"87caf7ed-e514-45c6-891e-3a7fd1ed408b"@en . "CONTENTdm"@en . "CORRESPONDENCE OF W. J. LEDINGHAM."@en . "http://resolve.library.ubc.ca/cgi-bin/catsearch?bid=1198198"@en . "Sessional Papers of the Province of British Columbia"@en . "British Columbia. Legislative Assembly"@en . "2014-12-10"@en . "[1900]"@en . "https://open.library.ubc.ca/collections/bcsessional/items/1.0063865/source.json"@en . "application/pdf"@en . " 63 Vict. Correspondence of W. J. Ledingham. 537\nRETURN\nTo an Order of the House for certain communications from W. J. Ledingham, dated\nJanuary 1st, ult., with accompanying documents.\nC. A. SEMLIN,\nProvincial Secretary.\nProvincial Secretary's Office,\n14th February, 1900.\nNanaimo, B.C., January 1st, 1900.\nHonourable Charles Semlin,\nPremier of the Province of British Columbia.\nSir,\u00E2\u0080\u0094While in the the opposition, you took an active part on behalf of the agricultural\nsettlers who were claimants against the Government and the Esquimalt and Nanaimo Railway\nCo. Soon after you became Premier, I laid before you charges of false swearing on the part\nof W. S. Gore, while Surveyor-General of the Province.\nDuring an interview at your office by David Hoggan and myself, you referred us to the\nHon. Joseph Martin\u00E2\u0080\u0094then Attorney-General\u00E2\u0080\u0094as being the proper authority to deal with\nsaid charges. Not having received any reply, I wrote the Attorney-General Feb. 1st, 1899,\nagain calling attention to the charges above referred to, and enclosed, in addition, charges of\n\" perjury \" against Marshal Bray, Government Agent at Nanaimo, the substance of which I\nhereby enclose, in the event of the matter not having been brought to your notice.\nI beg to state that a reply in answer to the Gore charges was afterwards received from\nMr. Maclean, Deputy Attorney-General, who admitted that \" Gore may have made some\nmistakes in his testimony given before the the Committee referred to,\" but that \" it is utterly\nout of the question to think of dealing with this matter by criminal proceedings.\" With\nregard to the charges against Marshal Bray, Government Agent, we have received no reply,\nand hereby request that the entire matter be laid before the Attorney General, who in one\nhour can examine the evidence referred to in support of said charges, and any authorities\nreferred to not at the command of the Department will be forwarded on request.\nOwing to the wilful perjury on the part of Government officials referred to, the case of\nDavid Hoggan\u00E2\u0080\u0094being a test case against the E. & N. Railway Co. of the settlers which was\ncarried to the Privy Council\u00E2\u0080\u0094was 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\nof Canada, Hoggan vs. E. & N. Railway Co.); 2nd, that Hoggan could not show himself to be\nan actual settler, for the alleged reason that his application to pre-empt was refused when first\nmade to the Land Office at Nanaimo, and never at any time entertained.\nI submit, Sir, as you will see by following the case throughout, that the evidence of these\ngentlemen was a part in a conspiracy to defeat the settlers, of whom yourself helplessly\nappeared as their protector. As you are aware, there was, at the time you were successful in 538 Correspondence of W. J. Ledingham. 1899\nhaving the Select Committee appointed, no successful attempt to cover up the fact that the\napplication of Hoggan and others were made in the regular way, received by Marshal Bray,\nand remained for four years on file in the Land Office before they were required before the\nCommittee of which you were a component part. The attempt at that investigation was to\nshow that the land applied for by settlers in question was a part of Newcastle Town, commonly\nknown as \" the townsite,\" for which purpose, later on before the Courts, there was a bogus\nmap or plan submitted, drawn up by Mr. Hammond, a draughtsman in the employ of the E.\n& N. Railway Co., and by the direction of C. E. Pooley, so stated by witness in evidence\n(Hoggan's Appeal Book, Ques. 793 to 819). The plan above referred to was calculated to\nsustain 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\nmany times requested to do so, Elijah Priest having previously exposed the bogus map, as\nshown in the evidence.\nHad David Hoggan been notified to appear before Select Committee, as resolved on your\nmotion, Mr. Gore would not have ventured the evidence then given; but, should he have done\nso, the simple reading of the application itself was sufficient to settle the matter, the same\nhaving been laid before your committee by Mr. Gore himself. Being a surveyor, and in full\npossession of the facts, there can be no excuse for him, as we are prepared to show.\nYou will see in the evidence before the Courts of Marshal Bray, the Government Agent\nat Nanaimo, the firm, unwavering testimony to the effect that he had never at any time\nreceived any formal application whatsoever from David Hoggan, but, Hon. Sir, I submit that,\naside from the letters of the Government Agent himself as they appear in the Journals, you\nare a living witness to the contrary, as the application which Bray in 1890 swears before the\nCourts that he did not receive is included in your report of 1886, and openly appears in the\nJournals of that year, extracts from which were so religiously kept out of Court, so far as\nplaintiff only was concerned.