Colonial Despatches
The colonial despatches of Vancouver Island and British Columbia 1846-1871
Correspondence (private letter)
Magee, Joshua Michael to Pelham-Clinton, Henry Pelham Fiennes 5 May 1860, CO 60:9, no. 4611, 347.
Abstract
Correspondence (private letter).
Minutes (3), Enclosures (untranscribed) (7).
Magee to Newcastle
Newry
5th May 1860
My Lord Duke,
On the 24th December 1858 Bernard Rice (a Native of
Carrickcloughan in the Parish of Killeavy in the County of Armagh)
was Shot to death by one William Foster at Fort Yale, British
Columbia. An Inquest was held before P.B. Whannell Justice of the
Peace and Coroner, and a Verdict of Wilful Murder by William Foster
was found.
Mrs Elizabeth Rice the Mother and next of kin of Bernard Rice
lives in Castle Street in the Town of Newry.
On the 14th of January 1859, Captain Whannell wrote to
Mrs Rice informing her of the Murder of her Son, and subsequently
a Second letter, enclosing a Copy of the Verdict, and further Stating
That among Bernard Rice's Papers, a Bill for £20, drawn at 7 days
Sight by the Provincial Bank at Newry on Spooner Atwood & Co London,
was found, which Bill, Mr Whannell retained until he should hear
from Mrs Rice.
That, on the person of Bernard Rice he had found, and had taken
Charge of a Bag Containing Gold Dust value 69 Dollars and 50
Cents—In Silver Coin One Dollar & 85 Cents and a "Colt Revolver."
That the Deceased's friend had Sold his Effects and placed same
in his Mr Whannells hands amounting to 91 Dollars and requesting
Instruction for the disposal of the Effects.
See letter No 1.
on
On the 29th Decr 1858 Two men, named Simpson Musgrove and
Thomas Williams, wrote to Mrs Rice from Fort Yale, stating the
death of her Son and stating, "400 Dollars were on his person. That
they had Sold his Claim & Effects for 91 Dollars and handed Same to the
Authorities." See Copy No 2.
On the 29th Decr 1858 Two men, named Simpson Musgrove and
Thomas Williams, wrote to Mrs Rice from Fort Yale, stating the
death of her Son and stating, "400 Dollars were on his person. That
they had Sold his Claim & Effects for 91 Dollars and handed Same to the
Authorities." See Copy No 2.
In March 1859 Mrs Rice received these letters and answered
both directly.
On the 10th of June Williams & Musgrove wrote from Fort Yale
acknowledging receipt of Mrs Rices letter (on 8th June) wherein
one States, "I have just been at the Magistrate of this place to see if
he had sent the Money to you and that the Magistrate said he had written
to Mrs Rice on the 27th of January." See Copy No 3.
Not having received a reply from Captn Whannell, Mrs Rice
instructed me to write to him and on the 3d of Augt 1859 I
addressed to Captn Whannell a letter explaining that Mrs Rice
was Entitled to the property of her Son, and requesting same would
be remitted to her.
But up to the present, no reply has been made to this letter.
Nor has she heard from Captn Whannell. See Copy No 4.
The Bill for £20 was sent by Mrs Rice to her Son to sustain
him while in bad health in the Colony. The Second Bill she now
holds, It having been returned to her through the Post Office at
Puget Sound after her Sons death.
I
I enclose a Copy of Bernard Rices letter to his Mother
acknowledging receipt of the £20 Bill, and explaining that, it having
been the Second Bill of Exchange, it was not Negotiable. See Copy
No 5.
I enclose a Copy of Bernard Rices letter to his Mother
acknowledging receipt of the £20 Bill, and explaining that, it having
been the Second Bill of Exchange, it was not Negotiable. See Copy
No 5.
I beg on the part of Mrs Rice Your Lordship will be pleased
to cause inquiry to be made into the facts, and direct Captn
Whannell to remit to Mrs Rice the Effects of her Son Bernard Rice,
which came to the hands of Captn Whannell, and if possible, to
bring William Foster to Justice.
Minutes by CO staff
We do not possess the information requisite for us to act upon
in this matter. But we can send copies of these papers to the
Governor, directing him to institute the necessary enquiries, &
report thereon. I do not feel quite sure that Capn Whannell is at
present a Justice of the Peace. Inform the applicant of the course
taken.
ABd
8/5
Mr Fortescue
This letter has only reached me to-day, and I forward it to you immediately, as requested.
This letter has only reached me to-day, and I forward it to you immediately, as requested.
TFE
9 May
Documents enclosed with the main document (not transcribed)
P.B. Whannell to Elizabeth Rice, 14 January 1859, advising of
the death of her son and requesting instructions for disposal of his
estate.
Simpson Musgrave and Thomas Williams to Rice, 29 December 1858,
advising of the death of her son and explaining that they had sold
his effects and paid the money into the hands of the authorities.
Bernard Rice to Elizabeth Rice, 8 May 1858, describing his
circumstances and explaining his difficulty in getting the £20 bill
cashed.
Documents enclosed with the main document (not transcribed)
Draft, Fortescue to Magee, 19 May 1860, advising the governor had
been instructed to make enquiries into the status of property left by
Bernard Rice.