fs '^f^^^^^ IMAGE EVALUATION TEST TARGET (MT-3) 1.0 ^^ "^ ittliii ■ 2.2 lis ut lit 1^ i:£ 12.0 II " |l.25|,.4,,.6 < 6" ► Hiotographic Sciences Corporation '^ \ <^ 2' WEST MAIN STRUT WEBSTER, N.Y. !49M '^ i CIHM/ICMH Microfiche Series. CIHM/ICIVIH Collection de microfiches. Canadian Institute for Historicai Microreproductions / Institut Canadian de microreproductions historiques Tachnical and Bibliographic Notas/Notas taehniquas at bibliographiquas Tha Inatituta haa attamptad to obtain tha baat originai copy availabia for filming. Faaturaa of thia copy which may ba bibliographically uniqua, which may altar any of tha imagaa in tha raproduction, or which may significantly changa tha usual mathod of filming, ara chackad balow. D D D D Colourad covars/ CoMvartura da coulaur I I Covars damagaJ/ Couvartura andommagia Covar« rastorad and/or iaminatad/ Couvartura rastauria at/ou pailiculAa r^ Covar titia missing/ La titra da couvartura manqua Colourad maps/ Cartas gAographiquas an coulaur □ Colourad ink (i.a. othor than blua or black)/ Encra da coulaur (i.a. autra qua blaua ou noira) □ Colourad platas and/or illustrations/ Planchas at/ou illustrations an coulaur □ Bound with othar matarial/ Rail* av«*c d'autras documants D Tight binding may causa shadows or distortion along intarior margin/ La reliura sarrie paut causar da I'ombra ou da la distortion la long da la marga intAriaura Blank laavas addad during rastoration may appaar within tha taxt. Whanavar possible, thasa hava baan omitted from filming/ II sa paut qua cartainas pagas blanches aJoutAas lors d'une rsstauration apparaissent dans la texte. mais. lorsque cela Atait possible, ces pages n'ont pas At4 fllmAes. Additional comments:/ Commentaires suppi^mentaires: L'Institut a microfilm* la maillaur axemplaira qu'il lui a it* poasibia da sa procurer. Las dAtaiis da cet exemplaira qui sont peut-Atre uniques du point de vue bibliographique. qui peuvent modifier une image raproduite. ou qui peuvent exiger une modification dans la m*thoda normale de filmage sont indiquis ci-dessous. D D D S D m D D D D Coloured pages/ Pages de coulaur Pages damaged/ Pages endommagAes Pages restored and/or laminated/ Pages restaur*es et/ou pellicul*es Pages discoloured, stained or foxed/ Pages dicoiories. tachattes ou piquAas Pages detached/ Pages dAtachAes Showthrough/ Transparence Quality of print varies/ QualitA intgaia de I'impression Includes supplementary material/ Comprend du matiriai supplAmentaira Only edition available/ Seule Mition disponible Pages wholly or partially obscured by errata slips, tissues, etc.. heve been ref limed to ensure the best possible image/ Les pages totalement ou partlellement obscurcies par un fauillat d'errata. une pelure. etc.. ont *t* filmAes A nouveeu de fa^on i obtenir la meilleure image possible. Th to Th po of fill Or be th< sio oti fin sio or Th shi Til wr Ml dif em be, rig rec ma This item Is filmed at the reduction ratio checked below/ Ce docume-it est film* au taux de reduction indiqu* ci-dessous. 10X 14X 18X 22X 26X 30X / H 12X 16X 20X MX 28X 32X Th« copy filmad h«r« hat b««n rsproducad thanks to tha o«narotity of: Library Diviiton Provincial Archive* of British Columbia L'axamplaira filmA tut raproduit grica i la gAniroait* da: Library Oiviiion Provincial Archive* of British Columbia Tha imagaa appaaring hara ara tha baat quality posalbia conaidaring tha condition and lagibility of tha original copy and in Icaaping with tha filming contract spacificationa. Original copiaa in orintad papar covars ara fiimad baginning with tha front covar and anding on tha last paga with a printad or illustratad impraa- sion. or tha back covar whan appropriata. All othar original capiat ara fiimad baginning on tha first paga with a printad or illustratad impras- sion. and anding on tha last paga with a printad or illustratad imprassion. Tha last racordad frama on aach microficha shall contain tha symbol -^ I moaning "CON- TINUED"), or tha symbol Y (moaning "END"), whichavar applias. Laa imagaa suivantaa ont At* raproduitas avac la plus grand soiin, compta tanu da la condition at da la nattatA da l'axamplaira filmA. at mn conformity avac las ccnditions du contrat da filmaga. Las axamplairas originaux dont la couvortura an papiar aat imprimAa sont filmte •!