CHAPTER XIII

Scarlet and Gold—The Rough Riders of the Plains—The

Fourth Semi-Military Force in the

World—Its Wonderful Work in the

Park—Why the Scarlet Tunic

Was Chosen—Some Curious

Indian Names—Primitive

Western

Justice.

The famous Royal North West Mounted Police of Canada, whose record

constitutes a strikingly romantic chapter in the history of Canada, was

called into being in 1873 to preserve British law and order in the vast

wildernesses lying between the Great Lakes and the mountain ranges of

British Columbia. The newly-formed Dominion of Canada had but recently

acquired these huge preserves from the Hudson’s Bay Company,

subsequently to convert them from the Northwest Territories into the

Provinces of Alberta, Saskatchewan and Manitoba.

It was the duty of the little force, some 300 strong, known as the North

West Mounted Police—destined to gain an imperishable name throughout

the civilized world for its remarkable efficiency and valor—to

administer the law and to represent supreme authority over this immense

area of undeveloped Canadian territory. Intrepid pioneers were pushing

their way into Western Canadian fastnesses hitherto unknown except to

the aboriginal Indians, explorers, and agents of the Hudson’s Bay

Company. As may be imagined, the R.N.W.M.P. had to exercise

extraordinary discretion and courage in dealing with the free and easy

forerunners of civilization and the fierce and untamed Indian tribes.

Most of the people feared neither God nor man, and a man had to stand

upon his own naked merit and strength of character.

Mere mention of the Mounted Police recalls scores of men whose names

were for long and should be for ever household words in the west. For

instance, there is Lieut.-Col. George A. French, R.A., the first

Commissioner, who personally commanded the expedition of 1874, which

opened up the southern section of the country and cleaned out the worst

of the Yankee whiskey trading forts. Col. French was Inspector of

Artillery and in command of A Battery, R.C.A., Kingston, when appointed

to command the police—a soldier possessing a combination of dash and

disregard of red-tape which proved very useful. After returning to the

army, he served in Australia and reorganized the defensive forces of

that country, retiring from the service as Sir George French.

Lieut.-Colonel James F. Macleod, C.M.G., who was Assistant Commissioner

under Col. French, and succeeded him as Commissioner, became better

known as a judge perhaps than as a police officer, as he administered

justice in the West for many years. Fort Macleod was named after him. He

had been an officer in the Ontario militia and was Assistant Brigade

Major of Militia in the Red River Expedition of 1870, receiving the

C.M.G., for his services. Col. Macleod was pre-eminently a practical

administrator of justice.

The first year the police were in southern Alberta (1874-75), Col.

Macleod acted as commanding officer of the police and stipendiary

magistrate. His men were almost frozen in their beds for lack of proper

clothing. A raid upon one of the more or less notorious Yankee traders’

“forts,” which had been doing a roaring trade in Indian horses at a rate

of a gallon of rot-gut whiskey per head, produced a welcome supply of

buffalo robes; and besides exacting from the illicit traders fines to

the full extent of the law, Col. Macleod judiciously seized the robes,

and issuing them to his men solved a problem which at one time

threatened serious results.

The gallant officer’s influence over the Indians was very great, and

resulted in Treaty No. 7 (1877) with the Blackfeet and Blood Indians. It

is to be regretted that his services were not adequately appreciated by

the Canadian Government, and his widow and children, who had faithfully

shared in the hardships of his pioneer life, were never provided for.

Governments are proverbially ungrateful.

Col. Irvine’s Services Against Riel.

Lieut.-Col. A. G. Irvine, who was Commissioner of the force during the

Riel Rebellion of 1885, was also a Red River Expedition man, having gone

out as second in command of the Quebec Rifles. He was Col. Macleod’s

successor (1882) and possessed the same excellent qualities as his

predecessor in dealing with the Indians at critical times, and was, like

Col. Macleod, idolized by his men. When Sir Garnet Wolseley returned

east a provisional battalion of militia was left in the Red River and

Col. Irvine had command of it. When the Fenian filibusterer, O’Neil,

made his raid across the Manitoba frontier, Col. Irvine had command of

the expedition despatched to the frontier, but before the line was

reached United States troops had solved the difficulty by the simple

process of seizing O’Neil and his gang. Col. Irvine was a thorough

gentleman, and those who knew him sympathized heartily with him when the

impression somehow or other got abroad that his services had not been

satisfactory during the Riel rebellion. Those who are in possession of

the facts give the Colonel credit for splendid service to the country

upon that occasion.

