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JARVIS, -*■ I m. 1< -^1 As there is no longer any doubt as to the determination of tho Honourable the Postmaster-General not to allow me any opportv^nity to testify before a proper tribunal in my own behalf as to my innocence of the charges brought against mo by Mr. Griffin, and feeling that I have exhausted every argument to induce him to do so, I have no other alter- native but to pubhsh the whole correspondence, and leave the world to judge for themselves as to the merits of the case. As tlae charge upon which I was arrested and tried was the strongest (of the several,) which the prosecution laid against me, I herevrtth produce only the evidence as taken before the Police Magistrate in that one ; tho evidence in the others was of a still weaker nature, and many are inclined to think that none of the evidence was Sufficient to warrant a committal ; but, as Mr. Griffin remarked, (see page 3,) the Police Magistrate would do anything he wished him to do. ^^I call particular attention to Mr. Murphy's evidence, (see page vi,) and ■'Mr. Osborne's evidence, (see page vi). Both these gentlemen swore that the money enclosed in the letter was composed of a $2 bill and postage stamps, while at the trial in April, a third clerk in Messrs. Oronyn & Greenless' office, (name I do not recollect,) STore that it was he who copied the letter and put the money in, which comprised two $1 bills and postage stamps. - Mr. Frederick Matthews' evidence is also worthy of particular attention, (see pageix,) who said that any one mvjht have tampered with or taken a letter from that box without being seen. The evidence taken before the Police Magistrate went to prove an expenditure by me between Gth October and 31st December of $188.55. The Hon. the Postmaster-General in his letter to Judge Gwynne (page 10) and dated 17tb May,* 1879, ^ives three reasons for having ar- rived at an unsatisfactory conclusion, unfavourable to my case, and as far as I know, has never giten any other. These reasons, which after all, are nothing moro than mere assertions of Mr. Griffin's, which I defy him to prove on oath, are : « 1st, " London had been remarkably exempt from any losses of the kind for a number of years, but they became numerous shortly after Mr. Jarvis joined the office there, and ceased altogether (italics are mine) after he left it." In answer to the above see Mr. Walker's affidavit, (page 7) and Mr. Cox's evidence (see page ix). 2nd, " He on several occasions made excuses for getting back into the office in the evening when he would be alone in it." In reply to this, see my affidavit (page 12). 8rd, " His cash expenditure in London was ascertained to be con- siderably more than liis income from the Post Office or any other known source." IV. In answer to this, I annex the certified copies of two checqnea given to me a day before I left for London, the proceeds of which I took with me, they amomited to $110.00, to this add balance due on October pay, $17.80, and November and December pay, $115.60, amounting in all to $248.40, against a proved expenditure of 1^186.56. This disposes of reasor No. 8. . [I may here add that the oriyinnls of these checques were in Court by permission of the Auditor-General, and ready to be produced as evi- dence at my trial, had the judge allowed any defence to be gone into.] I have reason to believe that when my petition to his Excellency the Governor-General was sent by His Excellency to the Secretary of State for consideration and report, and was transferred in due course by that Minister to the Postmaster-General, that the Post Office luspeotor Mr. Dewe, was called upon for a report, and that such report was made, and forwarded to the Postinaster-Geiieral, but as far as I can understand that report has never gone beyond the Post Office Department. One na^ turally asks why i In taking this course of laying before the public a full, accurate, and true account of the case, I do so in the hope that, having been denied a full official enquiry, I may have an opportunity of having the whole question fully discussed through the Press or otherwise. In conclusion, I may add that an evident ill felling existed among the clerks in the London Post Office at my appointment to fill tha vacancy occasioned by the retirement of Mr. Phipps. The following (one of several) artiolei which appeared in the local papers proves this. ■ ■ ♦ (Daily Free Press, London, JOth Oct. 1878.) *' A position in the London P. O., having become vacant by the re- tirement of Mr. Phipps, his place has been filled by an employ^ from Ottawa. Were there no London boys whom the Grit dispensers of pat- ronage might have recommended ?" To the above may be added the decoy letters. By reference to the date of 0. Murray Jarvis' letter to Sir Alexander Campbell (pages 11 and 18,) and to the date of Sir Alexander Camp- bell's letter to Judge Gwynne, (page 14,) it will be seen that the Post- master-General had arrived at an unfavourable conclusion before he re-, ceivedany explanation oj the three charyes upon which his opinion was based, Ottawa, 13th January, 1880. H. M, JARVIS. .y" '. L- rOopy.l ' "' Post Office Departmk\t. ■ .'','' $70.00. No. IG.GOl J. Ottawa, 3rcl Octouku, 1878. To the Manager of the Dank of Montreal. Pay Mr. H. M. Jarvis, or order, tho sum of Seventy Dollars, being in payment for Koraoval Allowance from Ottawa to London, Out. (Signed) (Signed) H. A. Wicksteed, Accountant, W. H. GRIFFIN, D. Postnmster-Qeneral, rCJopy.l Post Office Department. $40.00. No. lG,f)02 J. Ottawa, 3rd October, 1878. To the Manager oj the Bank oj' Montreal. Pay Mr. H. M, Jarvis, or order, the sum of Forty Dollars, being in payment for Accomit of Salary, month of October, 1878. (Signed) (Signed) H. A. Wicksteed, Accountant, W. H. GRIFFIN, D. Post master -General. Certified true copies, J. L. McDOUGALL, Auditor-General. Auditor-General's Offick, 24th October, 1879. Yi. \Friim the Londnn Ailrcrliacr, Ufth Januari/, 1S70.'\ THE POST OFFICE CASE Mr. 11. iM. Jiiivis was charjj;oil at iho Police (Joiirt ycstonVAy, upon the iuforniiitioii of Mr. (irittin, Inspector of Post OHices, for that 1' lid on L'Srd of December, 1H7H, feloniously open and abstract from a letter in the Post Ollice at London, the sum of $2.'.)t». Mr. E. MKUEorrn, appeared for the prosccutiou ; Mr. W. Pvock, (^.C, for defence. After the usual proliiuinaries, the prisoner pleaded not guilty, and the following evidence was taken : iTamks Mi;iu'!1y, sworn: Was clerk in the ullice of Messrs. Cronyii it Grcenloss ; on tlio Monday before Christmas I put the sum of ij^'i.W in an enveloi)o, addressed to the Registrar of the County of Elgin, a $2 bill, three scrips and lifteen cents in postage stamps ; there was i letter in the envelope ; I closed up the envelope and scaled it, and handed it to another clerk in our otiice; the letter produced is the same. Crosa-Ejcamined by Mr. lluck : I have been in the otHce of Cronyn k Greenless sbout two years, previously I had been in a Law Office m Ireland; I came here in October. 1870; I serve Cronyn & Grcenless as a cojjying clerk and book-keeper; I keep the petty cash, and am in the habit of mailing money; 1 remember the 2yrd December; I don't remember mailing money to any one else or paying any money on that day ; I could tell if I referred to my book ; I keep a cash box and a cash book; I took the money about five o'clock in the evenuig and put it in the letter; I know it was a $2 bill, but cannot tell what bank it was on; I did not put any wax or mucilage on the envelope, I merely put it to my lips and sealed it down ; after the letter went out of my hands I did not sec it until the next day, when it was brought over to our oiiice. Mr. John B. Osboune corroborated the last witness. He put the postage stamps on it, and afterwards took it to the Post Office ; next morning it was brought back to the office by Mr. Ward, registered letter clerk in the Post Otiice ; it had been opened ; it is customary to leave the registered letter book at the Post Office, and it is placed in the box the next morning ; I am positive that when I delivered the letter to Mr. Ward it was in i\\e same state I received it from Mr. Murphy. Civss-Exanniwd. — I mail nearly all the letters ; it depends upon who is going to the Post Office to take the registered letters ; I know it was a $2 bill that was put in, but I can't say what bank it was on ; I can't say whether I copied it or not ; it was copied by some one ; there were several other letters, but no other registered ones amongst them ; after I had copied the letters 1 immediately went to the Post Office ; I handed this letter to the registered letter clerk ; it was in the book. Mr. John AVaru : The registered letter clerk said he haj been in the Post Office for upwards of six years ; he was on duty at the registry vii. » wiclcot on tlio (lay in question, and in tho courao of his dutios ho received tlio letter produced, which ho entered in tho registered letter book, and threw into a tin box kept for that purpose ; on that evening the dofend- ant was on duty, and it was his duty to take tho letters from the box, and take them into tho inner oflico and enter them into another book, make oat tho letter billn, cancel tho stamps, and put tho date upon them ; the letter has been cancelled and stamped ; Mr. .Jarvis must have taken tho letter from that box ; no one else could liavo taken it that afternoon ; I received the letter shortly after six o'clock in tho evening; about 15 or 20 minutes after I had put the letter in the bor, I heard some one in the inner ofiico pass the remark that there was a letter in tho back office open, and without any money in it; Mr. Lawless, .Tun., and Mr. Mathews, Juu., were at work in the same department with me that evening ; neither of those gentlemen could have removed the letter from the box without my observing them. Cross-Examined. — Witness described the de))artraent in which the letters are received ; there is only one door leading into the back office ; here persons occasionally come into the office from the back office ; tliero is a door leading from the back office into tho street ; there is a forward- ing office, behind that is the back office ; there are +iliree rooms com- municating with my depa/tment ; I alone have to attend to the delivery of registered letters ; there are only four persons employed in the office in which I was ; there are altogether six other persons who occasionally have business in the front office ; their duties in the front office are 'n- fined to clearing the drops ; Mr. Mathews, Sen., Mr. Boss, and the de- fendant were