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54 The Fraser River Mines.

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MISCELLANEOUS DOCUMENTS RELATING TO ORIGIN
OF “NED McGOWAN WAR.”

December 31st, 1858.

Thomas Piesley, being duly sworn, makes affidavit to the following:

I reside at the Hole in Wall on Fraser River above Fort Yale.
I was at Fort Yale this morning. I know Mr. Hickson, constable of
Hill’s Bar. I saw him at the Court-house this morning; saw him hand
a letter to Judge Whannell, which he read and appeared very much
excited, and called Mr. Hickson up to the desk and said: “I want you
to bring those men before me forthwith.” Mr. Hickson said he could
not without an order from Judge Perrier, as the men were already
before Judge Perrier. Captain Whannell says: “I am your superior
officer; I wish them to be brought before me.” Captain Whannell
appeared very much excited and said: “Do you not acknowledge me
aS your superior?” Hickson answered: “ No, not as a superior.”
Captain Whannell did not ask Hickson if he did not recognize him as
a superior officer, but as a superior.*° Captain Whannell desired an
officer to remove Hickson from the Court-house. Hickson replied:
“T have another letter,” which he handed to Captain Whannell, but
he refused to read it. An officer then removed Hickson from the
Court-house. After he (Hickson) left, Captain Whannell said: “I
will commit him to Jail,” and ordered the clerk to write a commitment,
I then went to see Hickson, not expecting to find him locked up, but
found that he was before a commitment was made out.

Sworn before me at Hill’s Bar this 31st day of December, 1858,

(Sgd.) GEORGE PERRIER,
Justice of the Peace.

To His Excellency James Douglass
Governor of British Columbia. -

Dear Sir,—It is with sincere regret that I have to inform your
Excellency that a misunderstanding has arisen between Capt. Whan-
nel (the gentleman your Excellency was pleased to appoint as Justice
of the Peace for the District of Fort Yale) and myself. On Wednes-
day the 29th of Decr., Capt. Whannel directed a general warrant to me
for the arrest of two men charged with assault and battery at Fort
Yale on the 25th day of Decr. I indorsed the warrant and placed it
in the hands of Constable Henry Hickson, of Hill’s Bar. On Thursday

he arrested the men. I admitted them to bail to appear for examination

(86) This is probably ‘ the insolence or contempt at Captn. Whannell’s authority ’? to which
Judge Begbie refers in his letter of February 3, 1859, ante, p. 35.