Previous to the outbreak he repeatedly drew the attention of those in

authority to the trouble brewing, and when the outbreak occurred he

showed great ability in conducting the march of his force of 100

policemen from Regina to Port Albert. With the temperature below zero,

he covered 291 miles of prairie trail in seven days, and the half-breeds

were preparing to intercept this force at Batoche when, to their

amazement and disgust, they learned that Col. Irvine had discreetly made

a détour, had crossed the Saskatchewan at Agnew’s Crossing, some

distance down, and was within a few miles of Prince Albert. Armchair

critics thought that Col. Irvine should not have remained in Prince

Albert, but should have joined General Middleton. However, after the

rebellion, Gabriel Dumont, while in the East, confided to me that had it

not been for Col. Irvine’s force in Prince Albert and the patrols he

kept out, the rebels would have attacked the unguarded supply posts and

wagons in the rear of Gen. Middleton’s column, which would have forced

that officer to halt or retire, for he had never more than two or three

days’ rations with him at the front. The half breeds were afraid to

leave their camp and women at Batoche open to attack by Col. Irvine for

an adventure in rear of Gen. Middleton’s force.

Commissioner Lawrence Herchmer who was a very efficient head of the

forces had served as subaltern in the British Army and had later acted

as commissariat officer on the staff of the International Boundary

Commission. I was in the Ottawa press gallery and on the day of his

appointment received a wire from a friend in Chicago announcing the

fact. I rushed over to Fred White, then Comptroller of the force, and

showed him the message. He was astounded that the news should have come

from Chicago for, he told me, “the appointment was made only ten minutes

ago.” I asked if it wasn’t William who had been appointed, but he said:

“No, it’s Lawrence.”

A. Bowen Perry, the present Commissioner, was one of the first class of

students at the Royal Military College, winning a commission in the

Royal Engineers on graduation, but serving only a few years in the Army.

He came to the front in the Riel rebellion under General Strange. He had

a nine-pounder gun in his charge and risked his life to save it when

crossing the Red Deer River. There being no other means of crossing

Major Perry decided to make a raft to carry his gun and equipment over.

Owing to the extemporized moorings breaking, the raft, with gun and

ammunition on it, ran away and was drifting down the swift current when

Major Perry managed to get the end of a rope fast to an overhanging tree

and it held. Owing to the peculiar position of raft, rope, tree and

current had the rope parted again, Major Perry must have been crushed to

death or drowned. He took the risk and won.

Assistant Commissioner C. Starnes, who is a nephew of the late Hon.

Harry Starnes, of Montreal, joined the force in ’86, having previously

been adjutant of the 65th Montreal Battalion of Montreal, his native

city, during the rebellion of ’85. He served in different parts of the

Northwest and on Hudson Bay, and was in the Yukon during the winter of

1897-8 and, relieving Supt. Constantine at Dawson until the arrival of

Supt. Sam Steele. He was loaned to the militia during the war, and did

excellent service in Quebec. His promotion came in December, 1919, and

he is now second in command at Ottawa.

Superintendent G. E. Saunders was one of several officers of the force

who splendidly showed by their records that officers who wear monocles

and bestow careful attention upon personal appearance are none the less

good men, and efficient, confidence-inspiring officers. Severely wounded

in South Africa, he again saw service in the Great War and rendered a

splendid account of himself. He was perhaps one of the handsomest

officers in a force which was largely composed of good-looking men.

I recall a number of former officers of the force whom it was a treat to

look upon—Assistant Commissioner J. H. McIlree, as plucky and as

courteous as he was good-looking; Superintendent Frank Norman, alert,

eagle-eyed and active; Superintendent R. B. Deane, one of the fine old

school of officers, formerly of the Royal Marines; Superintendent J. D.

Moodie, who was the first Mounted Policeman to command a deep sea naval

expedition, namely that to Hudson Bay; Col. Walker, of Calgary, is still

in the flesh, and like his namesake, Johnny Walker, still going strong.

Inspector W. D. Jarvis was another of the original officers of the

force, he having gone out as Inspector in command of A Division and

having had charge of the column which proceeded via Qu’Appelle,

Touchwood, Batoche, Carlton and Pitt to Edmonton while Col. French and

Col. Macleod were marching through Southern Saskatchewan and Alberta.