* commanfant par la pramiar plat at an tarminant soit par la darniira paga qui comporta una amprainta d'imprassion ou d 'illustration, soit par la sacond plat, salon la cas. Tous las autras axamplairas originaux sont filmis •n commandant par la pramiAra paga qui comporta una amprainta d'imprassion ou d'illustration at •n tarminant par la darniAra paga qui comporta una talla amprainta. Un das symbolas suivants apparaftra sur la darniAra imaga da chaqua microficha. salon la cas: la symbols — »> signifia "A SUiVRE ". la symbols V signifia "FIN". Maps, platas. charts, ate. may ba fiimad at diffarant raduction ratios. Thosa too larga to ba antiraly includad in ona axposura ara fiimad baginning in tha uppar laft hand cornar. laft to right and top to bottom, as many framas as raquirad. Tha following diagrams lllustrata tha mathod: Las cartas, planchas. tablaaux. ate. pauvant Atra filmte A das taux da reduction diff Arants. Lorsqua la documant ast trop grand pour Atra raproduit an un saui clichA. il ast filmA A partir da I'angia supAriaur gaucha. da gaucha A droita, at da haut mn bas. mn pranant la nombra d'imagas nAcassaira. Las diagrammas suivants illustrant la mAthoda. 1 2 3 1 2 3 4 5 6 I .' . 7# » .i;l. fi^I I !rf 'laV-:. .^^^r i/SiH ':?9il ..«.' ,■.!' •■•• ■ ■-•..I J-. ;•>»..' ; ■ ! iij •) .^..^ ■P'" ^ o: ; "*-4t«*/ ♦ ; JUDICIAL miRDER. i- !im ,u; r.-"'^ • « j . . . .- .. -I. V •!■ ff ,v!i';- . ■ Il , t (i«) .);. •..:J /I. !;'.;.. . 1 ] ,, The first judicial ezeoutioR in Viotoria haa been consammated ; and tifter tho mockery of n trial aecompanipd 1)y ciconmstances such u, it is to be hoped, will never recur in this Colony, a poor, $;ood-looking youQg Indian, under twenty, named Allaohe, has been executed for murder. We ore told by some people that if a ornel measure, it was a necessary one ; but is it not appalling to think that any man on this Island, mea though he be an Indian, should be condemned on nn ex parte statement of facta, without a competent Interpreter to explain them, without a Counsellor to assist him in a matter of life and death, without a friend to make known the fiuts which preceded and provoked the homicide. < ' The fiusts are, as far aa can bo collected, as follows : •>• " • — ■■■ ' ■ !'" ' • -*-- ^ -• — A young Indian, not long roorriod, and between whom and his wife there existed a real attachment, (and sH6h things are not uncouimon among Indians,) scjs Iier exposed to the daily assaults of a wortlilens, (lifacased young negm. who, in bpite of repeated warnings, returns again and again to his tent, intrudes himself continually on his presence. and once more, in his own house and under his own eyes, begins his impudent and abominable practiftes. Inflamed on this occasion by whisky — that other fatal present of civilization — the poor young savage can stand it no longer, his outraged feelings know no bounds, and half maddened by drink, half pushed on by tho instigations of another savc'^e, he Htabs the mean setluccr who ban brought disease and dishonor to his hoir<-. The young negro is removed, and dies n day or two afterwards. Such is the deed that lias been judged premedHatfd murder! And I will ask, where is the white man who, if a licentious, diseased young negro came and practiscu the same outrages on himself and his wife, would say that ho might not have committed the same crime ? Patience, however I We are told that that young man was nn Indian, and that an example was necessary ! That young Indiai. -s now standing before a Court of law, to be tried for his life; before an English Court of Justice, the first proceeding of which he does not, cannot understand ; with a Chenook Interpreter by his side, who neither knows good English nor Tsimsean Indian. And questions are being put on every fact which is sure to con* demn him, but not on one which would exculpate him ; a lonely, helpless victim, surrounded by judges the more inhuman because the more educated. Nor does a single lawyer present have the heart or the humanity to offer to defend him. And it is in an English Court of Law and a Christian Conrt of Justice v Itfaal, that such deeds take place, and that an Attorney General complacently looks on and authoriKes them by his presence ! And the Chief Justice too looks quietly on in that same Court, where every one seems to have forgotten the common feelings of justice, and forgetting his duty also, does not even assign a counsel for the defence, or remind one single lawyer of what he owes to himself and his profession ! Tlifi VAry (luy bsrorc, tind in tlmt very »nine Court, a man named Snelliofr liad been accused of cowardly murder- ing a lielpleHN drunkard on the highway — a man who could barely lift up his arms to implore Tor mercy ; and the wretch stabbed the man ; yea, stabbed his victim, helpless and motionless on the giound, and the foul deed was proved before that same tribunal, clear as daylight ! But his welNpaid lawyer was eloquent, the Chief Justice too spoke in his favor, the feelings of the Jury were worked upon, and the cowardly, dastardly assassin escaped with fonr years imprisonment. Not so with Alloohe. The poor Indian had co countrymen who could subscribe and procure him a lawyer to sift the previous circumstances, which rendered " killing no murder," or to elicit, in the presenoo of impartial jurymen* those attenuating circumstances