employed in the back office on that evening ; so far as I remember there was no one else came into the delivery office on that after- noon except those who were on duty ; I can safely say there was no one else came in; I was engaged only a few minutes after th li letter was handed in to me in delivering letters ; I would not undertake to say whether the letter was opened or not when I received them Re-direct. I never see the backs of any letters, and couldn't say whether any cf the letters I received that evening were open or not. Mr. Richard Mathews, sworn : I am employed in the forwarding office of tho Post Office, and have been so employed for over twelve years : I was on duty on the evening of 23rd December, Mr. Ross, the defendant, and Mr. Himter, were with me in the office that evening, the defendant was engaged upon the registered letters that evening ; corroborate pre- vious witness as to defendant's duties. Mr. Ross would be opening mails from CoiTesponding Offices, and the defendant would also be receiving letters fi-om him ; when he received the letters he would take them to his table, sort them, and put them :u a cupboard in the different pigeon holes ; the table was placed agf.inst a window ; I was sitting about eight feet from where the defendant was sitting with my face tmued towards his back, looking towards his table ; whii3t the defendant was entering the letters I saw him take something off the table ; his hands were turn- ing about in the centre of his person, and then he moved his hand to his right hand iiants pocket ; he had what appeared to be a bank bill, or bills in his hand which he placed in his pocket ; almost immediately he called out to me. " Here's a registered letter opened," I said, " I think the Postmaster is in the office, take it to him immediately," thinking at the » VUl. time it wfts a lottcv from a ('orresponding Office ; he took it in and I could hear tho voices talking ; he then came back and said there was no money in it ; ho showed me tlie letter ; upon that I called to Mr. Ross and said did you soo a letter opened ? Defendant then said, " oh I I did not got it from Mr. Boss, I got it from the h it," meaning tlio box before men- tioned. Thinking tho matter Huspicious, I went over to Mr. Jarvis and Haid, "let rao look at that letter," he held it in his hand for mo to look at, and I Haid to him, " thiH letter was sealed and looks as if it wau opened." Prisoner made an interrogative "humph." Tho envelope now produced bears imdoubted marks of having been sealed and afterwards opened. I then wont into Mr. Ward and told him a letter Mr. Jarvis f^ot from him was open. C I OSS-Examined, — There has within the last month no one left the Oflico HO far as I am aware ; as near as I can recollect it was about ten or fifteen minutes after six o'clock, when I was sitting at ray table ; I was engaged stamping letters : I had about 200 letters before me ; they were ordinary letters, at that time I had to receive the registered letters from Mr. Jarvis, as he made up each mail ; Jarvis was sitting at his table before his book ; I don't know when he went into the front office to get the registered letters; I did not see what was in front of defendant; I did not see any letters before him ; I could not see what he did with his hands, neither could I see what he was doing, or whether ho had any letters before him ; I was at work all the time I was sitting ; I was not watch- ing Jarvis ; when he told me there was a registered letter open, I cannot Hay whether I was sitting or standing ; Mr. Ross was in the office at the time ; Jarvis was sitting down ; I cannot say whether he had put his hands in his pockets before I saw him put the bill in his pockets ; I did not see a pocket book in his hands ; I oannot say at all where what he put in his pocket came from ; I happened at that particular moment to look at him; he did not hesitate to go into the Postmaster's Office, or to let me see the letter ; Jarvis at once gave the letter to Ward when asked for it. The Court then adjourned till afternoon at 2:30. The Coiirt re-assembled at 2:30. The first witness examined was: Mr. L. Lawless, who said : I am the Postmaster of London ; early in November prisoner borrowed $20 from me ; he said he wanted it to send to his wife as she was ill ; at the end of that month he repaid it ; his salary was $58.70 a month, which should be drawn every month ; at the latter end of the month it was due, or the beginning of the next ; there was $40 deducted off his cheque at Ottawa, for money he owed that office, and $3 he sent to Mr.Wicksteed, of Ottawa, upon an I. 0. U. which he held from the prisoner ; he borrowed the $20 after he got the October checque ; I recollect the defendant bringing the letter produced into my office ; he said he found it open and asked me to examine it ; I examined it and found no money in it ; t presumed he hadn't examined it; I directed him to keep it till the morning in order that he might attend to it. Mr. J. Dawson, Assistant Postmaster, proved payment of defend* ant's salary at the rate of $60 a month,-^sUbjeot to a deduction $1.20 for Superannuation, &c. IX. - Mil. Rock l)ron<,'lit notice of the fact that Dctoctivo Plmir had taken nil tho dofondant's private lettorn, (tc, and was thoii sitting before tho defendant and examininf? into and reviewin},' all of them, whether from wife, sister or father, which must be very painful to the defendant ; ho had no objectior for His Worship or tho learned Counsel for tho prose- cution to examine them, but ho must object to tho Detective looking into them. Mr. Mkbrdith said lie intended to prove that he had been semling more money ;,o his wife than possibly could have boon paid out of his salary; hd must pivi) tho evidence some way or another, and he thought the Detective would I'll tlio proper person to givj it. This matter was arranged by all tho letters lioiiig handed over to Chief of Police Williams, and tho de- fendant's father who was present, and who wont through all, and retained such as wore of a private nature. Mr. Henry Dalton —testified to getting the sum of !^2.()(), from Mr. Dawson for defendant on account of salary : Lawless Jr., being engaged in tho same department with Mr. Ward, on tho evening in (piostion, no one but Jarvis could have taken tho regis- tered letters from ihe tin box without witness observing them. Cross- Examined. — I had nothing to do with the registered letters. Fkederick Mathews said : Ho was engaged in the delivery depart- ment on the evening in question from 4.3u, to 7 p. m., during the timo ho was there ho was not aware of any one besides Jarvis taking letters from the tin box. Any one might have tampered with or taken a letter from that box without bemg soon, but witness did not see any one take any letters. Mr. John Cox, — Assistant P. 0. Inspector handed in a statement of moneys lost and abstractCvl fi-om registered letters passing through the Loudon Post OHice during the times when Jarvis was on duty. Cross-Examimd. — I have been in the position I now occupy foi* about three years, there are in a general way, three or four letters lost every month ; I have never heard of registered letters having been posted with-- out being closed. I don't mean to say whether or not all the money stated to be lost in this account were lost in the London Post Office, these were all that passed through that office. A number of livery-men, gentlemen outfitters, tailors, hotel' keepers, and others were next called to prove what money had been ex- pended by the prisioner from October to December, they proved pay* ments to the amount of nearly $100. Further evidence was taken showing that defendant had expended $80 making in all about $180. Detective Phair was the next witness — and he testified to having received a warrant for the apprehension of defendant, which he executed on 81st Dec, and found $5, a knife^ and some papers on him; he also found in his pocket a letter from his wife acknowledging the receipt of defendant asked him what he was arrested for, and when he told p;wi^!(5jpwp \um he said he was innocent ; also searched his lodgings and took pos- session of his trunk and its contents, but had not examined his letters only his receipts. Cross-Examined.—In addition to the $5 he found a $4 and $1 bill, found no silver in his possession ; also found a tobacco pouch, but did not recollect finding a pipe ; his attention was first called to this matter on the 80th, but didn't know of information having been given to the police before it was given to him, so far as he knew ; they sent for him to the Post Office, and he told the Chief of Police ; this was on Monday, 80th, defendant was arrested on 81st; the foUowmg day he went to the house where he boarded, and searched everything he could find ; turned the bed over, but did not search the tea pot ; know Mrs. Howie, but do not remember telling her that a clerk had left the Post Office the Satur- day before. Mr. Meredith stated that information had been laid against defendant in two other cases, one for stealing $57.00 from a letter in London Post Office, on 24th December; the other of $80.00, on 25th December, but he could not be prepared to go on with them under eight days, as the witnesses lived at a distance. Prisoner having no volimtary statement to make, was then com- mitted to take his trial at Qxe next Court of Assize. Bail was refused, S-i ; Letter from Herbert M. Jarvid to Hon. Alex. Campbell. Ottawa, 6th May, 1879, SiB, — I have the honor to transmit herewith a statement of facts, to. gether with certain papers in connection with my arrest, imprisonment, trial and acquittal in London, Ontario, on the charges lately brought against me by the Post Office Authorities, and trust that you will give them your earnest consideration; also that you will be pleased to order a searching enquiry to be made with the view of discovering if possible the guilty party or parties, for I fee) that until such a discovery is made I shall never be entirely freed from the stain cast upon my character. I am aware that there are persons who in spite of the verdict of Judge and Jury are persistant in expressing their conviction of my guilt. I beg that the Judge who presided at my trial, and the Crown Prosecutor who conduct- ed the case for the Crown may be applied to for their private opinion. I have been four months without my pay, my wife and children without any other support than that offered by their friends, in addition to this, four days after I was acquitted I find an Order-in-Council removing me from my office, and thus depriving me of all means of support. I leave the r^atter