Inspector Jarvis was much beloved in the force. It will be interesting

to many friends and admirers of the late Sir Sam Steele to know that

Inspector Jarvis was largely instrumental in securing a commission for

that gallant officer. Sir Sam, who had been a non-commissioned officer

in A Battery under Col. French, was sergeant-major of A Division of the

Police on Jarvis’s march to Edmonton in 1874. Forage and rations gave

out and rotten weather was experienced. It was then that Sam Steele’s

pluck and energy showed up and Inspector Jarvis in his official report

spoke very highly of his services, especially mentioning that he had

done manual labor of at least two men. Sir Sam’s services at turbulent

railhead camps during the construction of the C.P.R. through the

mountains, at Loon Lake and Frenchman’s Butte in 1885, in the Yukon in

the gold rush days, in South Africa while commanding Lord Strathcona’s

Horse, and in England during the recent war, are too well known, or

should be, to require reference to them here.

Superintendent A. R. Macdonnell was one of the old-timers who knew how

to handle the noble red man and the half-breed. Upon one occasion in

1885, he set out with three or four men to get eight Indian horse

thieves, and located them in a camp of 45 lodges near Wood Mountain. The

chief man in the camp presuming to make threats, Supt. Macdonnell simply

covered him with his revolver, ordered the thieves to be produced,

triumphantly took them and the stolen horses out of the camp, and on

returning to headquarters tried the prisoners and sentenced them.

Superintendent Macdonnell was commonly known as “Old Paper Collar,” a

name bestowed upon him for his alleged partiality to that very practical

and at one time economical article of attire.

Treating With Sitting Bull.

Among the giants of those days Major James M. (“Bob”) Walsh was noted as

one of outstanding courage and wisdom in dealing with white men or

Indians. His word was law and he never broke his word. His cool

fearlessness and his integrity gained for him the absolute confidence

and the high regard of the Indian chiefs throughout the Northwest

Territories, and this enviable esteem stood him in good stead upon the

memorable occasion of his dealing with the great Sioux chief, Sitting

Bull, following the Custer massacre in 1876. Gold had been discovered in

the U.S. territory allotted to the Indians. Prospectors and miners had

invaded the Indians’ hunting-grounds with the result that trouble ensued

between the white men and the Indians. Sitting Bull and his braves

finally came into conflict with the U.S. authorities, and Gen. Custer

and his men were exterminated at the battle of the Little Big Horn River

in Montana in June, 1876.

After the battle Sitting Bull and many of his warriors fled northward

and entered Canada near Fort Walsh, a police post founded by Major Walsh

in 1874 among the Cypress Hills. Sitting Bull was pursued by a party of

U.S. troopers, who, incensed by the Custer disaster, were disposed to

follow him into British territory and wreck vengeance upon the Sioux

chief.

But Sitting Bull claimed sanctuary under the British flag, and it was at

this critical juncture that Major Walsh’s courage, sagacity and sound

judgment prevented an awkward and dangerous international situation.

Major Walsh, under the instructions of Col. Macleod and Col. Irvine, had

naturally kept himself closely and accurately informed concerning the

warfare between Sitting Bull and the U.S. authorities, and was aware not

only of the Custer massacre but also of Sitting Bull’s flight toward

Canada. He was promptly on hand when the Sioux chief and his band of

warriors crossed the boundary line, and warned the pursuing U.S. forces

not to invade Canadian territory or the N.W.M.P. would be compelled to

deal vigorously with the situation. Major Walsh was widely known

personally and by repute on both sides of the boundary by white men and

Indians, by the civil and military authorities. The U.S. troops halted

at the border.

Major Walsh, accompanied by one of his sergeants, rode into the camp of

Sitting Bull to ascertain his intentions and discuss the situation. The

Sioux chief and his men were in a dangerous mood after the Custer

engagement and their harsh treatment by the United States, and were

ready to fight to the last man if need be. They did not know if Major

Walsh came as friend or foe, and he certainly took his life in his hand

when he rode into Sitting Bull’s camp. But the Major told Sitting Bull

that he and his people might remain in Canada so long as they obeyed the

laws and created no disturbance, as indeed they did remain, more or less

happily, for the rest of their days.