which, from the one-sided way in which the cr^e had been got up, they did not even surmise, nor was one single word offered in his defence, excepting a few meagre explanations from tha prisoner, con- fined to the stabbing scene, and those so mutilated by an interpretation totally unworthy of confidence, (and there were other competent Interpreters in the room,) that several of the audience left from shame and indignation. Attempts, however, were made to obtain the pardon of the unfortunate young man, and a long and respectable list of flignatures footed a petition containing some of the motives in favor of mercy. But the answer was brief: — Justice must be done ; if the prisoner hal had no counsel it was a misfortune ; [it was worse than that, it was a cruel injustice to the boy, and a wanton outrage to English law] finally, an example (!) must be made, ard the Indians taught to respect the laws ! Religion too v,^ brought to work on the poor savage, and an attempt made to acquaint him with some of those Divine tenets which must have seemed passing strange when coming from one of that highlycivilizedrace who violate them every day ; one of whom had seduced his wife and blasted his home and happiness ; another of whom hud fur- nished him the deadly poison which had caused him to commit the crime, and by whom ho was now condemned to death without « hearing, for having resented what not one of themselves would have suffered. Still, however, the poor good-hearted creaturo repented his crime in tears awd bitterness, and may we trust and hope, that that repentance has been accepted. The sua rose on Saturday morning bright as usual, gilding tho hazy tops of the mountains, and awakening the inhabitants of Victoria to their accustomed labors ; but ?re that 8un arose, a scaffold had been erected in front of the Police Court, and a crowd vas now collected around it. And as the clock struck eight, our poor Indian boy, his eyes streaming with tears, was wrought out to the foot of the scaffold, followed by a fellow-prisoner — the very msn who used to sell him the whisky, and who was now to bo handsomely paid, pardoned and liberated for hanging him. And nil was silent save a word of consolation from a Policeman addressed to him in English. The poor follow stepped up the scaffold, and looked around, pale as death, and as the fatal rope was being adjusted round his neck, with all the strength of his lungH, and looking up to Heaven as a last appeal, he breathed forth one long, loud, lamentable wail. Oh, what a wail was that, appealing as it did from the sentence of unjust men to an Ali-Rlghteous Heaven. There was un indescribable accent in that wail, never to be forgotten by those who heard it — an accent of complaint but of resignation, bespeaking a feeling of injustice, which suddenly aroused every kinder instinct in the breathless crowd, and sent a thrill of horror to every conscience. Tears started from many a man's eyes, and a great many, perhaps one-half of those present, hastened away, unable to endure the sight any longer. The writer was of that nnraber. My heart had swollen into my throat, I felt myself wrong in countenancing such horrors, and pushing hastily through the crowd, as the distance increased a rumbling uoise behind me reached my ear, and I understood that all was over. One duty remained — the only one in my power. I have done my best to fulfill it, and may this feeble exposure of a great iniquity he the moans, under Diviiit* Providence, of hindering the recurrence of any such judicial atrocities. ,1 ■ 1 f r. *1" ' i Vl( TdRIA, \ 1„ .\llKUitt 27tll. lSf.(i. ALFRED WADDINT.TON. .,1 KVRNINU OP ;<«'Ol'«T 27»ll. « I'. M. }> S.— Since writing the nbovc, and after the poor victim has been dead and buried for upwardn of two days, Mr. Pearkes, the Solicitor, has fhin imtant re/!eived the following epistle, in answer to the petition handed in by him: Victoria, Vancouver Island, 24th August, 186(). My Lord and Gentlemen ; I am desired by llis Excellency the Governor to acknowledge the receipt of your Petition, praying for a commu- tation of the sentence of death passed upon one Allnchc, a Tsimscan Indian, convicted of the murder of a colored man named Brown. 2. His Excellency has had this matter under anxious consideration, and he deeply regrets that there do not Appear to be any extenuating circumstances which would warrant him in incurring the grave responsibility of inter- fering with the ends of Justice in a matter so intimately affecting the entire community. I have the honor to be, my Lord and Gentlemen, Your very obedient servant, William A. G. Youno, Acting Colonial Secretary. To he Right Reverend the Lord Bishop of Columbia, to Thomas .J. Skinner, E.i«|uire, tnd otherw, the JBigners ut the aforesaid Petition. j^_ , * V * 4 s \ .) » L''r4'62