now in your hands, believing as I do that full justice will be awarded. I have the honor to be, &c., &o., &o., H. M. JARVIS. The Hon. Alexatoer Campbell, Acting Postmaster General. Statement of Facts. In October, 1878, 1 was promoted from the Post Office Department in Ottawa, to the Outside Service, and was sent to London. On 28rd December following, a letter passed through my hands in the office, which was registered but was unsealed. I immediately reported the cir- cumstance to the Postmaster, Mr. Lawless, who, upon examination, found that there was no money enclosed in it; to my knowledge, no investigation was made into the matter until Slst of same month, when I was arrested upon the charge of having abstracted the supposed contents of said letter, viz. : — $2.95. I was handcuffed and placed in the felon's cell in Jail. On 6th January, my brother from Ottawa, (A. L. Jarvis,) called to see me. On the same day, he brought me a letter to sign, which he informed me was dictated by the Post Office Inspector, Mr. Griffin, the purport of which was a confession of my guilt, with the view of staying all further proceedings, aud giving me my liberty. (See paper marked C.) 2 This I refused positively to sign. On 18tli January, I was takon from the cells through the street handcuffed, and the first exanunation commenced. The evidence hh then taken I herewith enclose. During the months of January and February, I was repeatedly taken before the Pohce Magistrate on fresh charges, and on each occasion handcuft'ed. On 17th January, through my lather's interference, I was removed from the felon's cell to the debtor's prison. I was confined in Jail from 8 1st Dec, 1878, to 22nd April, 1879, when I was brought up for trial before Judge Gait. I was taken into Court handcuffed, when the Judge ordered the Sheriff to have the handcuffs removed. The evidence taken at my trial, I also herewith transmit. My health has suffered very much from the confinement, and in^ Bufhcient diet. H. M. JARVIS. O. Declaration of A- L. Jarvis, of Ottawa. The first intimation I had of my brother's (H. M. Jarvis) arrest in liOndon, was from a notice to that effect published in the Toronto "Globe" of Ist January, 1879. I left Ottawa by the 10 o'clock train on the night of the 2nd Jan- uary for London, but was so delayed by heavy snow storms, that I did not reach London till about 9 o'clock on the night of 4th January, it being too late then to take any steps in the matter. I waited till the fol- lowing morning (Sunday), .5th January ; at 10-30 a. m., I called upon Mr. Lawless, the Loudon Postmaster, whom I saw for a few moments, but nothing of importance transpired; he merely expressed regret at what had occurred, and referred me to Mr. Griffin, the Post Office Lispector, who lived but a short distance from Mr. Lawless' house. I at once called upon Mr. Griffin and found that gentleman engaged in writing, he received me very cordially and at once entered upon the subject of my brother's arrest ; the exact words used during this conversation I am unable to state, but, all through, his aim was evidently to im- press me with the idea that there was not the slightest douljt of my brother's guilt, and he went into a somewhat lengthy explanation of his reasons for so thinking, all which has been proved erroneous by the result of the trial on 23rd April last. I then asked Mr. Griffin whether I would be allowed to see my brother in the Jail (it being Sunday). Mr. Griffin said he did not think there would be any objection to my being allowed to do so, and directed me to the Jail. I then left, with the understanding that I was to see him (Mr. Grtiffin) again the following morning at his office ; I walked up to the Jail but was told that no visitors were admitted on Sundays. On learn- ing this, I wrote on the back of a visiting card that I would call the first thing on the following morning, this I sent in to my brother. On the following morning about 10 o'clock, I went up to the Jail and saw my brother, who in answer to my question as to how he managed to get himself into such a difficulty, said he knew nothing about it, was per- fectly innocent, and considered the matter a put up affair. I heard from him that he liad engaged Messrs. Warren, Kock & McBeth as his Counsel, and he directed me to their office, whom I went and saw Mr. Kock and talked the matter over with him ; I then went tO Mr. Griffin's office and saw him. He enquired whether I had seen my brother and the result of my interview. When I told him that he declared he was innocent, he said, that was absurd, ox words to that effect, and said he would shew me how it could be proved that it must he in the London Office that the money had been stolen, drawing a diagram of the country shewing the different Post Offices radiating from London, and stating that if the money had not been taken by a clerk in the London office, it would necessitate there being a thief in each of the other offices around the country, and shewn on his diagram as branch offices in the London district. I asked Mr. Griffin if there was any way of settling the matter at once, when he made me an offer to let my brother off altogether if he would confess that he was guilty, and by so doing remove all suspicion from his brother officers ; the confession was to be in writing, which, after he had read, he said he would tear up and burn before me. I sat down at a table in Mr. Griffin's office and wrote a short note addressed to the Postmaster-General, as if it were my brother who was writing, stating that I was guilty, but wished to remove all suspicion from my brother officers, and prayed that he would deal leniently with me. This letter was written at the swjrfeation of Mr. Oriffin, who read and approved of it, at the same time remarking that there was to be no humbugijing about the signature, meaning that the signature must be the genuine signature of my brotJier. This letter I took to my brother, whom I saw alone in a private room of the jailer's ; this privilege was granted me in consequence of Mr. Griffin having sent Detective Phair with me, and who spoke a few words to the jailer when I was shewn into a private room wliere I was almost im- mediately joined by my brother. I then made Mr. Griffin's proposition to him, and shewed him the letter I had written for him to sign, and asked him if he would sign it, his answer was that he would not sign any such paper, if he did it tcould be a lie ; he then talked about his wife and family, and said he must do something for their support. I said to him, by signing this note you can leave with me to-night, and get over the border where you will be able to do more in the way of earning some- thing than you can by bemg shut up here, but he positively refused to sign, and I tore it up, returned to Mr. Griffin's Office, and told him the result ; he remarked if he (my brother) was going to try that game, he would bring every charge ligainst him one after the other. I then asked Mr. Griffin whether in the event of my brother having signed the before mentioned document the Police Magistrate would have allowed him his liberty. Mr. Griffins answer was that " the Police Magistrate would do anything he wished him to dn." Mr. Griffin and I then took a hack and drove out to Mr. Becher's, but found that he was not at home. We started to drive back to town when we met Mr. Becher, and he drove back with us to his office. During this drive the proposition above referred to as having been made by Mr. Griffin was brought up, when Mr. Becher said he never heard of such a proposition, and that he could not permit Mr. Griffin to make such an offer, telling him (Griffin) that he would get himself into trouble by doing so, but if the Postmaster-General would sanction such a proceed- ing all well and good. Mr. Becher then advised my return to Ottawa at once for the purpose of seeking an interview with the Postmaster- /■ General, and to ascertain from him what could bo done in the matter. I left London that evening (Monday, Gth January), and arrived at Ottawa on Tuesday evening. On Wednesday, 8th January, I endeavoured to see Sir John Macdonald, Colonel Dennis having kindly asked him to give me an interview. Sir John regretted what had occurred, but said the matter was out of his department and therefore he could not interfere. I then went accompanied by Colonel Dennis to see Mr. Langevin, the Postmaster-General, b'H found that he was not in his office. We had an interview with Mr. W. H. Griffin, the Deputy Postmaster-General, who informed us that there was no doubt in his mind as to my brother's guilt, and that he thought it would be of very little use our seeing the Post- master-General, or words to tliat effect. A. L. JARVIS. [The foregoing, marked C, was attested to by A. L. Jarvis before A. Keefer, a Commissioner, in Q. B.J Copy of a Report of a Committee of the Honorable the Privy Council, approved by His Excellency the Gtovemor- General in C(5imcil, on the 26th April, 1870. On the recommendation of the Hon. Mr. Campbell, acting in the absence of the Postmaster-General, and under the provisions of the Civil Service Act of 1868, the Committee advise that Lawrence Lawless, Junior, be appointed a Clerk of the Fourth Class, Outside Service, vice Jarvis, removed. Certified, W. A. HIMSWORTH, C. P. C. Letter from G. Murray Jarvis to Sir Alexander Campbell, K.CM G. FiNANCB Department, 24th May, 1879. Sir, — On the 6th May, my son, Herbert M. Jarvis, addressed a letter to you as acting Postmaster- General, on the subject of his late arrest, trial, and acquittal at London. His letter was accompanied by other documents bearing upon his case. As no official recognition of these papers has been received, I beg to enclose herewith a note dated 9th May, from Judge Gwynne, marked A, together with other papers which I trust you will consider when making an investigation, as announced in enclosure A. After reading Judge Gwynne's letter, it appeared to me that you purposed calling upon Judge Gait, as he was the presiding Judge at my son's trial, for a report of the case ; consequently, after waiting a reasonable time, I wrote to the Judge, and asked for the pur- port of his report to you in case he had made one. I annex his answer dated 22nd May, marked B. After the receipt of Judge Gwynne's letter, I made enquiries into two matters which I thought, and still think, materially effect the case in question. 1st. — As regards the character of the person who, by Order-in- Council of 26th April, was appointed to fill the vacancy in the London Tost Office, occasioned by my son's removal (by same order), and wlio (in connection with another in the same office,) I have from the very commencement of this trouble had good reasons to suspect was at the bottom of what I have httle doubt will, sooner or later, be proved a conspkacy. 