Kelly to Granville
20 Rue [Wutertre Boulogne?] Sur Mer
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 Messrs Trudin Roussel & 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.
Messrs Trudin & 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,Manuscript image 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 Messrs Trudin & 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.
Messrs Trudin & 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 Messr Trudins loan is very considerable.
I have been strongly urged by Messrs Trudin & 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
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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 getManuscript image 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.
CC 28/4
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So reply.
RGWH Ap 28/70
WM 1/4 [5]
G 1/5
Documents enclosed with the main document (not transcribed)
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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.
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Crease to Selby, no date, marked ("B"), proposing H.V. Edmonds be given the new power of attorney for the collection of rents.
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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
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Herbert to Kelly, 3 May 1870, advising that the Secretary of State does not feel called upon to interfere in the matter.
Kelly, William to Leveson-Gower, Granville George 2 April 1870, CO 60:42, no. 4532, 339. The Colonial Despatches of Vancouver Island and British Columbia 1846-1871, Edition 2.2, ed. James Hendrickson and the Colonial Despatches project. Victoria, B.C.: University of Victoria. https://bcgenesis.uvic.ca/B706K01.html.

Last modified: 2020-12-02 13:40:34 -0800 (Wed, 02 Dec 2020) (SVN revision: 5008)