No. 6
25th January 1866
Sir,
I have the honor to inform you that an Indian named "Dick" was tried and convicted at a late sitting of the Court in this Colony for the crime of murder.
Having requested the attendance of His Honor the Chief Justice at an Executive Council in the usual manner it was after full considerationunanimouslyManuscript image unanimously resolved to commute the sentence to imprisonment for life.
I enclose a copy of the letter of the Chief Justice together with a copy of his notes.
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
Acknowledge rect as is usual in such cases.
ABd 2 April
FR 2/4
EC 3
Documents enclosed with the main document (not transcribed)
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Joseph Needham, Chief Justice, to Colonial Secretary, 10 January 1866, reporting the conviction of an Indian accused of murder and agreeing with the decision of the jury that the sentence be reduced to life imprisonment.
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Notes made by Needham throughout the course of the trial recording various testimonies and proceedings leading to the conviction of the accused, dated 5 January 1866.
Documents enclosed with the main document (transcribed)
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Judge’s Chambers Court House
10th January 1866

Sir

I have the honor to report for the information of His Excellency The Governor the following facts with regard to the case of a prisoner named Dick.
This prisoner is an Indian and was tried before me on Friday the 5th January Instant and was found guilty of the
The Honble
The Colonial Secretary &c &c &c
murderManuscript imagemurder of one Wakeekos also an Indian. —
Sentence of death has been recorded, and he now in Gaol awaiting the result.
The verdict of the jury was accompanied by a recommendation to mercy.
In this recommendation of the jury I agree and I think that the sentence should not under the circumstances be carried out, and this for reasons which IManuscript imageI will gladly explain in person whenever it may suit the convenience of His Excellency—
In the meantime I beg to enclose a copy of my Notes for the consideration of His Excellency.
I have &c.
(Signed) Joseph Needham

Chief Justice.
Documents enclosed with the main document (transcribed)
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5th January 1866
Dick. a Pentlalch Indian
Murder of Wakeekos an Indian
Pleas Not Guilty.

The Attorney General for the Pros.
Mr. Ring for the Prisoner.
Tom
I knew Wakeekos the deceased, he was a Nimkish Indian. I last saw him alive 2 or 3 months ago. I recollect an Indian named Cock Eye. I recollect seeing Cockeye tipsy. I recollect seeing Cock-eye going to Wakeekos house. I saw the prisoner Dick kill Wakeekos. He killed him with Manuscript imagewith a small gun. I was outside my lodge and I saw Dick drag Wakeekos out of the Chief’s lodge and drag him down to the sea. Wakeekos drew a knife on Dick and Dick got angry. My back was then turned for a time but I heard a report turned round and saw smoke — It was dusk I could not see but I hear Wakeekos scream. I saw him afterwards dead. I did not examine any wounds. I afterwards took Dick and brought him to Nanaimo. I am a constable employed under the government to take up bad characters at Comox. All this happened at the Manuscript imagethe Indian Village at Comox. I was made a policeman after Wakeekos was killed.
By Mr. Ring
It is the custom of the Indian Tribe to obey their chief. It used to be the custom amongst the Tribes to order vengeance to be taken for the death of on by killing another, but it is not the custom now. I saw Cock-eye lying on the ground after the alleged stabbing by Wakeekos. Cock-eye belongs to the Nanoose Tribe. Wakeekos was a Nanoose Indian. Dick’s wife was Cockeye’s sister.
By the Jury
There was a distance of about 10 yards Manuscript imageyards between me and Wakeekos when Wakeekos drew the knife on Dick.
Bill. — an Indian
I recollect Wakeekos, he is dead. I saw Dick drag him to near the edge of the sea and shoot him. I saw it about 3 months ago, he shot him with a small gun or pistol Wakeekos was attempting to stab Dick and Dick shot him.
Depositions put in and read case for the Crown
Mr. Ring for the Prisoner.
Law of the Tribe. Impulse or Anger.
Verdict Guilty with a recommendation of Mercy. Sentence. Death Recorded.
Kennedy, Arthur to Cardwell, Edward 25 January 1866, CO 305:28, no. 3027, 81. 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/V66006.html.

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