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RETURN To an Order of the House for certain communications from W. J. Ledingham, dated January 1st, ult.,… British Columbia. Legislative Assembly 1900

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 63 Vict. Correspondence of W. J. Ledingham. 537
To an Order of the House for certain communications from W. J. Ledingham, dated
January 1st, ult., with accompanying documents.
Provincial Secretary.
Provincial Secretary's  Office,
14th February, 1900.
Nanaimo, B.C., January 1st, 1900.
Honourable Charles Semlin,
Premier of the Province of British Columbia.
Sir,—While in the the opposition, you took an active part on behalf of the agricultural
settlers who were claimants against the Government and the Esquimalt and Nanaimo Railway
Co. Soon after you became Premier, I laid before you charges of false swearing on the part
of W. S. Gore, while Surveyor-General of the Province.
During an interview at your office by David Hoggan and myself, you referred us to the
Hon. Joseph Martin—then Attorney-General—as being the proper authority to deal with
said charges. Not having received any reply, I wrote the Attorney-General Feb. 1st, 1899,
again calling attention to the charges above referred to, and enclosed, in addition, charges of
" perjury " against Marshal Bray, Government Agent at Nanaimo, the substance of which I
hereby enclose, in the event of the matter not having been brought to your notice.
I beg to state that a reply in answer to the Gore charges was afterwards received from
Mr. Maclean, Deputy Attorney-General, who admitted that " Gore may have made some
mistakes in his testimony given before the the Committee referred to," but that " it is utterly
out of the question to think of dealing with this matter by criminal proceedings." With
regard to the charges against Marshal Bray, Government Agent, we have received no reply,
and hereby request that the entire matter be laid before the Attorney General, who in one
hour can examine the evidence referred to in support of said charges, and any authorities
referred to not at the command of the Department will be forwarded on request.
Owing to the wilful perjury on the part of Government officials referred to, the case of
David Hoggan—being a test case against the E. & N. Railway Co. of the settlers which was
carried to the Privy Council—was defeated on two grounds, namely : 1st, that he was claiming land laid out in town plots of from three to five acres each (see judgment, Supreme Court
of Canada, Hoggan vs. E. & N. Railway Co.); 2nd, that Hoggan could not show himself to be
an actual settler, for the alleged reason that his application to pre-empt was refused when first
made to the Land Office at Nanaimo, and never at any time entertained.
I submit, Sir, as you will see by following the case throughout, that the evidence of these
gentlemen was a part in a conspiracy to defeat the settlers, of whom yourself helplessly
appeared as their protector.    As you are aware, there was, at the time you were successful in 538 Correspondence of W. J. Ledingham. 1899
having the Select Committee appointed, no successful attempt to cover up the fact that the
application of Hoggan and others were made in the regular way, received by Marshal Bray,
and remained for four years on file in the Land Office before they were required before the
Committee of which you were a component part. The attempt at that investigation was to
show that the land applied for by settlers in question was a part of Newcastle Town, commonly
known as " the townsite," for which purpose, later on before the Courts, there was a bogus
map or plan submitted, drawn up by Mr. Hammond, a draughtsman in the employ of the E.
& N. Railway Co., and by the direction of C. E. Pooley, so stated by witness in evidence
(Hoggan's Appeal Book, Ques. 793 to 819). The plan above referred to was calculated to
sustain the evidence of the Surveyor-General, given before yourself as one of the Select Committee on Public Lands, but which he himself, before the Courts, refused to sustain, although
many times requested to do so, Elijah Priest having previously exposed the bogus map, as
shown in the evidence.
Had David Hoggan been notified to appear before Select Committee, as resolved on your
motion, Mr. Gore would not have ventured the evidence then given; but, should he have done
so, the simple reading of the application itself was sufficient to settle the matter, the same
having been laid before your committee by Mr. Gore himself. Being a surveyor, and in full
possession of the facts, there can be no excuse for him, as we are prepared to show.
You will see in the evidence before the Courts of Marshal Bray, the Government Agent
at Nanaimo, the firm, unwavering testimony to the effect that he had never at any time
received any formal application whatsoever from David Hoggan, but, Hon. Sir, I submit that,
aside from the letters of the Government Agent himself as they appear in the Journals, you
are a living witness to the contrary, as the application which Bray in 1890 swears before the
Courts that he did not receive is included in your report of 1886, and openly appears in the
Journals of that year, extracts from which were so religiously kept out of Court, so far as
plaintiff only was concerned.
