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University of British Columbia Library Rare Books and Special Collections John Keenlyside Legal Research Collection
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Augustus Pemberton

This series is composed of legal documents concerning court cases involving Chinese and Aboriginal people as both witnesses and defendants. The collection documents early relationships between colonial society and Chinese and Aboriginal individuals within a legal context in British Columbia and provides documentary evidence of those relationships including first-hand narratives from all participants. The documents reveal the way in which the 19th century justice system in British Columbia related to those people of Aboriginal and Chinese descent.

Consists of eighty-two files pertaining to charges against Aboriginal and Chinese individuals and all the supporting court documents. There are 340 documents from 1862 to 1891. Most of this material either passed through or was created in the court systems of the day resulting in sworn testimony giving first hand accounts of events. Some of the documents may have been interpreted into English by court interpreters. Judge Augustus Pemberton (1808-1891) was appointed the magistrate and commissioner of police for Vancouver Island by Governor Douglas in 1858 and served as a county court judge in Victoria from September 23rd, 1867 to January 14th, 1881. Pemberton oversaw all but fourteen of these charges.

R. v. Lazar; Charged with murder (7); 1863/01/00

Indictment for murder; verdict not guilty; Victoria; 1863/01/01
Information & complaint; of Fred. Turner re killing of Sooke Chief Longman;
1863/01/02
Examination of F. Turner; 1863/01/03
Deposition of Wallatt; a Saanich Indian woman, interpreted; 1863/01/04
Deposition of Ilcheel; a Saanich Indian, interpreted; 1863/01/05
Deposition of An hoolowit; an Indian woman, interpreted; 1863/01/06
Affidavit of Peter O‟Reilly; stipendiary magistrate; 1863/01/07

R. v. Quamish (9 docs); Charged with murder; 1865/02/00

Indictment of Quamish; murder of Charley; 1865/02/01
Indictment of Quamish; murder of Jim; 1865/02/02
Recognisance of bail; signed by A. Pemberton; 1865/02/03
Deposition of Horace Coffin; 1865/02/04
Affidavit of W.H. Franklyn; Nanaimo magistrate; 1865/02/05
Information & complaint; Francis Harmetomel describing murder of crew of Schooner
Thorndyke; 1865/02/06
Information & complaint; Horace Coffin, master of schooner; 1865/02/07
Deposition of Tom; a Comox Indian; 1865/02/08
Deposition of Deerskin; native; 1865/02/09

R. v. Jim & Nequalia (21 doc); Charged with murder; 1866/01/00

Indictment of Jim, an Indian & Nequalia, an Indian woman; the murder of Edmund Urin;
verdict not guilty; 1866/01/01
Commitment of Jim for murder; signed by A. Pemberton; 1866/01/02
Commitment of Nequalia for accessory to murder; signed by A. Pemberton; 1866/01/03
Recognisance of bail to witnesses; 1866/01/04
Deposition of Patrick Ferrall; 1866/01/05
Information & complaint of Patrick Ferrall; 1866/01/06
Deposition of Tom; a New Westminster Indian; 1866/01/07
Deposition of Allen Francis; 1866/01/08
Deposition of Dr. J.C. Davie; 1866/01/09
Deposition of A. Browning; 1866/01/10
Deposition of J. Wooster; 1866/01/11
Deposition of T. O‟Connor; 1866/01/12
Deposition of Stemloh; a New Westminster Indian; 1866/01/13
Deposition of J. McCarthy; 1866/01/14
Deposition of Peter; a New Westminster Indian; 1866/01/15
Deposition of Sapple Jack; a New Westminster Indian; 1866/01/16
Deposition of Jim, alias Quay-much-than; a Songhish Indian; 1866/01/17
Deposition of Jim; the accused; 1866/01/18
Affidavit of A. Pemberton; stipendiary magistrate, Victoria; 1866/01/19
Deposition of Tim, recalled; 1866/01/20
Information & complaint; of Patrick Ferrall; 1866/01/21

R. v. Jim (12 docs); Charged with wounding with intent; 1866/04/00

Indictment for wounding; complaint ignored by Grand Jury, Kamloops; 1866/04/01
Information & complaint; of Harry Wilmer; 1866/04/02
Deposition of Joseph Dennis; 1866/04/03
Deposition of A. McCarthy; 1866/04/04
Deposition of George; a Fort Yale Indian; 1866/04/05
Information & complaint; of Harry Wilmer; 1866/04/06
Affidavit of A. Pemberton; 1866/04/07
Deposition of Jimmy; a Thompson River Indian; 1866/04/08
Deposition of Jimmy (2nd); 1866/04/09
Deposition of Sing Lee; 1866/04/10
Charge to Jimmy; 1866/04/11
Deposition of Dr. J. Trimble; 1866/04/12

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