a eR eh A pe eed

38 The Fraser River Mines.

ed a OE

tending to record their claims; that he has in several instances, on
granting or pretending to grant privileges connected with the land,
reserved or obtained for himself an interest in the profits ; that he, being
authorized to grant liquor licences, has in particular granted to one
Kingham an exclusive wholesale liquor license at Yale in wch he is
allowed a third or a quarter share on the express stipulation that no
other person shall be allowed a wholesale license there, and has refused
to grant such other license accordingly: and that he has brought
the whole administration of justice into contempt. It is scarcely
possible to arrive at an accurate knowledge of his misconduct, as we
found by experience that no reliance is to be placed on his most distinct
assurances on subjects wch must be within his own personal and very
recent knowledge; e.g., an interest reserved to himself in a sawmill
and a ferry, as to which he admitted on the last day we were at Yale
that he had told us clear and repeated falsehoods. The whole of the
leases in the Yale town district are, moreover, so far as I have seen
them, void, in consequence of his having without a pretense of authority
very materially altered the terms of the printed forms wch he had
furnished by Your Excellency; in fact, omitting the principal stipula-
tions in the lease introduced on the part of the Crown. I am therefore
of opinion that Mr. Hicks is totally unworthy of serving Her Majesty
in any capacity whatever, and that it would be extremely proper that
criminal proceedings shod be instituted against him,

In consequence of the state of titles to town lots at Yale arising
from the falsification of the leases and the recording or alleged record-
ing of conflicting claims, it would almost seem a proper step to wipe
out all that has been done and recommence the town. The buildings
wod not all require to be removed: and all of them are of a very light
description and could easily be rebuilt anywhere.

As to the origin of the outrages, it appeared that Yale and its
vicinity are chiefly inhabited by citizens of the United States of
N.A. more or less connected with California; and, like other Califor-
nians, deeply imbued with party spirit; and, like all United States
citizens, very fond of political excitement and meetings, particularly
when they conceive that some legal tight has been infringed. Yale is
chiefly inhabited by partisans of the “ Vigilance Committee ”; Hill’s
Bar by partisans of the “Law and Order” party in San Francisco,
In particular McGowan and Bagley™ are resident there, owning claims
on the bar; also Wilson, an ex-alderman. Not one of these men’s

(50) For the details of these various misdeeds see the charges made by Captain Whannell,
(51) Probably J. W. Bagley, a notorious person in California in 1856. The executive of the

Vigilance Committee had resolved, in September, 1857, “that if J. Ww. Bagley is found in San
Francisco after the 20th instant he will be immediately executed without trial.’’