Sitting Bull maintained an intense hatred for the United States which he

claimed had persecuted him infamously and had callously violated its

treaties with him repeatedly. But he became a firm friend and ardent

admirer of Major Walsh, and in after years it was the Major who arranged

and presided over interviews between Sitting Bull and sundry American

journalists and politicians. John J. Finnerty, one time war

correspondent of the Chicago _Times_, has given a graphic description of

such a meeting, and the Major in his scarlet uniform is a conspicuous

figure in the group.

Another characteristic incident occurred in 1877 when bands of the

Saulteaux and Assiniboine Indians became involved in a tribal fight near

Fort Walsh. Major Walsh and a handful of policemen rode into the Cypress

Hills direct to the headquarters of the warring tribes—many hundreds of

them—arrested the ring-leaders, told them he intended to take them to

Fort Walsh to be tried by the law of their Mother, the Great White

Queen, and at once brought about peace and quietness among the fierce

and reckless warriors. Those who know the character of the Indians there

in those days appreciate the risk run by Major Walsh and his few

policemen.

Major Walsh had various titles among the Indian tribes of the great

West. By some he was known as “Wahonkeza,” meaning “Long Lance”, while

the Piegans called him “The White Chief of the Assiniboines.” The

Assiniboines called him “The-one-that-ties” from the fact that on his

first official visit to the Piegans he shackled four of the wrong-doers

with great promptness. He negotiated the cession of Assiniboia by the

Indian chiefs to the Canadian Government.

Major Walsh and the late Dr. G. W. Beers, of Montreal, were often

classed together as fathers of modern lacrosse in Canada.

Assistant Commissioner W. H. Herchmer was dearly beloved in the force as

a dare-devil and there was considerable expression of surprise in some

quarters when his brother, Lawrence Herchmer, was made Commissioner in

1886, instead of him. “Old Bill” Herchmer, as he was known, came into

public notice first as commanding officer of Lord Lorne’s escort on his

western tour, and again attracted attention as Chief of Staff to Colonel

Otter during the 1885 campaign. He commanded for many years at Calgary,

where his sadly tragic death was deeply regretted.

Inspector G. A. Brisbois was known in the force as the founder of

Calgary. He commanded B Division under Col. French and was sent up to

the forks of the Bow and Elbow to watch some trading posts established

near there. He had rough barracks built, which were the first permanent

buildings on the site of the present city. Inspector Brisbois dated his

first official report in 1875 from “Fort Brisbois,” and for some time

the barracks were so designated. Popularly Calgary was known by a

variety of names as “The Mouth,” “Elbow River,” “The Junction,” etc.

Confusion resulting, Colonel Macleod was deputed by Sir John Macdonald

to confer a name on the post and he called it by the name of his

paternal home in Scotland, “Calgarry,” which is Gaelic for “Clear

Running Water.” The spelling reformer has since been busy, and so we now

have the name with the single “r.”

Of course, there are many others of the former officers and men of the

force one could and would like to write about did space permit—men like

Supt. Griesbach, the first to join the ranks as a buck policeman, and

whose son is now representative of Edmonton in the Dominion parliament;

Lawrence Fortesque, C.M.G., I.S.O., who enlisted as a buck policeman and

rose to the comptrollership of the force—he is now retired and living

in England, but he pays occasional visits to Canada and I had the

pleasure of renewing old acquaintance with him the other day in Ottawa;

Major Winder; Jacob Carvell; Dalrymple Clarke, a nephew of Sir John

Macdonald; Supt. Shortcliffe; Capt. Jack French, who was shot at Batoche

in ’85, while attacking a Metis stronghold, and whose posthumous son is

an officer of the force and won the I.S.O. for service in the arctic

regions; Dr. Kittson, the original surgeon, a member of Commodore

Kittson’s family; Dr. G. H. Kennedy, from Dundas, Ont., who succeeded

Dr. Kittson; Dr. Dodds; Dr. Jukes, who was possessed of a remarkable

memory, and had high literary tastes; Veterinary Surgeon Burnett, who

has been 34 years with the force and is a horseman with very few equals

anywhere; Supt. Gagnon, 27 years in the force, who married Hon. Joseph

Royal’s daughter, who received the surrender of Big Bear and

distinguished himself overseas; Supt. L. N. F. Crozier, who commanded at

the action at Duck Lake in 1885, and whose reports to the Government

previous to the rebellion, if acted upon, might have prevented any

uprising; Inspector Joe Howe, the nephew of the great Nova Scotia

statesman, who was wounded at Duck Lake and later rendered distinguished

service in South Africa; Assistant Commissioner “Zack” Wood, who was an

officer in the 90th in 1885, did great service in the Yukon, and is now

stationed in the arctic regions; Charlie Constantine; Wroughton;

