No. 38, Miscellaneous
2nd June 1866
Sir
I have the honor to acknowledge the receipt of your Despatch No 13, 6th April 1866 requesting information as to the effects of a Police Officer named John Curry who was accidentally killed in 1864 before I assumed this Government.
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You will observe from the accompanying copy of a letter from Mr Cowper Cain dated 13th March 1866 with my minute thereon and accompanying correspondence that I had instituted inquiry into this matter before I received your Despatch.
The only excuse for the delay in closing this matter, as you will observe from Mr Pemberton's letter (dated 31st May 1866 herewith), is "that there was no PublicAdministratorManuscript image Administrator in this Colony." This is I regret to say still the fact, and though a Bill has been long since drafted by my directions to remedy this Evil I do not see any immediate probability of its passing into law.
The accompanying papers will explain the whole transaction which I can only regard as an additional instance of the irregularity and loose management of the Police Force when under the Commissionership and Superintendence of Messrs PembertonandManuscript image and Smith.
The matter is now in Mr Hankin's hands and will be settled without delay.
I have the honor to be,
Sir,
Your most obedient Servant
A.E. Kennedy
Governor
Minutes by CO staff
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Copy to Mr Pease.
ABd 14 July
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I do not think it wd be proper to send all this correspondence to Mr Pease. Inform him of the reason of the delay & of the present state of the case.
Draft at once.
FR 16/7
Documents enclosed with the main document (not transcribed)
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Copy, Cowper Cain to Kennedy, 13 March 1866, writing on behalf of Mrs. Curry who sought news of her son's death, and stating that as no reply had been received to repeated inquiries, the "next inquiry will be through the Colonial Secretary at the instance of J.W. Pease, Esqre M.P. for South Durham."
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Pemberton to Mrs. Curry, 25 April 1864, informing her of "the decease of your son who was shot by a brother officer in mistake," and advising that his estate would be remitted to his relatives upon receipt of a letter in answer to his communication.
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Minute, signed by Kennedy, 15 May 1866, asking that the above correspondence be referred to Pemberton for comment.
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Minute, signed by W.A.G. Young, Colonial Secretary, 15 May 1866, marked "Forwarded to Mr Pemberton accordingly."
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Minute, signed by Philip Hankin, Superintendent of Police, no date, advising that Curry's estate was being wound up and that moneys due would be "paid into the Treasury to the credit of the late John Curry, there to wait until claimed by next of kin."
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Minute, signed by Kennedy, 30 May 1866, advising that Hankin had not provided information regarding the circumstances of Curry's death and the reason why the estate remained unsettled two years after the death occurred.
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Minute, signed by Young, 30 May 1866, advising that the governor's comments had been forwarded to the Superintendent of Police for reply "at his earliest possible convenience."
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Hankin to Young, 31 May 1866, advising that Curry had been shot by accident on 1 March 1864 and explaining the details surrounding the settlement of his estate.
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A.F. Pemberton, Stipendiary Magistrate, to Young, 31 May 1866, explaining the delay in settling Curry's estate and the course of action he had taken in the matter.
Other documents included in the file
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Colonial Office to J.W. Pease, 21 July 1866, forwarding information "respecting the death of John Curry, and his residuary estate."
Kennedy, Arthur to Cardwell, Edward 2 June 1866, CO 305:28, no. 6754, 398. 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/V66038.html.

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