The evidence given by these gentlemen still in the employ of your Government had the
effect of driving all those settlers from their homes, fences thrown down, goods and household
effects thrown out on the road, and buildings burned. Peter Brodie, one of the sufferers,
became a mental wreck, was picked up from the streets in Nanaimo and taken to the hospital,
where he afterwards died, as the result of the treatment received, and only made possible by
the action of those now the servants of your Government.
Hoggan, in attempting to secure the rights of himself and the other settlers, spent many
thousands of hard earned dollars, and in order that he will be in a position to proceed in having
set aside the judgment of the Courts, I hereby request that the accompanying facts be duly
considered by your Government, and an early opportunity afforded the said David Hoggan, or
his agent, to substantiate the same.
All of which is respectfully submitted.
W. J. Ledingham,
Agent for David Hoggan.
Charges of false swearing on the part of Marshal Bray, Government Agent at Nanaimo, before
the Courts in 1890, and in the case between David Hoggan (Plaintiff) and the
Esquimalt and Nanaimo Railway Co. (Defendants).
In the Journals of the Legislature of the Province of British Columbia for 1886, page xiv.,
will be found a letter addressed by Marshal Bray, Government Agent at Nanaimo, to W. S.
Gore, then Surveyor-General of the Province, and dated Nanaimo, B. C, September 7th, 1885.
The following extract will be found in the letter referred to:—"Now he (David Hoggan) did
not occupy said land until after date of his application filed in this office 19th March, 1882."
By referring to another letter, addressed as above referred to, and dated Nanaimo, B. C,
February  19th,  1886, Journal, page xvii., it will be seen that the Government Agent (Mr. 63 Vict. Correspondence of W. J. Ledingham. 539
Bray) encloses, among others, the application above referred to, to Mr. Gore, the Surveyor-
General, and states:—"I enclose herein applications made to me prior to the passing of the
Settlement Bill." And also requests as follows:—"Please to return the enclosed applications
when you have done with them, as they may be of service in this office in the event of the
land being thrown open." A copy of the original application will be found in the evidence—
Select Committee on Public Lands, Journal, 1886, page xvii.
"Nanaimo, March 19th, 1882.
"Sir,—I beg herewith to apply for one hundred and sixty (160) acres of land, coloured
pink, and marked with the letters A, B, C and D on the accompanying plan, containing one
hundred and sixty acres, bounded on the north by the land occupied by William Henry
Jenkins, on the south by Newcastle Townsite and Government Reserve, and on the east by
Exit Passage.
" I have, &c,
(Signed)        " David Hoggan."
H. A. B.—The following evidence was given by Marshal Bray, Government Agent at
Nanaimo, in the action between David Hoggan and Railway Company before mentioned, July
23rd, 1890 (Hoggan's Appeal Book, page 55):—
Marshal Bray, called and sworn.    Examined by Pooley, counsel for defence.
Ques. 711.—Since you have been in your position as Government Agent at Nanaimo has
the plaintiff made application to you for any land, to pre-empt any land on what is known as
the Newcastle Townsite Reserve?    Ans.—Yes.
Ques. 712.—When did he make the first application to you? Ans.—It was sometime in
May, 1882.    I think in March, 1882.
Ques. 714.—Did you allow him to pre-empt?    Ans.—No.
Ques. 715.—You did not accept his pre-emption? Ans.—No, it was just an informal
application to pre-empt or purchase.
Ques. 716.—When he made that application you say you refused it?    Ans.—I refused it.
Respectfully submitted.
W. J. Ledingham,
Agent for David Hoggan.
Charges of Perjury committed by William Sinclair Gore while Surveyor-
General of the Province of British Columbia before the Select Committee
on Public Lands in 1886, and also before the Courts in 1890, as follows:
Gore examined by Pooley before Select Committee :—
1. Ques.—Is the land applied for by David Hoggan  and  Samuel Wad- Journal, 1886, page
dington part of   the land shown upon   the   official   map  of  the   town   of ix.
Newcastle ?    Ans.—Yes.