Belcher; Shortcliffe, Morris, who commanded the post at Battleford

during the Riel trouble; Routledge; Supt. Alfred Dickens, son of the

distinguished Loyalist, who held Fort Pitt to the last and then escaped

the Indians by rafting down the river; Strickland; poor Chalmers, who

died a hero’s death while trying to save the life of his comrade

Saunders in South Africa; Jack Cotton; Inspector Jack Allen, who figured

in the final incident of the “Almighty Voice” tragedy in May, 1897, was

a born fighter, and has seen service since the early sixties—at Windsor

(Ont.) border, during the Civil War, and during the Fenian raid in ’66,

and was through the South African war and did great service in Great

Britain during the recent Great War; Supt. Cecil R. Denny, of a

distinguished Irish family; Col. Osborne Smith, after whom Fort Osborne

in Winnipeg was named, and who was temporary commissioner of the force

for a brief period in 1873, Major Charles F. Young, a British officer

who fought in the Maori war in New Zealand, and is now police magistrate

in Prince Albert, (a man of convivial habits, but with a stern sense of

duty—a sort of kind-hearted official who would shed tears when illicit

liquor was destroyed at his command); Asst. Commissioner John A.

McGibbon, from Montreal; J. O. Wilson, of Dundas, Ont., who did

excellent service in the Riel rebellion; Inspector Cuthbert, whose

father was one of the seigneurs of the province of Quebec; Supt. Snider

from Peterborough, who made a high reputation in different parts of the

country; Supt. Primrose, from Pictou, N.S., who is now a police

magistrate at Edmonton; Supt. Moffat, of Toronto; Inspector Antrobus;

Charlie Wood, who rose from a buck policeman to be editor of the Macleod

_Gazette_, and is now a judge in Saskatchewan; Supt. E. W. Jarvis, who

later was a member of the lumber firm of Macauley & Jarvis in Winnipeg,

and commanded the Winnipeg Field Battery during the Riel Rebellion;

Victor Williams, who won honor and fame during the late world war and

was a worthy son of a distinguished father, Col. Williams of Port Hope,

Ont., who died at the front in ’85; Asst. Commissioner Routledge, of

Sydney, C.B., who died in 1919; Inspector Ed. Allen—and others whose

names are deserving of recognition in the scroll of fame, but memory

fails me, I regret. But some day when a full and complete history of the

force is written, they will not be forgotten.

[Illustration: ROUGH RIDERS OF THE PLAINS—WINTER UNIFORM OF THE

R.N.W.M.P.—AN INDIAN POLICEMAN—INDIAN CAMP.]

* * * * *

One name, however, will be emblazoned in bright letters—that of Col.

Fred White, for years comptroller of the force, to whom is due the

gratitude of not only the members of the force, but of the people of the

Dominion and the Empire for his eminent services.

* * * * *

To tell a tithe of the heroic deeds performed by the Old Rough Riders,

of their daring adventures, of their courage and fearlessness under any,

and all circumstances, no matter how hazardous, would fill a huge

volume. The taking of a culprit from a hostile camp of 500 or 1,000

warriors by one or two buck policemen, the bringing of murderers and

violent lunatics a thousand miles through pathless regions, in the

depths of winter, evidenced the long arm and the strong arm of British

law, and gave the force a glory that can never fade.

The Why of the Scarlet Tunic.

The adoption of the scarlet tunic for the Mounted Police was an

inspiration, and knowing something of the denseness of the official

mind, I often wondered why such a really sensible thing had been done by

officialdom in selecting a uniform for the Mounted Police. It appears

that in 1872 the government sent Colonel Robertson Ross, commanding the

militia, to reconnoitre the far west, and he made the trip overland from

Winnipeg to the Pacific. In his report, which recommended the

organization of a mounted force to open up the western country, he

explained that prejudice existed among the Indians against the color of

the dark green uniform worn by the men of Irvine’s provisional (rifle)

battalion at Fort Garry.