\nThe evidence given by these gentlemen still in the employ of your Government had the\neffect of driving all those settlers from their homes, fences thrown down, goods and household\neffects thrown out on the road, and buildings burned. Peter Brodie, one of the sufferers,\nbecame a mental wreck, was picked up from the streets in Nanaimo and taken to the hospital,\nwhere he afterwards died, as the result of the treatment received, and only made possible by\nthe action of those now the servants of your Government.\nHoggan, in attempting to secure the rights of himself and the other settlers, spent many\nthousands of hard earned dollars, and in order that he will be in a position to proceed in having\nset aside the judgment of the Courts, I hereby request that the accompanying facts be duly\nconsidered by your Government, and an early opportunity afforded the said David Hoggan, or\nhis agent, to substantiate the same.\nAll of which is respectfully submitted.\nW. J. Ledingham,\nAgent for David Hoggan.\nCharges of false swearing on the part of Marshal Bray, Government Agent at Nanaimo, before\nthe Courts in 1890, and in the case between David Hoggan (Plaintiff) and the\nEsquimalt and Nanaimo Railway Co. (Defendants).\nIn the Journals of the Legislature of the Province of British Columbia for 1886, page xiv.,\nwill be found a letter addressed by Marshal Bray, Government Agent at Nanaimo, to W. S.\nGore, then Surveyor-General of the Province, and dated Nanaimo, B. C, September 7th, 1885.\nThe following extract will be found in the letter referred to:\u00E2\u0080\u0094\"Now he (David Hoggan) did\nnot occupy said land until after date of his application filed in this office 19th March, 1882.\"\nBy referring to another letter, addressed as above referred to, and dated Nanaimo, B. C,\nFebruary 19th, 1886, Journal, page xvii., it will be seen that the Government Agent (Mr. 63 Vict. Correspondence of W. J. Ledingham. 539\nBray) encloses, among others, the application above referred to, to Mr. Gore, the Surveyor-\nGeneral, and states:\u00E2\u0080\u0094\"I enclose herein applications made to me prior to the passing of the\nSettlement Bill.\" And also requests as follows:\u00E2\u0080\u0094\"Please to return the enclosed applications\nwhen you have done with them, as they may be of service in this office in the event of the\nland being thrown open.\" A copy of the original application will be found in the evidence\u00E2\u0080\u0094\nSelect Committee on Public Lands, Journal, 1886, page xvii.\nApplication.\n\"Nanaimo, March 19th, 1882.\n\"Sir,\u00E2\u0080\u0094I beg herewith to apply for one hundred and sixty (160) acres of land, coloured\npink, and marked with the letters A, B, C and D on the accompanying plan, containing one\nhundred and sixty acres, bounded on the north by the land occupied by William Henry\nJenkins, on the south by Newcastle Townsite and Government Reserve, and on the east by\nExit Passage.\n\" I have, &c,\n(Signed) \" David Hoggan.\"\nH. A. B.\u00E2\u0080\u0094The following evidence was given by Marshal Bray, Government Agent at\nNanaimo, in the action between David Hoggan and Railway Company before mentioned, July\n23rd, 1890 (Hoggan's Appeal Book, page 55):\u00E2\u0080\u0094\nMarshal Bray, called and sworn. Examined by Pooley, counsel for defence.\nQues. 711.\u00E2\u0080\u0094Since you have been in your position as Government Agent at Nanaimo has\nthe plaintiff made application to you for any land, to pre-empt any land on what is known as\nthe Newcastle Townsite Reserve? Ans.\u00E2\u0080\u0094Yes.\nQues. 712.\u00E2\u0080\u0094When did he make the first application to you? Ans.\u00E2\u0080\u0094It was sometime in\nMay, 1882. I think in March, 1882.\nQues. 714.\u00E2\u0080\u0094Did you allow him to pre-empt? Ans.\u00E2\u0080\u0094No.\nQues. 715.\u00E2\u0080\u0094You did not accept his pre-emption? Ans.\u00E2\u0080\u0094No, it was just an informal\napplication to pre-empt or purchase.\nQues. 716.\u00E2\u0080\u0094When he made that application you say you refused it? Ans.\u00E2\u0080\u0094I refused it.\nRespectfully submitted.\nW. J. Ledingham,\nAgent for David Hoggan.\nCharges of Perjury committed by William Sinclair Gore while Surveyor-\nGeneral of the Province of British Columbia before the Select Committee\non Public Lands in 1886, and also before the Courts in 1890, as follows:\nGore examined by Pooley before Select Committee :\u00E2\u0080\u0094\n1. Ques.\u00E2\u0080\u0094Is the land applied for by David Hoggan and Samuel Wad- Journal, 1886, page\ndington part of the land shown upon the official map of the town of ix.\nNewcastle ? Ans.\u00E2\u0080\u0094Yes.\n2. To Mr. Beaven: Will you produce Hoggan's application? Ans.\u00E2\u0080\u0094We Journal, 1886, page\nhave no application in this office from Hoggan other than Mr. McKenzie's ix.