The Curtis Murder, Magistrate's Report on the Investigation

Maple Bay Janry 11 1869

Sir,

I have the honor to transmit to you an account of the investigation made into the murder of the late Giles Curtiss of Salt Spring Island. On Monday the fourth of January I went on board H.M. Ship Sparrowhawk and landed at Salt Spring Island, After making enquiries amongst the Settlers I had three of them taken on board the ship and examined before my self and Capt Mist, on the seventh we proceeded to Kuper Island and attended by a guard furnished by Capt Mist I landed at the Plenelakut [Penelakut] Ranch. I caused a diligent search to be made through the Ranch with a view to finding any of the missing property taken from the house of the murdered man but failed to do so.

The Plenelakut tribe is a very strong one, and they have a bad character. I had three of the Indians and the Chief taken on board the Ship, after examining them we went back to Salt Spring Island where I again landed and took some of the settlers to see if they could identify the Indians as the party who made use of the threatening language towards the three Settlers when returning from Nanaimo the day before the murder but they could not swear to them. The Indians arrested were relative to the Indians murdered by the Kanakas at Nanaimo, I am inclined to believe that the Indian named Jim is concerned in the murder, as he had been living on the Island some time and absconded the day after the murder and is the Brother of the Indian now in jail for the murder of the woman [Pol at lec?]. I have given instructions to have him arrested as soon as he can be found.

I have the honor to be
Sir
your most obedient servant

Jno Morley


Offer a reward of $250 for discovery of murderers
[J.P.?]
23 Jany 69


Col. Sec
Salt Spring Island
Colony of British Columbia
to Wit

The examination of Henry Sampson, Howard Estes, John Norton, John P. Booth, Jacob, an Indian, Kal se que, Se quar, Pe hack, and Henry [Shove?], taken on board H. M. Ship Sparrowhawk on Monday the fourth, and Thursday and Friday the seventh and eighth days of January one thousand eight hundred and sixty nine, before me John Morley one of Her Majesty's Justices of the Peace for the Colony named in the margin

Jno Morley
J.P.


Salt Spring Island Monday the fourth day of January one thousand eight hundred and sixty nine.

Henry Sampson being sworn upon his Oath saith, I received information of the murder about five O clock on Sunday night but did not go to the house till the next day. I examined the floor of the house but could find no foot marks. I always understood that the deceased Giles Curtiss was a man possessed of some little money. I believe it was Indians that committed the murder, and that the Indian named Jim could give some information upon the subject. From enquiry I find that Jim, the Indian has not been seen on the Island since the murder. It is reported amongst the Indians about here, that some of the Indians belonging to the Plenelakut Tribe have committed the murder. I believe that by going to their Camp and making search some of the missing articles might be found.

Signed
Henry Sampson

Taken and sworn before me
at Salt Spring Island the day
and the date before named

Jno Morley
J.P.


Salt Spring Island Monday the fourth day of January one thousand eight hundred and sixty nine.

Howard Estes being sworn upon his Oath saith, I left the house to go to Church about ten O clock in the morning Giles Curtiss was then quite well. When I returned I found the garden gate open and the Cattle eating the cabbage. I thought something was wrong and went into the house and found Curtiss lying dead upon the floor, I did not stop to examine him but ran away directly, and went first to Wall's house, there was three Settlers in Wall's house, I asked them to go back with me to look at the deceased but they refused to go that night. I found my trunk opened and all the cloaths taken out but a purse of money left. I found that a about ten shirts, and two new axe's were taken away besides the other things named at the Inquest,

Signed,
Howard Estes

Taken and sworn before me
at Salt Spring Island the day
and the date before named

Jno Morley
J.P.


Salt Spring Island Monday the fourth day of January one thousand eight hundred and sixty nine.

John Norton being sworn upon his Oath saith, I could identify one of the Indians who threatened me when coming from Nanaimo, as stated at the Inquest, but not the others. I have not seen them since, I have not seen the Indian [Jim] since the murder. The Indian [Jim] knows the Indians who threatened me.

Signed,
John Norton

Taken and sworn before me
at Salt Spring Island the day
and the state before named

Jno Morley
J.P.


Salt Spring Island Monday the fourth day of January one thousand eight hundred and sixty nine.

John P. Booth being sworn upon his Oath saith, I was not at Church on Sunday the thirteenth of December last and cannot say who was there. I was at home in the morning but went to Begg's Settlement in the afternoon. When there Buckner came to Griffiths and told me that Curtiss was murdered that was the first time I heard of the murder.

Signed,
J.P. Booth

Taken and sworn before me
at Salt Spring Island the day
and the state before named

Jno Morley
J.P.