Many of them had asked: “Who are those soldiers at Red River wearing

dark clothes? Our brothers who lived there many years ago (belonging to

a wing of H.M. Sixth Regt. of Foot sent to Red River in 1846) wore red

coats, and we know that the old king’s soldiers who fought against the

Yankees wore red coats and that the soldiers of our Great White Mother

wear red coats now. The soldiers who wear red coats are friends of the

Indians, and if the men in Red River wore red coats we would know that

they are the Great White Mother’s warriors, and we would not be

suspicious of them.” Sir John Macdonald appreciated the force of this

argument and ordered that the color for the Mounted Police tunic be

scarlet instead of rifle green as at one time proposed.

By the way, the term “fort” as used in the far west at this time was

found to be very much of a misnomer. Any kind of an old log hut which a

trader made his headquarters was dignified by the designation of “Fort.”

These forts were usually named after the trader who built them—Fort

Kipp, Fort Hamilton, etc. Forts “Whoop Up” and “Stand Off” were in their

day central depots or warehouses for several smaller posts and

travelling “outfits,” and “Whoop Up” was in comparison with most of the

others a real fort with bastions and defensible barricades.

In 1886, when out for the Toronto _Mail_ to enquire into an expected

Indian rising, I wrote an article favoring the use of barbed wire around

the alleged forts as a means of entanglement for the Redskin enemy, and

a great many people looked upon it as a weak sort of joke. The great

part barbed wire played in the recent war showed that the Mounted

Policemen and pioneers who had suggested the idea to me thirty-four

years ago knew what they were talking about.

I do not think it is generally known now that the late Henri Julien,

probably the most brilliant newspaper artist ever produced in Canada,

accompanied French’s expedition into the West, attached to the staff.

Julien’s sketches appeared in the _Canadian Illustrated News_ and did

much to draw attention to the then unknown West. He did more than

sketch, for in the Commissioner’s diary of September 3, 1874, which I

had the privilege to look over the other day, appears the following:

“Julien ran a buffalo and killed him. I came in for the finish and had

the beast cut up and brought in on an ox cart. I had the meat placed in

one of the water barrels and well salted.”

For many years the North West Mounted Police were under the

administration of Sir John Macdonald, in his capacity as President of

the Privy Council. An instance of the ready wit of the “old man” came

under my observation in my early days in the Press Gallery. The Mounted

Police estimates were under consideration in Committee of Supply. Sir

Richard Cartwright, who was following the proceedings, had spotted a

suspicious-looking item in the annual report of the Mounted Police, and

thought he saw an opportunity of badgering Sir John. “I note in the

report of the officer commanding the detachment at Macleod,” said Sir

Richard in his most pompous manner, “an extraordinary statement

regarding the disappearance of stores. Will the right hon. gentleman

deign to inform the House how he accounts for this extraordinary

paragraph, ‘2,000 bushels of oats, 10 kegs of nails—eaten by rats.’ ”

The old man rose with a smile on his countenance, and quickly replied,

“The explanation which I have to offer to my honourable friend, for what

he considers an extraordinary circumstance, is a very simple and

reasonable one. The rats, having gorged themselves upon the 2,000

bushels of oats, evidently felt that they were in need of an iron

tonic.” The committee burst into a roar of laughter, in which Sir

Richard himself heartily joined.

To-day, as in the early ’70’s and ever since, those of us who know the

valorous deeds of the Rough Riders of the Plains will ever take off our

hats to one of the greatest semi-military forces the world has ever

seen.

Western Justice As It Was.

In the days of the Cariboo gold rush sixty thousand miners, adventurers

and all the riff-raff that follow in the wake of a great mining

excitement, filled the Cariboo country in Central British Columbia. The

C.P.R. had not been built in those days, and the Argonauts crowded in

overland through the Yellowhead Pass and down the Fraser to Quesnel, or

from Victoria to Yale by steamer, thence on foot, horseback, stage or

any other way up the Cariboo Road.

Barkerville became a larger city than Victoria, the seat of government,

500 miles away. Yet with all this rabble of people, rough character and

law-abiding men drawn from every quarter of the globe, Cariboo was

maintained as an orderly, safe district through the efforts of one man,

Sir Mathew Begbie, who was judge and various other officials all in one.

