - Honorary Secretary.
J. K. Nesbitt  Honorary Treasurer.
MEMBERS OF THE COUNCIL.
Burt R. Campbell. H. C. Holmes. W. Kaye Lamb.
B. A. McKelvie. T. A. Rickard. W. N. Sage.
Willard E. Ireland Muriel R. Cree Rev. W. Stott
(Provincial Archivist;       (Victoria Section).      (Vancouver Section).
Editor, Quarterly).
OBJECTS.
To encourage historical research and stimulate public interest in history;
to promote the preservation and marking of historic sites, buildings, relics,
natural features, and other objects and places of historical interest, and to
publish historical sketches, studies, and documents.
MEMBERSHIP.
Ordinary members pay a fee of $2 annually in advance. The fiscal year
commences on the first day of January. All members in good standing
receive the British Columbia Historical Quarterly without further charge.
Correspondence and fees may be addressed to the Provincial Archives,
Parliament Buildings, Victoria, B.C.

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