H. M. Ship Sparrowhawk Thursday the seventh day of January one thousand eight hundred and sixty nine.

Jacob, an Indian of Plenelakut saith, Several Indians told me that a white man had been killed at Salt Spring. I don't know who committed the murder. I have not seen any of the things. I have not seen a strange gun in the Camp. After the murder at Nanaimo seven men went from the Plenelakut Camp and brought the bodies down to bury them. The Indians named [Kul ke see, and Se quar] went to Nanaimo to fetch the bodies down, but they have not left the Camp since.

Signed,
Jacob
his X mark

Taken and sworn before me
at Salt Spring Island the day
and the date before named

Jno Morley
J.P.


H. M. Ship Sparrowhawk Thursday the seventh day of January one thousand eight hundred and sixty nine.

Kul ke see, an Indian of Plenelakut saith, I was at Nanaimo about a month since, there was only two of us in the Canoe when we came down. We went up again soon after in a large Canoe, there was ten of us in the Canoe. I did not see the Indian Jim, when we were coming down. I have not seen the Indian named Jim, for a long time. I have not been to Salt Spring Island for a long time. I heard that a White man had been killed at Salt Spring Island. Several Indians told me so. I have been to Plumper's Pass since the murder at Nanaimo. I went one day and returned the next. My brother Se quar, went with me and no one else.

Signed,
Kul ke see
His mark

Taken before me the day and date before named

Jno Morley
J.P.


H. M. Ship Sparrowhawk Thursday the seventh day of January one thousand eight hundred and sixty nine.

Se quar, an Indian of the Plenelakut Tribe saith, I went to Nanaimo when Peter the Kanakas killed his wife. I helped to bring the dead bodies down. There was seven of us in the Canoe. I did not see Jim, the Indian when we were coming down with the bodies. It was dark I could not see. It was not dark when we left Nanaimo, but it was dark when we came through the rapids. I have not been to Plumpers Pass since the murder at Nanaimo. I have not been from home; I never heard of a White man being killed at Salt Spring Island.

Re examined I have been to Plumpers Pass since the murder at Nanaimo. I went one day and came back the next.

Signed,
Se quar
his X mark

Taken before me the day
and the date before named

Jno Morley
J.P.


Jacob, the Indian, re examined saith, I remember Se quar and Kal ke ser, going to Plumper's Pass a short time since. The reason I said they had not left the Camp, or been from home was, I did not understand what you said.

Jacob
his mark


H. M. Ship Sparrowhawk Thursday the seventh day of January one thousand eight hundred and sixty nine.

Pe ack, The Chief of the Plen el a kut Tribe of Indians saith, I have heard the Indians say that a White man had been killed at Salt Spring Island. I don't know what Indian it was that told me. If I knew who had committed the murder I would assist in taking him. I have told the truth. I don't know who committed the murder if I did I would tell as I have done on former occasions

Signed,
Pe ack
his X mark

Taken before me the
day and the date
before named

Jno Morley
J.P.


H. M. Ship Sparrowhawk Thursday the seventh day of January one thousand eight hundred and sixty nine.

John Norton, re examined, I see the Indians now brought before the Court. I could not swear they were the Indians who threatened me when returning from Nanaimo. One of the Indian men is something like one of them, but the woman now in Court certainly is not the one that was with them

Signed,
John Norton

Taken before me the
day and the date before
named

Jno Morley
J.P.


H. M. Ship Sparrowhawk Thursday the seventh day of January one thousand eight hundred and sixty nine.

Henry Shove, being sworn upon his Oath saith, I see the Indians now in Court, but I could not swear they were the Indians that made use of the threatening language towards us when we were returning from Nanaimo.

Signed,
Henry Shove

Taken and sworn before
me the day and the date
before named

Jno Morley
J.P.


Maple Bay Janry 27th 1869

Sir,

On returning from Victoria I heard that the Indian named Jim, was living on the East Coast of Salt Spring Island. I went over with the Constable, with a view to searching his house, he appears to give a very straight forward account of himself, he says that he returned from Nanaimo with Norton and landed him near his own (Norton's) house on Sunday morning and then went to Maple Bay to buy some flour, returned to his own house at night, and back with the Settlers who came to give information of the murder the next day. He says that in returning from Nanaimo, no Indians threatened the Settlers, but that the Settlers abused the Indians for using their axe, and he wanted them to go away for fear they should set to blows; I have made many enquiries amongst the different Indians but get no information respecting the murder. I think if a reward was offered it might lead to the detection of the Murderers, as I believe more than one was concerned in it. I will still continue to make what enquiries I can.

I have the honor to be
Sir
Your Most Obedient Servant

Jno Morley

Source: BCA, Colonial Correspondence, File 1169-70, Morley, J. (Mflm B1342), John Morley, The Curtis Murder, Magistrate's Report on the Investigation, sent 1869-01-11, received January 27, 1869

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