2nd. — As regards similar irregularities in the London Post Office after my son's arrest, and during his incarceration. The result of these enquiries will be found in enclosures, marked C, D. and E. In enclosure B., reference is made to L. Lawless having served in the North-West Mounted Police. I believe, if enquiry is made at the Depart- ment of the Interior, it will be found that during his period of service his reputation was of a doubtful character ; that he was of intemperate habits; disobedient to orders, for which he was fined; and, on one occa- sion, was even arrested as an accomphce in a case oflarceny, in addition that he was discharged from the force without any grant of land, (a circum- stance which is not customary in cases of good chaiacter,) there can be no doubt that my son's present position is a sad one. He has for four months, on suspicion only, been deprived not alone of his liberty and means of support, but to a certain extent of his reputation, the two latter of which can now only be regained by the acts of the Government, and I consider it no more than my duty, when en- deavoring to vindicate and re-establish my son's good name, that I should indignantly protest against what I consider a most flagrant act of injustice and unchristian feeling on behalf of three gentlemen, holding high positions in the Post Office Department at Ottawa, who I understand on reliable authority, continue to express to their friends their beUef in my son's guilt, and this in the face of his acquittal, and the expressed opinion of the Judge to the Jury, that " tliere was no evidence at all against the prisoner,'' while at the same time they could not possibly know anything about the matter, except from hearsay, and that from interested persons in London. Trusting that you will take this matter into your earnest and early consideration, I subscribe myself in behalf of his wife and children, Your obedient Servant, G. MUEEAY JAEVIS. Letter ft^m O. Murray Jarvls to Sir Alexander Campbell. Ottawa, 26th May, 1879. 1)eah Sib, — With reference to my son's case whiCii was brought Under your notice, and into which I undei'stand it is your intention to make an enquiry, I must bring under your notice his utter destitution j With a wife and two children dejpiending upon him. As he Was drrested on 81st December, was never suspended, and only removed from office by Order-in-Council on 26th April, I am advised that his salary for that time is legally due to him . If you can see it in this light it will be no 6 more than an act of humanity if you will order the aniouut to l)e paid to him, and thu8 enable him to live till such time as the decision of the Government is arrived at with regard to his future. Yom's truly, G. MURRAY JARVIS. Letter from Judgre Gwynne to G. Murray Jarvls. May 9th, 1879. I have seen Mr. Campbell twice and have also written to him, and he has promised to investigate the matter himself and to apply to the Judge for a report as you desu'e. I have also requested him in case he should in the course of his investigation form an unfavorable impression, to give you an opportunity to produce any additional evidence you may desire, to remove such impression. (Signed) G. Murray Jarvis, Esq. JOHN W. GWYNNE. Letter from Judge Gait to Q. Murray Jarvls. Toronto, 22nd May, 1879. I regret very much that until I ata applied to by the Government or by the Postmaster-General, I cannot make any report on your son's case, as a Judge never writes to the Government until he is directed to report on any case tried before him. I have much pleasure however in telling you that when I am requested to do so, I shall inform the Postmaster- General that there was no evidence against your son. I shall say that, admitting money had been abstracted, there was no reason why blame should be attributed to him more than to any other gentleman employed in the Post Office. Sincerely yours, (Signed) G. Murray Jarvis, Esq. THOMAS GALT. Letter from Rev. Canon Innes to O. Murray Jarvis. The Rectory, London, Ontario, May 15th, 1879. I am not personally acquainted with the family of Mr. Lawless, and 80 can only speak from report concerning the character of the young man you refer to. I understand that he bears a very bad name, and has as you say been ou several occasions before the Police Magistrate on Various charges, and spent some time in prison. I remembfif that he was one of the evidences against your son. Should your suspicions prove correct as to conspiracy, I most sincerely trust that you will be able to delve to the bottom of it and expose the true delinquent. I hear that young Lawless has for some time past reformed and is now gener- ally considered steady, he has but lately been appointed to the Post OflBce Department. Should I be able to gather any further information, will write you again. (Signed) GEO. M. INNES. G. MuKRAY Jarvis, Esq. Letter trota James Walker to Q. Murray Jarvis. London, Ontario, 15th May, 1879. Enclosed I send as desired my declaration respecting the loss of a money letter which I sent through the Post Office in January last. I don't know whether it can be of any material service to your son, but it will at least go to show that irregularities occurred at a time when by no possibility he could have been an accessory to them. I may add that I attended the court during your son's trial and paid particular attention to the evidence given in the case, and was greatly astonished tlaat any Grand Jury should on such testimony find a Bill against your son, as there was not a particle of evidence to show that the loss of the letters was attributable to him. There were some half-a-dozen or more clerks in the same Department, who had access to the registered letters, and if the evidence adduced by the Crown Officer should be allowed to weigh in the sUghtest degree against your son, it touched all the others in the same manner, therefore it does seem to me that your son has been harsh- ly and unjustly treated, and made the scapegoat to cover the sins of some one else, and I trust the Government wiU see that no further injury is done him by depriving him of his position in the Civil Service as threatened. (Signed) JAME S A. WALKER. G. Murray Jarvis, Esq. I Ontario, County of Middlesex, ,- TO WIT : j I, James Archibald Walker, of the City of London, in the County of ^liddlesex. Gentleman, do solemnly declare, that on the eighth day of January last past, I enclosed a sum of money in a letter which I addressed to my wife, residing in the City of London, and addressed tli^ letter to the London Post Office. That I posted the letter. That my wife never received the said money. That I called upon the Post Office Inspector, Mr. Griffin, to make enquiries about the missing money. That when I went into Mr. GriflSn's office another gentleman was conversing with him, apparently upon similar business, and when I made my complaint of the letter being lost, Mr . Griffin re-- marked: "Whatl another; this is really too bad; this is becoming almost an every'day occurrence;" or words to that effect. And I mako 3 this Bokmn declaration conscientiously believing the same to be true, and by virtue of an Act passed in the thirty-seventh year of Her Majesty's reign, intituled " An Act for tlie suppression of voluntary and extrajudicial oaths." (Signed) JAMES A. WALKER. Taken and declared before me, at tlie City of Loudon, in the County of Middlesex, this Uth day of May, 1879. (Signed) S. H. GRAYDON, A Coinitiissionei; dc, Ontario, \ County op Cahleton, [ TO WIT : j I, Francis Hunter, of the City of Ottawa, in the County of Carleton, Gentleman, do solemnly declare, that I am, and have been for many years weU acquainted with James Archibald Walker, of the City of London, in the County of Middlesex, whose signature is attached to the annexed declaration, and I believe him to be a thoroughly rehable man, and one whose word may be safely relied upon ; and I make this solemn d* claration conscientiously believing the same to be true, and by virtue of an Act passed in the thirty-seventh year of Her Majesty's reign, intituled : " An Act for the suppression of voluntary and extra judicial oaths.' (Signed) FRANCIS HUNTER. Taken and declared before me at the City of Ottawa, in the County of Carleton, this twenty-third day of May, 1879. (Signed) A, KEEFER, A Commissioner, cdc. [Ctopy.i Chief Constable's Office, London, Ontabio, May 21st, 1879. To A. P. Shbbwood, Esq., Chief Police, Ottawa. Deab Sib, — ^Am in receipt of yours of 17th, and find on enquiry that L. Lawless was about 12 years ago arrested and sent for trial on a charge of larceny, but was acquitted, the prosecutor not appearing. He was also several times prior to 1875 arrested for drunkenness, and was sent to jail on one or two occasions, but since that time he bears a good character. I beUeve he served in the N. W. Mtd. PoliJje from '74 or '75 to '77, when he was taken into the Post Office. He has the reputation of being fond of drink, but otherwise his reputation his good. Yours &c., &G., W.T.WILLIAMS. Letter from Q. Murray Jarvls to Judgre Gwynne. Ottawa, 26th May, 1879. Having waited as I considered a reasonable time after the receipt of your letter of 9th inst., I wrote to Judge Gait and asked him if he would let me know the purport of hi.