He administered justice with a ready and iron hand, and put fear into

the hearts of those of lawless tendencies. On one occasion he had

convicted and fined a malefactor $200.

“That’s dead easy,” flippantly said the culprit, “I’ve got it right here

in my hip pocket.”

“—and six months in jail. Have you got that in your hip pocket, too?”

came the ready amendment to the sentence, thus vindicating the dignity

of the court and proclaiming to all and sundry that a British court of

justice, even though held under a pine tree, was not to be trifled with.

This story has been told and retold, credited to magistrates and judges

mostly in the southern States, but it really happened in Sir Mathew

Begbie’s court in Cariboo in the early seventies. At least one man is

living to-day who was present on the occasion and that is my old friend,

Colonel Robert Stevenson, the pioneer prospector, of Similkameen, B.C.

Another characteristic incident is told of the Judge. A sandbagger, who

was haled before him for assault and battery and against whom the

evidence was pretty clear, was found “not guilty” by the jury—to the

Judge’s utter disgust. In disposing of the case, he said to the

prisoner:

“You are guilty, and I know you are guilty, but this precious jury has

decided that you are not. You are free—free to go out and sandbag every

blessed juryman that has let you off. Now go!”

Another story illustrating Judge Begbie’s ready resourcefulness and

sense of justice, combined with a contempt for precedent, was a case

where two partners in the ownership of a mining claim quarreled and then

had a dispute over the division of their ground. After listening to a

lot of tall swearing and contradictory evidence, Judge Begbie stopped

the trial and turning to the litigants said:

“You, Jones and Brown”—that wasn’t their names but nobody remembers now

who they were—“are agreed that you want to divide this ground?”

“Yes, sir.”

“But you can’t agree on how the lines are to be run.”

“No, sir—” but they got no further.

“Very well, Jones, you go out to the ground and run a line dividing it

the way you think it should be divided.”

“Yes, sir,” responded the exultant Jones.

“And, Brown.”

“Yes, sir.”

“To-morrow you go out and take your choice of the two halves as Jones

divides it.”

Probably not since the days of Solomon has a legal dispute been more

equitably or effectually settled than was that by Judge Begbie—an

Englishman just out from the Old Country, in a wild frontier mining

camp.

Judge Rouleau held court at widely-scattered points throughout the

Northwest Territory and he was noted for the rough and ready, but

shrewdly-just, quality of his decisions. On one occasion a half-breed,

Louis Frechette, was charged before Judge Rouleau and a jury with the

theft of a mule. The evidence was not very convincing—hardly sufficient

for a Carolina mob to hang a nigger on—but the jury evidently believed

somebody ought to be convicted of stealing the mule. There was no doubt

the mule had been stolen. That was the only point that there was no

doubt about. However, the jury brought in a verdict of “guilty” much to

the chagrin of the judge, who thereupon was bound to sentence the

accused which he did as follows:

“Louis, stan’ up. Louis, you have been convict’ of steal de mule. I

sentence you to ‘tree mont’ in the polis Barracks at Regina. An’ Louis,

d—— you, if I t’ink you guilt’ of steal dat mule I would give you

t’ree year.”

Thus did the good judge vindicate the law and at the same time express

his contempt for the jury’s verdict.

Another time when a half-breed was up for some offence or other, the

evidence was very conflicting and barely warranted a conviction, if

that. But he was found guilty and the judge, addressing the prisoner,

said:

“Boy, I am not altogether sure you are guilt’, an’ so I will be lenient

wit’ you. I sen’ you to de penitent’ for five years.” Goodness only

knows what penalty would have been inflicted upon the unfortunate

culprit if the judge had been absolutely sure of the prisoner’s guilt.

But the judge was not so far wrong, after all—he sentenced the

disreputable man on general principles, that if he wasn’t guilty of this

particular crime, his everyday, dissolute, good-for-nothing life would

be all the better for a little enforced retirement, and the countryside

would also materially benefit by it.

Passing Death Sentence on a Nuisance.

In another case of Western justice, I myself was the presiding

magistrate in the Winnipeg police court, owing to the unavoidable

absence of Colonel Peebles, the regular distributor of justice. A

worthless drunken pirate, who had the championship for being the best

all-round nuisance in whatever locality he happened to be, was brought

up charged with being drunk and disorderly. The evidence was clear, and

I felt that full justice should be sternly administered. So I put on my

black Derby hat, and ordered the prisoner to stand up.

