April 2 1870
To the Earl of Granville
Colonial Secretary
My Lord
I venture even in the height of your busy season to address you
as Colonial Minister, and bring under your notice the conduct of
Mr Henry P.P. Crease, the late Attorney General for British
Columbia, who I observe has been gazetted as Puisne Judge for
that Colony. I abstained from doing so as long as I could
reasonably hope receiving any explanatory communication from that
gentleman, but as my well meant procrastination, has only
entangled me in—I fear—very ruinous difficulties,
I am constrained
to request that you will officially direct him to furnish full
information and pay over such balances as must have accumulated
in his hands, since I find
the French authorities have taken decided action in the matter.
My story is very short and simple. In October 1860 I went out
to British Columbia, as Special Correspondent of the "Daily
News" and took up some town lots in the then vacant City of
Yale, which subsequently yielded me an income of over £600 p[er]
annum but as I was obliged to return here in 1863, I gave a
power of Attorney to Mr Hugh Nelson to manage that property
which he did satisfactorily for sometime, but gradually becoming
very lax and irregular. I cancelled the old and executed a new
power to Mr Crease in accordance with the urgent demand of
MessrsTrudinRoussel & Joslin the eminent Barristers in
this City who long previously had made me a large advance
accepting my ascertained income as security, and being put by
me, in the entire receipt of the rents.
MessrsTrudin & Co sent the power through their English
[Avocne?] here, (Mr Ths Selby) on July 4th 1868, but not
receiving any answer whatsoever they communicated with the
French Vice Consul at Victoria, B.C. requesting him to call on
the Colonial Secretary, for accurate information in the matter,
naturally conjecturing
there was some collection between Mr Crease and me. This
brought a communication from that gentleman which I enclose a
copy of marked ("A") bearing date 18th February 1869 and on the
5th June following Mr Nelson forwarded a remittance of £120
which was so [unfortunately?] below the amount of income and
arrears expected, that MessrsTrudin & Co directed Mr Selby to
address a strong expostulatory to Mr Crease which was followed
by an answer that I enclose a copy of marked ("B"). There was
then a long silence broken by a letter from Mr Edmonds, a copy
of which you will find marked ("C") and so the affair remains up
to this date, without any further intelligence, or any further
remittance—and I am now left in deplorable health and extreme
penury, relying for relief, on the promptitude and equity of
your Lordships interference.
MessrsTrudin & Co sent out a special agent to the colony on
the 17th February last, with positive instructions to take such
immediate steps, as he might be advised to. This, as a matter
of course, will entail great expense on me, and as their envoy
is armed with all the powers which they, and the French
Government can assign him, he will necessarily involve Judge
Crease in a Serious pecuniary Scandal which might have been
easily avoided, as the margin between the well paid income of
the Yale property and the interest in MessrTrudins loan is
very considerable.
I have been strongly urged by MessrsTrudin & Co to have the
whole affair brought under the cognisance of Parliament, and
thoroughly ventilated by the metropolitan press, with which I am still
connected, but not being actuated by a malicious animus,
Simply following the promptings of the "first law of nature" I
choose rather [to] address your Lordship. For if Mr Crease
would furnish any plausible excuse for his apparent negligence,
rendering a good account of the large Sums [overheld?], and
guaranteeing me fron the inevitable costs of the "special
agency," I would still use my best endeavours to bring about a
quiet settlement.
I have the honor to remain
Your Lordships
faithful servant William Kelly
[P.S.] Mr Selby has favored me with the original letters of
which [I] enclose copies.
W.K.
Minutes by CO staff
Mr Herbert Mr Kelly is an absentee B. Columbia Proprietor. Mr Nelson
held a Power of Attorney for the collection of Mr Ks rents.
He revoked it & gave over to Mr Crease the late Attorney
General & now Judge. Mr Crease appears to have endeavoured to
settle accounts with Mr Nelson & also appointed a Mr Edmonds
to collect the Rents in Mr Nelson's place. The result appears
to be that Mr Kelly does not get his right & seems to think
that Mr Crease is not dealing fairly. Mr Crease did not
act as Att: Genl—but as Mr Kelly's Agent. On such a
statement as we now have I do not think the Secy of State ought
to interfere.
Documents enclosed with the main document (not transcribed)
H.P.P. Crease to Thomas Selby, 18 February 1869,
marked ("A"), describing his actions in the matter,
and advising that arrangements were being made to replace
Nelson as collector of rents.
Crease to Selby, no date, marked ("B"), proposing H.V. Edmonds
be given the new power of attorney for the collection of rents.
Edmonds to Selby, 9 February 1870, marked ("C"), detailing his
role in the matter and declining to act as receiver of rents
in view of the subsequent confusion and misunderstanding.
Other documents included in the file
Herbert to Kelly, 3 May 1870, advising that the Secretary of
State does not feel called upon to interfere in the matter.