^ reply to the Postmaster-General in case he had been called upon by him for a report in my son's case. I enclose a copy of Judge Gait's answer. I understand Mr. Campbell is in Toronto, but I cannot discover his address. May I ask you to read the accompanying two communications addressed to him, one an oflScial and the other rather of a private nature ; and if you do not object to your name and note being used as it is, you will obhge me very much if you will address them, so that there wiU be no doubt of his receiving them without being sent to Ottawa ; and if you can assist us in any way I can only say we shall be grateful. I think that at least, till an investi- gation is made, my son's pay from 1st January to 26th April, date of Order-in-Council removing him, should be paid. He and his family are perfectly destitute, and I am completely cleared out by all the expenses ineurred in his behalf. If you can influence Mr. Campbell to order this payment, or a portion of it for the present, it will be a great boon, please let me hear from you, also your opinion as to the evidence I enclose of Mr. Lawless' character. Yours, (fee, &c,, G. MURKAY JABVIS. Letter from Sir Alex. Campbell to Q. Murray Jarvia. Toronto, Ontario, 81st May, 1879. I beg to apologise to you for not having acknowledged the receipt of your letters, with their several enclosures, in regard to your son, and I am personally to blame for it, and not the officers of the Post Office Department, siuce both of your letters were placed on my table and opened by me. The truth was. Judge Gwynne came to see me about the same time that I received your letters, and, after looking into the case against your son, I wrote to him, and having done so I omitted to do so to you, thinking that as you had asked him to see me, he would tell you that he had had a reply from me, however, I ought to have written to you, and I am sorry that I did not ; I wish I could have found anything in the papers sent to me which would have relieved your son from the suspicion under which he is placed. I admit at once that the case as offered to the Judge presented no evidence against him, but the general facts which fastened suspicion upon him remain, and I do not see how it will be possible for me to re-employ him in the Depart- ment. I need not give you or myself the pain of recapitulating these facts ; I mentioned them in my letter to Judge Gwynne. I only notice that in the papers sent me, one of them seems rather controverted by the affidavit of Mr. Walker. I have directed upon this an enquiry^to be made, and will again take the enquiry up when I go to Ottawa, and I shall only be too glad to find that something may yet be found which may reUeve your son from the doubt which has been thrown upon his 10 integrity. In tlie moantime I think it ia but fair even if it be not his legal right, and I rather think it in, that his Bahiry should be paid up to the time, not of his arrest, but of his discharge from the service, and I have accordingly directed that this shall be done. I regret deeplv that I am not able to go beyond this, so far as I am at present informed. Yours, &o., &o„ (Signed) A. CAMPBELL. ' Xietter ft-om O. Murray Jarvls to Judge Owynne. Ottawa, 8rd June, 1879. I received the enclosed from Mr. Campbell yesterday, and we are much pleased with the tone. He evidently thought that you had made me acquainted with the contents of his letter to you. I feel satisfied that if I am told what the evidence is they profess to have that prevents the suspicion being removed, I can easily explain satisfactorily. I therefore beg, as Mr. Campbell lias promised to re-open the inveatiga- tion, that you will let mo see his letter to you, or tell me the purport of it. ■ Be good enoug}i to return me the enclosed. Yours Ac. Hon. Mr. Justiob Gwynhb, Ottawa. G. MURRAY JARVIS. Letter ftx-m Hon. Alezanlcr Campbell to Judge Gwynno. Ottawa, 17th May, 1879. I have examined the papers which you caused to be sent to me, connected with the accusation brought against Mr. H. M. Jarvis, for extracting money from letters ia the London Post Office. There is not, as you stated to me, any evidence inculp.iting Mr. Jarvis in Ihe thefts vhich took place in that office. There seems, how- ever, to be some salient circumstances established which, although not legal evidence, point to Mr. Jarvis as the guilty person. L London had been remarkably exempt from any losses of the kind for a number of years, but they became numerous shortly after Mr. Jarvis joined the office there, and ceased altogether after he left it. 2. He, on several occasions, made excuses for getting back into the office in the evening, when he would be alone in it. 11 B. Ilifl caBh flxponditnro in London was Adcortained to bo oonnidcr- ably more than his income from tlio Post Office or any other known source. Under all thi>»e circumntanceit, whilst aekiiowlfdging that no legal evidence rvas suhmitted to the Jury, and giving full weight to the opinion of Mr. Justice Gait and to the action taken by him in discharging Jarvis at once, I am nnahlo in my own mind to conclude that he is innocent, and could not take him back into the service. I am very sorry for liis family, and would most willingly have taken a more favorable view. I shall be obliged if you will take occasion to express to Mrs. Jarvis, his grandmother, and to Miss Jarvis, his aunt, my great sorrow that I am unable to arrive at a different conclusion than the one I have mentioned. (Signed) yours, Ac, Ac, A. CAMPBELL. Letter ftt>m Q. Murray Jarvla to Blr Alex. Campbell. FiNANOE Dept., Ottawa, 4th June, 1879. I have the honor to acknowledge the receipt of your letter of 81 st ulto., and to thank you very much for it. I. would have done so before had I not waited till this morning to hear from Judge Gwynne, who upon reading your letter to me, handed me yours of 17th May, and it was only on receipt of that letter that I was made aware of the grounds upon which your impression had been formed regarding my son's implication in these London Post Office troubles. You give three distinct reasons for having come to an unsatisfactory conclusion in the matter. 1. " That London had been remarkably exempt from any losses of the kind for a number of years, but they became numerous shortly after Mr. Jarvis joined the office, and ceased altogether after he left it." 2. "He on several occasions made excuses for getting back into the office in the evening when he would be alone." 3. " His cash expenditure in London was ascertained to be con- siderably more than his income Irora the Post Office or any other known source." Now, Sir, with your permission I will endeavour satisfactorily to remove from your mind this impression. No. 1 I think ib of very questionable correctness — vide — Mr. Walker's declaration in your possession ; supposing, however, the facts to be as stated, there are circumstances (which I wUl acquaint you with) which go far to convince me, as well as many others, that the plot against him was one cunningly laid, and I regret to say successfully carried out in one respect. Il 12 No. 2 I can only answer by handing you tho accompanying declara- tion, which I conHcicntioiiHly believe to bo trno in (iVory respect ; this, liowever, can bo proved by calling upon those who laid the charge to prove the same on oath. No. 8 can bo easily proved to bo orroneoun by reference to the offi- cial clioquo book iu tho Post OfKce Dopartment, and to tho cheques Nos. 10()01 and 10002, dated 8rd Oct., 187H, for $70 and $10 respectively, now in the Auditor-General's Office. A fall explanation of this last charge necossitatos a reference to matters of so private a nature that I j)refcr to givo thom in a private letter instead of an oflicial ono, as I intend this to bo, but which explanation may bo used officially if it is found necessary to do so. Eefotring again to No. 1. Prom tho moment my son reported him- self for duty in tho London Post Office, a fooling of jealousy was mani- fest among the clerks, and this was carried to such an extent that articles appeared in the local papers, censuring tho Government for appointing a man from Ottawa to fill a local vacancy when there were those in tho office who should have been solectod for the position. These articles I have soon and read, and no doubt they can be found by apply- ing to the newspaper fyles. Then, again, tho clerk who was the principal witness against my son, and who swore in Court that he would have been benefitted had ray son not been put into the office — aUo swore that he had been in the habit of sending decoy letters to try and trap him — hut in no case had he been siiccess/ul. Then came this trumped up .12.05 affair, which my son was the first to report, and for which ten days after he was arrested. A'raoment's consideration will, I think, convince any one that charge No. 2 is one which, if true, was one of the greatest importance, and yet it was never once alluded to or hinted at during all the several examina- tions which took place before the Police Magistrate or in Court. I can only add in conclusion, that no one was more disappointed than I was when Judge Gait refused to hear the evidence the Crown Counsel wished to bring in — for I had all my witnesses present, as well as the cheques alluded to, to prove his innocence in every instance ; and further, I will state that if I thought that he was in the slightest degi-ee implicated iu these irregularities, I would be the last man to hold out a helping hand to save him from the most severe punishment. I have the honor, &c., &c., G. MURRAY JARVIS. The Hon. Sir Alex. Campbell, K.C.M.G., Postmaster-General. Ontario, County of Carleton, TO WIT : J I, Herbert M. Jarvis, of the City of Ottawa, County of Carloton, Gentleman, do solemnly declare, that I have heard with surprise that the Honorable the Postmaster-General has been im- pressed by some one (to me unknown) with the idea, " that during my 18 {^oriod of Horvioo in tho London Post Ollioo, I on Hovoral oGcanionH made exousofl for getting back into tho ofViuo in the ovoning whon I would bo alone in it." This charge I most positively and solemnly deny. I fnrthor declare that I never ouco asked to go back to tho oftico for other purposoH than to perform my duties. That I never did go back on any Hmglo occasion that I can recollect except on the evenings I was detailed for night duty. That I never was to the best of my belief alone in tho Post Office. I further declare the charge to be a false and malicious one, and one which I challenge any individual living to prove to be true. ^ And I make this solemn declaration conscientiously believing tho same to be true, and by virtue of an Act passed in the thirty-seventh year of Her Majesty's reign, intituled " An Act for the suppression of voluntary and extra judicial oaths." H. M. JARVIS. Taken and declared before me at tne City of Ottawa, in tho County of Carletou, this fifth day of June, A.D. 1879. (Signed) A. KEEPER, A Commissioner, Letter trom Q. Murray Jarvia bo Sir Alexander Cami bell. Ottawa, 4th June, 1879. As a more complete explanation of the accompanying official letter, I will as briefly as possible state that my son, who left Ottawa on 5th Oct, for London, took with him about $120. He left his wife expecting her confinement immediately. He disposed of his household effects here, intending to replace them in London when his wife and children joined him. That he was advised not to use this money till such time as he was assured of his wife's safety and ability to join him in his new home. His wife was safely delivered on 11th November, and about the middle of December sent word to say she could go up. My son then left his lodgings in the Revere House and engaged rooms at a private boarding- house, (Mrs. Howie's,) which he was to furnish. His principal