No. 101
3rd December 1864
Sir
I have the honor to transmit the copy of a Report of the Chief Justice in reference to the trial and conviction of two Indians for a very attrocious and unprovoked murder, and to inform you that after consultation with my Executive Council it was decidedthatManuscript image that the sentence should be carried into effect, which was accordingly done by the execution of the culprits this day.
I have the honor to be,
Sir
Your most obedient Servant
A.E. Kennedy
Governor
Minutes by CO staff
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Mr Elliot
Ack: rect.
ABd 13 Feby
TFE 13/2
CF 14
EC 15
Documents enclosed with the main document (not transcribed)
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Copy, David Cameron, Chief Justice, to Kennedy, 24 November 1864, supporting the guilty verdict of the jury in the trial of two men, named "Quoquilinot" and "Stashul", and a woman named "Ich-chi-co-mat" in the murder of five indivudals. Transcribed below.
Other documents included in the file
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Draft reply, Cardwell to Kennedy, No. 9, 24 February 1865.
Documents enclosed with the main document (transcribed)
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Copy

To His Excellency Arthur Edward Kennedy C.B. Governor, and Commander in Chief in, and over the Colony of Vancouver Island,
and its Dependencies

Sir,

I have the honor to report
1. That in pursuance, and by virtue of Your Excellency’s Commission of Oyer, and Terminer, and General Gaol Delivery, bearing date the Twenty Eighth day of October last, a Court for the trial of all such offences as might be brought before it, was summoned, and held at VictoriabeforeManuscript imagebefore me on Thursday the third day of November instant.
2. That during its sitting, and Indictment was found by the Grand Jury against two men named Quoqiulimot, and Stashul, and one woman named Ich-chi-co-mat, for the murder of five individuals, viz, Mary Smith, and her child (a female) a boy named Jax, and two men named Neach, and Lo-to-ax, all Indians.
3. That the Indictment was tried by a Common Jury on Friday, the eleventh Instant, and after a careful consideration of the evidence, a verdictManuscript imageverdict of guilty was returned against the men Quoquilimot, and Stashul, and of not guilty as to Ich-chi-co-mat, the woman, who was there-upon discharged. —
4. That on Monday, the Fourteenth Instant, judgement of Death was passed on Quoquilimot, and Stashul, for the murders of which they had been found guilty— Execution of which was ordered to take place on Saturday the 3rd day of December next.
5. I transmit herewith a copy of my minutes of the evidence given at the trial, for Your Excellency’s information. ItManuscript imageIt is circumstantial in its nature, but it clearly establishes the guilt of the Convicts. — I quite concur in the verdict of the jury, and I feel the offence to be in its nature so atrocious, that I do not think it con-
sistentconsistent with my duty, to recommend Your Excellency to exercise your prerogative of Mercy. —
All which is humbly submitted
(Signed) David Cameron
C.J.

Chambers, Court House 24th November 1864
Kennedy, Arthur to Cardwell, Edward 3 December 1864, CO 305:23, no. 1334, 482. 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/V64201.html.

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