2. To Mr. Beaven: Will you produce Hoggan's application?    Ans.—We Journal, 1886, page
have no  application in this office from Hoggan other than Mr. McKenzie's ix.
letter dated 31st August,   1885.    The application had been made to the
district office and had been refused.
3. Before the Court in 1890 the said W. S. Gore absolutely refrained Hoggan's Appeal
from answering the material question put to him by Court as to whether the Book, pages 49-50.
land claimed by plaintiff covers any of the town lots.    Case page 49-50.
4. Mr. Gore, in his answer covering Questions 616 and 624, substantiates H.A.B., 616-624.
the statement of Theo. Davie, that there are six lots shown on plan (put in
by Gore) embraced in Hoggan's claim.
5. In cross-examination, Gore twice withheld what he knew  to  be the H.A.P., Ques. 652-
whole truth, and refuses to answer further than to  state:   "I  did  not say 653.
that land claimed by plaintiff covers the town lots," thereby giving a direct
negative to the testimony given by himself before the Select Committee. 540 Correspondence of W. J. Ledingham. 1899
Journals, 1886, page      In support of Charge 1, I beg to refer to you  the  plan, description and
xvu- application of David Hoggan, dated March 19th, 1882:—"Bounded on the
South by Newcastle Townsite and Government Reserve."
H.A.B. Ques. 652- To the evidence of Gore himself in cross-examination before the Court in
653- 1890, and also to the following evidence before the same  Court by Elijah
Priest, the P. L. S., who surveyed the land claimed by plaintiff.
H.A.B. 346. Ques.—Is the land that Mr. Hoggan claims the right to purchase in this
suit any part of the townsite lots?    Ans.—Not the town lots.
H.A.B. 347. Ques.—Or any part of the suburban lots?    Ans.—Nor any part of the
suburban lots.    That is as far as the original survey was made.
H.A.B. 348. Ques.—What do you mean by that?    Ans.—On the official map.
Journal, 1886, page        In  support of Charge 2.    In addition to the letter dated 31st August,
xv. 1885, there was the letter suppressed by the Surveyor-General,  Mr. Gore,
from before the Select Committee and dated October 19th, 1885, with
reference to the fact of David Hoggan having been offered fifteen acres of
the land in question by Robert Dunsmuir, in the presence of C. C. McKenzie,
as settlement in full of claim.
Journal, 18S6, page Mr. Gore was informed by the Government Agent at Nanaimo, by letter
xlv' dated   September  7th,   1885,   to  the effect  that the  application of  David
Hoggan had been filed in the district office March 19th, 1882, being but five
months and ten days previous to said testimony referred to. The only formal
application ever made by Hoggan to the district office was received, and not
refused, as sworn to by accused in the face of his being in possession of the
full facts.
Taschereau'sCanada Statement 3.—I beg to refer to you Chapter 154, "An Act respecting
Criminal Acts, page < perjury!'" sec. 2, sub-section (c), wherein it is set forth:—
" Knowingly,   wilfully   and   corruptly   omits   from   any   such   affidavit,
Revised Criminal      affirmation or declaration,  sworn or made under the provisions of any law,
T887 °n 0-^42 a' any matter which by the provisions of such law is required to be stated in
such affidavit, affirmation, or declaration,"   "is guilty of wilful and corrupt
perjury and liable to be punished accordingly."
Evidence in support      Statement 4.—Charge 4 is substantiated by the evidence of Elijah Priest,
of charge (1) all to     ag cited in answer" to Charge  1; by the application of plaintiff itself, and
™ *' also by the Surveyor-General himself denying, during cross-examination, as
to having stated that the land claimed by Hoggan covers some of the town
Statement 5 is sustained by the evidence of Gore himself before the Select
Committee referred to in Charge 7, and also by his own statement as referred
to in Charge 4, for it is evident that the intention was to convey the
impression that Hoggan was claiming land shown on the official map of the
town of Newcastle, in his answer to Court Question 624.
The first part of the Charge (5) I submit will come under the Act cited
in connection with Charge 3.
Respectfully submitted.
W. J. Ledingham,
Agent for David Hoggan.
Printed by Richard Wolfenden, Printer to the Queen's Most Excellent Majesty.


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