expen- diture then commenced. He did not think it necessary to inform the pubUc where he got his money from as long as he paid for what he bought. He had forwarded to me sufficient to buy railway tickets for his family, which I had done, and they were all to have started the very day we heard of his troubles. In addition to the money he took with him, he had his November and December pay, which amounted to about $120 more. I was present at the primary examination, and the amount of money they proved by shop boys and otiiers that he had spent, did not amount to anything near the sum he is known to have had. That he did on 14 several oceacuons spend his money injudiciously, I do not deny, — but no one has a right to dictate to a man as to how he shall spend his money, as long as it is legally his own. Yours very truly, G. MURKAY JARVIS. Letter ftx>m Judere Ow3mne to G. Murray JarvlB. June 9th, 1879. I received the papers herewith from Sir Alex. Campbell. I have since seen him, and he wishes me to let you see them. You will see by them that it is out of my power to ask Sir Alexander to do more than he has done ; and that with every disposition, as far as I can judge, to arrive at a contrary conclusion from that at which it appears he has conclusively arrived at. Believe me to be, &c., &c.. (Signed) J. W. GWYNNU. Letter ftvrn Sir Alex. Campbell tb Judere dwyiuia TobonTO, Ontario, 8rd June, 1879. After receiving the enclosures in the Jarvis matter which you last Bent me, I caused further enquiry to be made in order to guard myself against the possible damage of having come to an unjust decision, which I should much deplore in the matter. The result of this further action on my part is, that I have now before me letters from the Police Magis- trate, London, Mr. Lawrason ; from the County Attorney, Mr. Hutchin- son ; and from Mr. Meredith, Q.C., who was the Counsel retained for the prosecution of Jarvis ; and a further statement from the Inspector and from tJbe Deputy Postmaster-General. The legal oflBcials whose names I have above mentioned, all write that they were quite satisfied in their own minds as to the culpability of Jarvis, although the evidence was so insufficient as to have induced Mr. Justice Gait to refuse to allow it to go to the JiuT. On the other hand, the two Post Office officials point out there were eighteen cases reported of letters robbed during the month of December last, and that the amount stolen was $284.45, and that the whole of these letters passed through the hands of Jarvis, and through the hands of no other one person ; and also, that the undoubted fact of Jarvis' expenditure having noticeably overran his income was not in any way explained by him. Had he been innocent he would, one would have supposed, have fully explained how this was to be accounted for. As regards Lawless, against whom Jarvis would now fain direct suspicion, there is not the slightest ^ound upon which to rest suspicion, save the statements which you furnished me of his previous bad char- " ■■ 15 -^ , ■ ' deter. These statements, you \vill doubtless have observed, all conclude by stating that he had reformed, and stood well as regards character ; but at all events, there is nothing whatever to connect him with the lor.s of these letters ; whereas, Jarvis had the opportunity when he was alone of taking the letters. The losses began to occur immediately after he joined the Department there, and ceased when he left it ; and there is no explanation of his extravagance compared to his income. I wrote to his father at ^ome length a day or two ago, and have directed his salary to be paid up to the time of his dismissal, but it is impossible for me to t»ke him back to the 'Department, or even in my own mind, to exonerate him from the charges preferred against him ; at the same time I have been exceedingly anxious to discover that I was wrong, and would most willingly have taken a different view of it had it been possible. 1 wish you would take occasion to let Mrs. Jarvis and Miss Jarvis know that I have, at all events, taken every pains to arrive at a just conclusion in the matter, and it is only with much regret that I am con- strained to believe that the young man is guilty. Faithfully yours, (Signed) A. CAMPBELL. Hon. J. W. GwTNNE, Supreme Court, Ottawa. Letter from O Murray Jarvis to Judgre Owsmne. Finance Dept., 9th Junk, l879i I have your note of this date with Sir Alexander Campbell's of 3rd June, a day earlier than the date of my reply to his letter of 31st May^ which you saiv. In making further enquiries as he promised he has re- ferred only to the same persons, who could not possibly do otherwise than give the opinion they have done, as they were all more or less con- cerned in the prosecution, and he appears as you say to have come to a conclusion without waiting for my reply to the grounds upon which his impressions were formed, and only made known to me by reading his note to you of 17th May. I therefore send you herewith'copies of my letters to the Postmaster- General dated ^rA Jtme, and which were addressed to him at Moss Park Toronto. I am inclined to think that he cannot have received them, certainly he had not when he wrote his last letter to you, I will here Bay that the reason we did not make known at the first examination, (when my son's large expenditure of money was being proved) how he came to have so much in his possession was because his Counsel thought it unadvisable to do so then, though I wished it, his opinion was that it would be better at the trial when he would unexpectedly produce the evidence, which was suppUed by the Auditor-General, I think you will find the enclosed letters satisfactorily to answer the paragraph in Sir Alex. Campbell's letter which I have marked in the margin. 4 I 16 I should like to have this letter again to send to Toronto if you have no objection. Can you ascertain whether my letters have ever reached him. Yours (kc, &c., G. MCTRRAY JAR VIS. Letter trom Q. Murray Jarvls, to Sir Alex. Campbell. Ottawa, <Tune 11th, 1879. On the 4th June, I addressed you at Moss Park, Toronto ; since then Judge Gwynne has handed me your letter to him, dated 3rd June. The only excuse for writing to you now, is to ask whether my letter ever reached you. I hope you will forgive my perseverance, which is nothing more than a natural interest in the matter. Yours very truly, G. MURRAY JARVIS, Hon. Sir Alex. Campbell, K. C. M. G., Postmaster- General. i ! Letter from Sir Alex, Campbell, to G. Murmy Jarvls* Ottawa, 12th June, 1879. I duly received your letter of the 4th June, but my last letter to Judge Gwyime, which he told me he would send to you, contains the an- swer to it, and as I knew you were to have the perusal of that letter I was anxious to save myself the labour of writmg another, and so neglect- ed to answer yours of the 4th, for which I beg to apologise. I am sorry to think that nothing more can be done for your son. Faithfully yours, A. CAMPBELL, Letter from Judge Gait to G. Murray Jarvls. Toronto, 26th June, 1879. It would afford me sincere pleasure if I could be of any service to your son, but beyond stating that, in my opinion, there was no evidence whatever against him on the trial which took place before me at London, I do not see what I can do to advance his interests. You are at perfect 17 liberty to use the statement which I now make in any way you think may be of advantage to him. If I see Sii- Alex. Campbell I will speak to him about your son, but I cannot write to him as I have no right to make any formal application to the Government in behalf of any person, ftnd have never done so. Yom's, &c., «fec., (Signed) THOMAS GALT. Mr. Justice Henry to [Copy.] Ottawa, 23rd June, 1879. My Dear Sir, — I would take it as a favour if you could give Mr, Jarvis something to do in the way of writing. I am satisfied +.hat he was innocent of the charge lately made against him, and is therefore, in my view, an injured man. Yours very truly, W. A. HENRY. [Copy.] Toronto, 22nd May, 1879. My Dear Jarvis, — I rogret very much that till I am apphed to by the Government, or by the Postmaster-General, I cannot make any re- port on your son's case, as a Judge never writes to the Government until he is directed to report on any case tried before him. I have much pleasure, however, in telling you that, when I am requested to do so, I will inform the Postmaster-General that there was no evidence against your son. I shall say that, admitting money had been abstracted, there was no reason why blame should be attributed to him more than to any other gentleman employed in the Post Office. Sincerely yours, • THOMAS GALT. G. Murray Jarvis, Esq, 'Copy.) Toronto 2Gth June, 1879. My Dkar Jarvis,— It would afford uie sincere pleasure if I could be of any service to your son, but beyond stating that, ir my own opinion, there was no evidence whatever against him on the ♦' lal which took place be- fore me at London, 1 do not see what I car .lO to adytmce bis interests, 18 You are at perfect liberty to use the statements I now make in any way you think may be of advantage to him. If I see Sir Alexander Camp- bell I will speak to him about your son, but I cannot write to him as I have no right to make any formal apphoation to the Government in be- half of any person, and have never done so, G, MuRBAY Jarvis, Esq. Sincerely yours, T50MAS GALT, h ! Ottawa, 10th September, 1879. SiB,— Permit me to lay before you the copies of two letters addressed to me by Judge Gait. They have reference, as you will perceive, to my son, Herbert M. Jarvis, who was arrested at the instigation of Mr, Griffin, in London, on 31st December, 1878, tipon charges for which, after nearly four months' imprisonment, he was tried before a Jury and honourably acquitted. Four days after his acquittal, an Order-in-Counoil was passed dis- missing him from the Service in which he had been for several years. He is a married man with a young family, sent adrift upon the world, with, as the matter now stands, a ruined reputation, and without any means of support. A somewhat lengthy correspondence has taken place with the Post- master-General and others on this subject, but the Postmaster-General, who is willing and anxious, as he says, to look favorably on the case, if he is able to see his way clearly to do so, admits that his judgment is formed upon the opinion of the Deputy Postmaster-General and other officials in the Post Office, persons who were the original instigators of this trouble, and to whom alone he has referred for a report. It certainly appears very unjust that after a fair trial and acquittal, and the written opinion of the Judge who tried the case, as well as the expressed and written opinions of two Judges of the Supreme Court, (Judges Gwynne and Henry,) both of whom are fully acquainted "with all the particulars, that my son should be deprived of his character and means of support to gratify the prejudice of Mr. Griffin and the others who are influencing Sir Alexander Campbell. I address you now as a member of the Privy Council, in hope that the Government may be induced to give my son's case consideration, and call upon the Post Office Department to produce all the correspondence on this subject, including particularly Mr. Griffin's offer of freedom to my son on certain conditions, made immediately after his arrest. All I ask or expect is justice, and this I cannot obtain till such a course as I now ask is taken, and the Government are made fully acquainted with aU the facts. 