“George,” I said with dignity and solemnity, “you have been found guilty

of being a general trouble provider and a universal nuisance. The

sentence of this court is that you be taken from the place from whence

you came, immediately after breakfast next Friday morning, and be hanged

by the neck until you are sure enough dead, and may the good Lord have

mercy on your alleged Protestant soul.”

George stood aghast, but just then the good old Colonel came in, and

intimated to me that I couldn’t hang a man for being drunk, even if he

was a confounded nuisance.

“I can’t, eh? What on earth am I here for, tell me that, Colonel

Peebles?”

Chief Murray and other court officials corroborated the Colonel’s

statement and, as I am always willing to oblige, I immediately relented

and ordered the prisoner to still stand and also to stand still.

“George, some warm if misguided friends have intervened in your

miserable behalf, and have pleaded with me to be merciful. I

shall—instead of sentencing you to the gallows, where you should go—I

shall banish you off the face of the earth. Now get!”

And George did, but before he got very far he came over to St. Boniface,

where I had an office, and borrowed $6.00 from me to take him to

Pembina, which is just across the international boundary and outside the

jurisdiction of the Winnipeg courts. I warmly congratulate myself that

that was the only time I ever “committed a nuisance.”

Grand Old John Kirkup.

In the early days of railway construction in British Columbia, John

Kirkup was greatly in evidence in the cause of public peace and order.

He was generally at the end of the line where the toughs congregated.

John was a big husky fellow, strong as an ox, tender as a child, and

wore a very pleasant, smiling countenance. He was a police force all by

himself and a terror to law-breakers. One night while a couple of C.P.R.

civil engineers were playing billiards in one of the camps, three toughs

from across the boundary came in and began rolling the billiard balls

around. John was on hand, and quietly advised the interlopers to desist.

When they wanted to know what business it was of his, he coolly told

them that if they continued annoying the players he would have to arrest

them. They laughed sardonically and spread themselves in a triangular

position to lick him. Before they knew it, every mother’s son of them

was on the floor. John, with lightning rapidity, had effectively stunned

the trio with his baton, and before they recovered from their surprise,

he had them handcuffed and kicked them all the way to the skookum house,

where they did time in a chain gang for a month.

* * * * *

Another time, in the early ’90’s, John and I were strolling down the

main street of Rossland when we came across two tramps who were engaged

in a violent vocabulary duel. After listening a moment to their

unparliamentary language, boisterously addressed to each other, John

interfered:

“Hear, you fellows, follow me.”

He led them to a quiet vacant lot, a block or so away.

“Now, strip off your coats and go to it, and be mighty quick about it,

too.”

They did, and it was one of the finest bits of hit, bite and kick and

catch-as-catch-can that I ever beheld. When they were nearly exhausted,

John tapped them on the soles of their boots, and pulled them apart.

“Now,” he said, “hit the trail, both of you, and if I catch you again,

I’ll—”

But they didn’t wait to hear what John would do. They were off for the

great United States and they stood not upon the order of their going.

John Kirkup was one of the outstanding figures in the early days of

British Columbia, and while he was rewarded for his admirable services

by the appointment to a gold commissionership, his great reward for the

good he had done on earth awaited him in the Great Beyond.

A Lethbridge Pirate.

Strange to relate, a man at Lethbridge stole a row-boat which was tied

up to the shore of the lake which is just south of that enterprising

town. He was arrested, and brought before a local justice of the peace,

who decided that according to high authority, as set forth in the legal

tomes dealing with such cases, it was a case of piracy—and naturally

so, to feloniously steal a vessel off the high seas. There was nothing

to do, according to the code, but to sentence the offender to death. The

J.P. was a tender-hearted man, and deferred sentence until he had

consulted with higher legal authority, which he did, and the culprit

fortunately escaped the gallows.

The Mounted Police To-Day.

The force to-day is 1,800 strong, six times its original strength, and

its operations are extended all over the Dominion. Amongst the

newly-recruited force, like the first command, are a large number of the

brightest and bravest of young Britishers, many of whom are sons of

distinguished families, and they are maintaining the enviable high

prestige that the force has gained since its organization nearly half a

century ago.

Reminiscences of a Raconteur, Between the '40s and the '20s · 第 13 / 18 章