Judge Begbie. 37

strictly for the future—expressions wch I was very glad to hear, as
coming from a man reputed to be of violent character, and made with-
out any compulsion whatever, and in the presence of a large crowd of
men over most of whom he exercises a very considerable influence, and
therefore possessing much more weight with these bystanders than any
words of mine.

12. The next matter then came to be examined into; and although
irregular, I permitted the defendants to enter into what really was the
gist of their case—viz., that they were acting under virtue of a warrant
from a justice of the peace wch they were in fact precluded from
even questioning. Mr. Perrier was examined on this point; and on
the whole Mr. Brew and I were both of opinion that no jury would
have convicted on an indictment for the alleged misdemeanour in
assaulting the Justice and forcing the gaol. It appeared, indeed, to me
that if the matter had gone to trial I should have been bound to direct
an acquittal. Wi§ith the concurrence of the Lieut. Governor, there-
fore, Mr. Brew and myself directed the defendants to be dismissed.**
I ought here to mention that Mr. Brew, J.P., arrived very opportunely,
having travelled express in a canoe all the way from Langley in very
trying weather,*® and that he was of the greatest assistance to me in
this affair, carrying out all the details; my time being very much
occupied in other multiplied investigations, chiefly relating to the con-
duct of Mr. Hicks, late J.P. and Assistant Crown Commissioner at
Yale, into wch the Lieut. Governor deemed it necessary for the public
service to institute minute inquiries.

14. I am sorry to have to report, as the result of those inquiries,
throughout wch the Lieut. Governor bore a patient and laborious
part, Mr. Hicks appears wholly to have neglected his duties as far as
keeping any records: the imperfect entries wch he has kept being
such as to invite doubt and investigation only, and being apparently
incapable of proper explanation even by himself—that he appears
wholly to have neglected any attempt to collect the revenue wch it was
his duty to have collected, and wch to some extent at least might have
been collected, whereas it is now more than probable that much of the
arrears will be lost; that he has on many occasions by his own admission
taken unauthorized fees from miners or others for recording or pre-

(48) Lieutenant Mayne states that the next day Judge Begbie and himself visited Hill’s Bar.
McGowan, he says, ‘‘ conducted us over the diggings, washed some ‘ dirt’ to show us the process,
and invited us to a collation in his hut, where we drank champagne with some twelve or fifteen
of his Californian mining friends. And, whatever opinion the Vigilance Committee of San Fran-
cisco might entertain of these gentlemen, I, speaking as I found them, can only say that, all
things considered, I have rarely lunched with a better-spoken, pleasanter party.’’

(49) ‘*On the morning of the 16th (January, 1859) I started in the lighter of our canoes
and reached Fort Hope the same night in time to proceed on to Fort Yale with the party of Royal
Engineers under Captain Grant. We arrived at Fort Yale at 8 o’clock afternoon [sic] on 17th.”
See letter, Brew to Moody, January 20, 1859, in Yale Record Book.