19 I can, at any moment, furnish the correspondence alluded to, it called upon to do so. I have the honor to he, Sir, Your most obedient Servant, „ , G. MUBBAY JABVIS. Hon. Minister of Q. Murray Jarvls to Sir Alexander Campbell. Ottawa, 12th Sept., 1879. Sib,- Will you allow me one more chance of removing from your mind the idea that my son is guilty of the charges brought against him by Mr. Griffin in December last. I ask this favor in consequence of your last letter to Judge Gwynne on the subject, and which conveyed to me through him your final decision, having been written in Toronto a day previous to the date of my letter tvhicfi contained the refutation of the three distinct clmrges set forth in your former letter, and upon which you had formed an unfavourable opinion. I enclose a copy of a circular letter which I have addressed to each of the members of the Privy Council in hopes that the Government may be induced to look more fully into the matter which is of too serious a nature to be allowed to lay dormant until every possible means is resorted to, to have the truth arrived at. The circular letter is sent without the shghtest intention of giving offence to any one, and I trust you will consider it in this Ught. G. MURBAY JABVIS. sir Alexan4er Campbell to a. Murray Jarvls. Ottawa, Sept. 17tb, 1879. Deab Sib, —I beg to acknowloilga the receipt this morning of yours of the 12th, with the copy of the circular which you tell me you have addressed to each member of the Privy Council on the subject of your son's case. I regret to find the statement inaccurate, in fact — my judgment was not formed, as you state, «' upon the opinion of the Deputy Post- " mastor-Gouoral and other officials in the Post Office, persons who were " the original instigators of the trouble, and to whom alone I have referred " for report." I had taken special pains on the contrary to procure the opinions not only of these officials but of every one who had any op- portunity of knowing anything of the circumstances. Nor is the state- ment correct in fact, in setting forth that Judges Gwynne and Henry 20 were acquainted with all the particulars upon which T based my decision, that it was inexpedient to rcatore your sou to his position in the Post Office Department. Yours truly, A. CAMriiELL, Postmastei'- General, G. Murray Jarvis, Esq., Ottawa. O. Murray Jarvis to Sir Alexander Campbell. Ottawa, 18th Sept., 1870. Dkar Sir, — I have to acknowledge the receipt of yoiu- letter of ] 7th, and regret that you should consider the statement I have made in ray circular letter to the members of the Privy Council inaccurate in fact. When writing that letter I had yours of the 8rd June, to Judge Gwynne, before me. In that letter you say :— " I have now before me letters from the Police Magistrate, London, •' Mr. Lawranson ; from the County Attorney, Mr. Hutchinson, and from " Mr. Meredith, Q.C., who was the Counsel retained for the prosecution *' of Jarvis, and a further statement from the Inspector, and from theDeputy " Postmaster-General. The legalofficials, whose names I have above men- " tioned, all write that they are quite satisfied in their own minds as to '• the culpability of Jarvis, although the evidence ivas so insufficient as to " have inikioed Mr. Justice Gait to refuse to allow it to ijo to the Jury.'' It was upon this that liad been formed. I (and I think justly,) concluded your opinion Upon reference to my circular letter, you will find that I did not state that Judges Gwynne and Henry were acquainted with all the parti- culars upon which you had based your decision, that it was inexpedient, to restore my son to his position in the Post Office Department. What I did say, was : " That Judges Gwynne and Henry were both fully acquainted with all the particulars," — meaning, of course, the particulars of the case, — and having no reference whatever to the particulars upon which you had based your decision. Neither my son rior myself have ever desired that he should be restored to the Post Oflice Department, when such a manifest ill feeling exists against him, and which ill feeling is openly and continually shown by Mr. Griffui, Mr. White, Mr. Wicksteed, and Mr. Ashworth, express- ing their opinion that my son was guilty in spite of Judge or Jury. Many of these expressions have been repeated to me by persons of undoubted integrity, and who will substantiate what I now write at any time. 21 Wliat I do wish is that my son shoukl bo ro-cmployflil in tho Civil Service, and not sent an outcast upon the world with an indelible stain upon Ins character. Yours, G. 1 BRAY JARVIS. Hon. Sin Alexander Campbell, K.C.M.G. [Copy. Ottawa, 18th September, 1879. Dear Sir, — I am desired by Sir Leonard Tilley to say in reply to your letter of the 10th instant, that he will speak to the Postmaster- General about your son's case. Yours faithfully, FRED. TOLLER, Private Secretary, G. Murray Jarvis, Esq., Ottawa. [Copy.] Office of the Minister of Railways and Canals, Canada, Ottawa, Sept. 18th, 1879. Dear Sir, — Sir Charles Tupper has instructed me to acknowledge the receipt of your letter dated 10th instant, and to say to you that your son's case will receive his best attention. Yom's truly, A. P. BRADLEY, Private Secretanji G. Murray Jarvis, Esq., Ottawa. [Copy. G. Murray Jarvis, Esq., Ottawa. Ottawa, Sept. 18th, 1879. Sir, — I am in receipt of your communication of the 10th September with copy of two letters addressed to you by Judge Gait, in reference to your son's case, and I may say, that should the matter appear beforeme I will endeavour to give same fair and just consideration. Yours truly, G. BABY. 22 (Copy.: Ottawa, Skpt. 24tli, 1879. Sir, — Your letter of 10th Sept., togetlier with copies of two letters from Judge Gait to you, have reached me. I transfer them to Sir Alexander Campbell, requesting him to give this matter his best con- sideration. I remain sir. G. MuBRAY Jarais, Esq., Ottawa. Your most humble Servant, HECTOR J. LANGEVIN. [Copy.] Ottawa, Gth October, 1879. G. Murray Jabvis, Esq., Ottawa. Sir, — I have to acknowledge the receipt of your letter of the lOth ultt, with reference to your son, Herbert M. Jarvis' case. This is a matter altogether for the consideration of the Postmaster- General, and he alone must determine whether it is in the interest of the Public Service that your son should be restored to his position. I remain, Sir, Your obedient Servant, JOHN A. MACDONALD. [Copy.] October 14th, 1879. t handed all the papers in this matter to the Minister the day after be returned. Z. A. LASH. 21st October, 1879. Sir, — ^With reference to my circular letter addressed to you on 10th September last, on the subject of my son, Mr. H. M. Jarvis, and in which, perhaps, I have not in a sufficiently definite manner set forth what I want, I beg to state, knowing the difficulty that exists in one Minister interfering with the internal concerns of the Department of one of his colleagues, and before asking such a step to be taken, that I have used every means in my power to induce the Hon. the Postmaster- 88 General to call upon Judge Gait for an ofticial report of this case, without iuccats, and I therefore consider the matter no longer a Departmental one, hut one in which the puhlic at large, and particularly the Civil Service, are interested, as justice is here set aside and entirely ignored, to make way for individual opinion. I have only two objects in view. One is that the Department of Justice shall call upon Mr. Justice Gait for an ofticial report, and that an open investigation may be had. The English law is that a man is innocent till proved guilty. If the Post Office Authorities have any evidence to produce other than that produced at the trial, it is only common justice that it should be made known, and an opportunity thus aff'orded my son to prove to the satis- faction qf the world his innocence. When such an opportunity is given there will be very little difliculty in proving erroneous the reasons given by the Postmaster-General for adhering to his present unfavourable opinion. I have the honor to be, Sir, Your obedient Servant, G. MUBRAY JARVIS. The Hon. James Macdonald, Minister of Justice. [Copy.] St. John's Church,' Nov. 8rd, 1879. t have read all the correspondence relating to the case of Herbert Jarvis, and am firmly convinced of his innocence of the charges laid against him. There may be of course other matters which have not been made public, even to his own family. But it does seem to me that when he asks for a further investiga- tion, and is willing that the matter should be sifted to the uttermd'st, the least tliat can be done is that his request be granted. If he is not afraid to face the investigation, why should it be denied him? At present he rests under a cloud of suspicion, although the Judge and Jury acquitted him — and it is a very serious matter that he is not allowed the means of vindicating his character, or on the other hand that the authorities will not prove that they have grounds for their refusal. Common Justice I think requires that the prayer of the petition should be granted. (Signed) H. POLLARD, Hector of St. John's Church, Ottawa, toopy.] Depabtmrnt op the Secretary of Statk, No. 611. Ottawa, 11th Nov., 1879. Sir, — I have the honor to acknowledge the receipt of your petition of 81st ulto., addressed to His Excellency the Governor- General, pray^ 24 ing that an invcatigation may bo mafle into the circuraHtaiiccs coiniocteil with your dismissal from the Post OtHce J)eiiartment. I have the honor, A'c, G. POWELL, For I 'nder-Scc. of Slate. Mr. H. M. Jarvir, Ottawa. ToaoNT(v 18th November, 1879. My Dear Jakvis, — I received your letter of the 10th instant with the copy of your son's petition (which I return) this morning. As I wrote you before, it is not in my power to do anything. I cannot address the Government unless I am officially required to do so ; and all I can say I have said already, viz : that in my opinion, there was no evidence against your son which would have justified a verdict against him. Bincerely yours, THOMAS GALT. O. Murray Jarvis, Ottawa. To His Exoellemcy The Right Hoj^oorable Sir John Sutherland Campbell, P.O., K.T., K.G., C.M.G., Marquis ofLornb, Governor- General of Canada, Ike, ic, &c, IN COUNCIL ASSEMBLED. The Petition of Herbert Murray Jarvis, of the City of Ottavw,— Oentteman, Respectfully Sheweth, 1. That your Petitioner, on the 28th day of March, A.D. 1872, was appointed an extra clerk in the Post Office Department, at a salary of $1.50 per diem, and, on the 1st day of July, A.D. 1873, was made a permanent clerk in the said Department, at a salary of $450 per annum, and continued to serve in tlie said Department imtil the month of October, A.D. 1878, when he was promoted and transferred to the outside service of the said Department at London, Ontario, at a salary of $700 per annum. 