\nletter dated 31st August, 1885. The application had been made to the\ndistrict office and had been refused.\n3. Before the Court in 1890 the said W. S. Gore absolutely refrained Hoggan's Appeal\nfrom answering the material question put to him by Court as to whether the Book, pages 49-50.\nland claimed by plaintiff covers any of the town lots. Case page 49-50.\n4. Mr. Gore, in his answer covering Questions 616 and 624, substantiates H.A.B., 616-624.\nthe statement of Theo. Davie, that there are six lots shown on plan (put in\nby Gore) embraced in Hoggan's claim.\n5. In cross-examination, Gore twice withheld what he knew to be the H.A.P., Ques. 652-\nwhole truth, and refuses to answer further than to state: \"I did not say 653.\nthat land claimed by plaintiff covers the town lots,\" thereby giving a direct\nnegative to the testimony given by himself before the Select Committee. 540 Correspondence of W. J. Ledingham. 1899\nJournals, 1886, page In support of Charge 1, I beg to refer to you the plan, description and\nxvu- application of David Hoggan, dated March 19th, 1882:\u00E2\u0080\u0094\"Bounded on the\nSouth by Newcastle Townsite and Government Reserve.\"\nH.A.B. Ques. 652- To the evidence of Gore himself in cross-examination before the Court in\n653- 1890, and also to the following evidence before the same Court by Elijah\nPriest, the P. L. S., who surveyed the land claimed by plaintiff.\nH.A.B. 346. Ques.\u00E2\u0080\u0094Is the land that Mr. Hoggan claims the right to purchase in this\nsuit any part of the townsite lots? Ans.\u00E2\u0080\u0094Not the town lots.\nH.A.B. 347. Ques.\u00E2\u0080\u0094Or any part of the suburban lots? Ans.\u00E2\u0080\u0094Nor any part of the\nsuburban lots. That is as far as the original survey was made.\nH.A.B. 348. Ques.\u00E2\u0080\u0094What do you mean by that? Ans.\u00E2\u0080\u0094On the official map.\nJournal, 1886, page In support of Charge 2. In addition to the letter dated 31st August,\nxv. 1885, there was the letter suppressed by the Surveyor-General, Mr. Gore,\nfrom before the Select Committee and dated October 19th, 1885, with\nreference to the fact of David Hoggan having been offered fifteen acres of\nthe land in question by Robert Dunsmuir, in the presence of C. C. McKenzie,\nas settlement in full of claim.\nJournal, 18S6, page Mr. Gore was informed by the Government Agent at Nanaimo, by letter\nxlv' dated September 7th, 1885, to the effect that the application of David\nHoggan had been filed in the district office March 19th, 1882, being but five\nmonths and ten days previous to said testimony referred to. The only formal\napplication ever made by Hoggan to the district office was received, and not\nrefused, as sworn to by accused in the face of his being in possession of the\nfull facts.\nTaschereau'sCanada Statement 3.\u00E2\u0080\u0094I beg to refer to you Chapter 154, \"An Act respecting\nCriminal Acts, page < perjury!'\" sec. 2, sub-section (c), wherein it is set forth:\u00E2\u0080\u0094\n\" Knowingly, wilfully and corruptly omits from any such affidavit,\nRevised Criminal affirmation or declaration, sworn or made under the provisions of any law,\nT887 \u00C2\u00B0n 0-^42 a' any matter which by the provisions of such law is required to be stated in\nsuch affidavit, affirmation, or declaration,\" \"is guilty of wilful and corrupt\nperjury and liable to be punished accordingly.\"\nEvidence in support Statement 4.\u00E2\u0080\u0094Charge 4 is substantiated by the evidence of Elijah Priest,\nof charge (1) all to ag cited in answer\" to Charge 1; by the application of plaintiff itself, and\n\u00E2\u0084\u00A2 *' also by the Surveyor-General himself denying, during cross-examination, as\nto having stated that the land claimed by Hoggan covers some of the town\nlots.\nStatement 5 is sustained by the evidence of Gore himself before the Select\nCommittee referred to in Charge 7, and also by his own statement as referred\nto in Charge 4, for it is evident that the intention was to convey the\nimpression that Hoggan was claiming land shown on the official map of the\ntown of Newcastle, in his answer to Court Question 624.\nThe first part of the Charge (5) I submit will come under the Act cited\nin connection with Charge 3.\nRespectfully submitted.\nW. J. Ledingham,\nAgent for David Hoggan.\nVICTORIA, B.C.:\nPrinted by Richard Wolfenden, Printer to the Queen's Most Excellent Majesty.\n1900."@en . "Legislative proceedings"@en . "J110.L5 S7"@en . "1900_18_0537_0540"@en . "10.14288/1.0063865"@en . "English"@en . "Vancouver : University of British Columbia Library"@en . "Victoria, BC : Government Printer"@en . "Images provided for research and reference use only. For permission to publish, copy or otherwise distribute these images please contact the Legislative Library of British Columbia"@en . "Original Format: Legislative Assembly of British Columbia. Library. Sessional Papers of the Province of British Columbia"@en . "RETURN To an Order of the House for certain communications from W. J. Ledingham, dated January 1st, ult., with accompanying documents."@en . "Text"@en . ""@en .