2. That your Petitioner, on the 31st day of December, A.D. 1878, Upon an information laid by Gilbert Griffin, Post Office Inspector of the London district, was arrested and committed to prison on the charge of abstracting the sum of $2.95 from a letter which passed through the bands of your Petitioner. 8t That your Petitioner, on the charge aforesaid, was confined in the Common Gaolj at the City of London, aforesaid, from the 81st day 26 R- |as of 11 111. of Daocmbor tiforosaid, to tlio 22nJ day of April, A.D. 1879. On tho last (lay aforesaid, yoiu- rotitionor was tried on tho charge aforoHaid, and was acquittod by tho direction of tho Ifonoiirablo Mr. Justice Gait, the l)rocodiu,i( .Judge of Assize, w!i) stated that there was no eoidence whahvar to I/O to the Jurij. 4. That your Petitioner, previous to ^'is release from imprisonment aforesaid, was charged with tho commission of sovural other offences of a similar nature, and was subjected to an examination thereon, and the only evidence adduced at such exarauiation was tho fact that your Peti- tioner was in the Post Office when the money alleged to have been missmg was abstracted or lost. 5. That on the 2r)th day of April aforesaid, an Order-in-Council was passed, removing your Petitioner from the Civil Service. G. That your Petitioner is a married man, with a wife and two children dependent upon him. 7. That your Petitioner, conscious of his innocence, and fortified by tho very strong condemmitiou of the prosecution expressed by the presiding Judge of Assize, having a full reliance on the honour and justice of the Crown in reinstating him in his appointment as soon aa the facts were fully known ; and, being undesirous of carrying on any further litigation in the Courts for ilio vindication of his character, respectfully requested the Honourable the Postmaster-General to direct an open investigation, by the proper Post Office authorities, into the charges that had been brought agamst him. This request, however, the Post- master-General refused to accede to, 8. That yoiu' Petitioner when he received the final decision of the PostmaKter-(iencral refusing nn open enquiiy was unable by the reason of lapse of time to bring an action against the said Gilbert Griffin for false imprisoimieut in order to re-establish his character in a Court of Justice. 9. That your I'etitioner, if an opportunity is afforded him, is prepared to shew that several of the reasons given by the Post Office Authorities for his arrest were wholly groundless and had no foundation in fact, and your Petitioner is further prepared to shew that he is wholly innocent of all the offences with which he has been charged. 10. That the prosecution having wholly failed to make out any case whatever against your Petitioner or to offer sufficient evidence to go to the Jury, the Jury under the direction of the Judge rendered a verdict in favor of your Petitioner, whereby your Petitioner was unable to offer any testimony in his own behalf to shew how he became possessed of moneys which the lu'osecution assumed he could not account for, or to explain away certain appearances which were alleged to be indicative of his guilt. 11. That your Petitioner now seeks a full investigation of all the proceedings taken against him from the time of his arrest until his re- moval from the Civil Service, as the only means now open to him to prove his innocence and vindicate his character. 26 12. That the proHcnt position of your Potitionor is a painful and SoriouH ono, aad (loHorviu^ of tiiu fuvourabio conuidoratiou of your Ex- oollency iu Council. In tho onjoymont of what ho had reuHon to HuppoHo was a permunout appoiutinont in tho Civil Service of Canada, at a Halary of $700 per annum, repruHcntin^^ tho sum of !J)1I,GG7 capitalized at 6/,, with the ohancoB of promotion undor tho ruloH of tho Service, and having contributed annually tho sum 2% intoroHt of his salary as a provision for hiH retiroraont, your Petitioner suddenly found himself arrested and imprisoned upon a charge whioh proved to bo so false and groundlesu that it was not even sutKoiont to mako out a prima faine case against him. While in prison and treated as a felon, the Post Othce Authorities at London made further charges against him, which were oven more utterly untenable than those on wliich ho was put upon his trial. In addition thereto, while actually under cominttment on tho charges for which ho was afterwards arraigned, tho Post Office Inspector at London importuned him to con/esa his crime, and held out as an mducoment when ho did so, that he would be permitted to put in worthless bail and bo allowed to escape, and when your Petitioner, innocent of any crime, in- diEnintly refused to confess, a system of persecution was commenced, and several other false charges were brought against him, not one of which was proved, in the hope of frightening him to make a false con- fession, in order, as your Petitioner believes, to screen the person who was actually guilty of tho crime. 13. After being honom-ably acquitted at the trial under the dii'ection of the presiding Judge, your Petitioner was instantly dismissed from the Service without being allowed any opportunity of explanation, or without being called upon to vindicate his character or establish his innocence ; his means of support for himself and family taken away ; his chances of promotion gone ; with his character blasted, his reputation ruined, the stigma of crime indelibly stamped upon him, and with no hope of obtain- ing employment elsewhere till he had established his innocence. 14. As an example of the animus of the parties engaged in the attempt to destroy the reputation of your Petitioner, it may be mentioned that, a clerk in the Loudon Post Office, who was one of the principal witnesses on the part of the prosecution, swore on the trial tliat he had been in the habit of setting traps, by decoy letters, to try and trap your Petitioner, but further stated that in no single instance had he been successful, and that this espionage was carried on at the instigation of tlie Post Office Inspector or his Deputy. Under these circumstar 's your Petitioner submits, that his case is one of very great hardship, ,^d that Your Excellency, as a simple act of justice, will order an enquiry thereinto. Your Petitioner, therefore, respectfully prays that he be granted an investigation into all the circumstances connected with the case, and that the Honourable Mr. Justice Gait be called upon for an Official Report thereof, as it appeared when ho was the presiding Judge of Assize, and thus your Petitioner be permitted to produce evidence iu vt "iJrtTn:/ iL'VaT:^ s::z'rT'- ^°^ ">« '''^-«- -«^« lUleged to bo iudicativo of hlH guHt ^^ "^ appearanceH wluoh were And your Petitions, as iu dniy bound, will over pray. H. M. JARVI8, Ottawa, 81 Ht October, 1870. (Copy. I H M Jarvte to M^Jor de Wlnton. 7th January, 1880. I have the honor, Ac, Major F, De Winton, R. A., Governor-General's Secretary, H. M. JARVia GOVBRNMENT HoUSE, OtTAWA, 7th January, 1880. I liave the honour to be, Su-, Your most obedient humble Servant, F. De WINTON, Mr. H. M. JARVI8, Ottawa, ''^*'^'"' ^' '^" ^''«'-^^'> 5rt:re<«*jfc tK 28 [On 10th November tho foregoing Petition was sent by command of Hia Excellency the Governor-General, to the Secretary of State for con- sideration, and report as endorsed upon the margin by Major DoWinton, Governor-General's Secretary, and was in turn transferred by the Secretary of State to the Post Office Department. iMemo.j On 2nd December, 1879, Major DeWinton, by command of His Ex- cellency the Governor-General, wrote to the Secretary of State, calling his attention to his former communication, dated 10th November, which still remained unanswered, and this communication was in due course sent to Postmaster-General, to which the following reply was sent. [Copy.) Post Office Department, Ottawa, 5th December, 1879. Sir, — I have the honor to acknowledge the receipt of your letter of 4th inst, requesting an early reply to your communication of 11th ultimo, respecting the case of Mr. H. M. Jarvis, and"! am to say that after full and attentive consideration of the papers relating to tho arrest and trial of Mr. Jarvis, and communicating with the various legal officials en- gaged in tho prosecution, as well as witli the Inspector of the division and tha London Postmastor, the Po itmastor-Goueral arrived at the conclusion that altliough Mr. Jarvis had been acquitted, t ][ie verdic t coul d only bo c onsidered by him one^of " n ot pr oven" and that the facts established so strong a~pf6sumplio;i of guilt against Mr. Jarvis, as to render his continuance in the Post Office Department inexpedient, the superior officers of the Post Office Department at London, as well as those of his own rank all believing him to have purloined money letters/' No it""iitional investigation has been ordered by the Postmaster- General, ui^d Mr. Jarvis has long since been informed that the Post- master-General did not see that he could take any further action in the matter. I have, ttc, (Signed) WM. WHITE, Secretarij, The HoNonRABLE The Se::retary o;- State. Copy. Ottawa, 12th January, lb80. Sir, — I am dii-ected to acknowledge the receipt of your letter of the 9th inst,, and its enclosure, requesting that the decision of His Excel- lency the Governor-General upon your petition of the 30th October last may be communicated to you. r 29 General therein conveyed ^^ ^''''''''' °^ *^« Postmaster- I have the honor, &c., H. M. Jarvis, Esq., Ottawa. EDWAED J. LANGEVIN, f^'nder Secretary of State.