Wind arose with a gale from the SSE accompanied by torrential rain on the late Tuesday night of September 15th, 1891 against the Southern Coast of Newfoundland. Circling the French fishing schooner Jeune Eugenie was a gust of wind and rain that deceived its Captain Auguste Rosse and crew off the shore of Channel. In attempt to reach the port, the St. Pierre vessel ran aground on the Eastern Baldwin shoal. All crew including the Captain eventually made it to shore in rowboats but the schooner lie stationary on the shoal. Sensing an opportunity before all fishing gear and provisions was lost several local men from the community of Channel boarded the schooner to desperately salvage what they could. Their actions that night would turn the lives of their families of Hare, Gillam, Vardy, Childs, and Strickland upside down.

The friendly neighbour and the law

Beginning a large series of court records which detailed the ups and downs of the court proceedings and investigations which turned the community of Channel against its Constables and Magistrate is a statement by Acting Sergeant James Henry Wilcox.

“Southern District – Channel to Wit:

Be it remembered that on the Twenty Third Day of September AD 1891 at Channel in the said district James H. Wilcox of Channel, aforesaid, acting sergeant – Newfoundland Constabulary, a credible witness comes before me the undersigned one of her majesty’s justices of the peace in and for the said district and saith his oath, now duly made by him before the said justice that on the night of the fifteenth or early morning of the sixteenth September instant, drivers, goods, and fishing gear, the property of the owners of the French Schooner Jeune Eugenie of St. Pierre, then lying stranded on the Eastern Baldwin Shoal at the entrance to Port aux Basques harbor, to writ oars, fishing lines, provisions, liquor etc. were feloniously stolen from the said vessel and that be this informant hath probable and reasonable cause to suspect and verify doth suspect that the said oars, fishing lines, provisions, liquor etc. or a portion thereof are concealed on the premises of William Vardy, Samuel Hare, Thomas Gillam, Michael Gillam, Mark Childs, William Strickland and William Vardy all of Channel aforesaid Fishermen and therefore the said James H. Wilcox saith that justice may be done in the premises. Signed Act. Sgt. Wilcox

Exhibited and Sworn before one at the time and place aforesaid. Signed R.T. Squarey J.P.”

A stunning statement by the Acting Police Sergeant which illustrates perfectly the opinion of law enforcement in the weeks following the acquisition of the French goods. Wilcox was born in 1853 in the community of Brigus and was 38 years old at the time of the incident. After moving to Port aux Basques with his wife Jane, he raised a family and lived the extent of his life in the area before passing away in 1945. The 1921 census shows Wilcox lived just two houses away from Wilson Vardy.

The Examination of the French Captain

“Auguste Rosse Master of the French Fishing Schooner “Jeune Eugenie of St. Pierre maketh oath and saith: “I am Master of the French Schooner ‘Jeune Eugenie,” my vessel was recently stranded on the East Baldwin shoal she went ashore about from nine to half past nine on the evening of the fifteenth September instant, all the crew left the vessel as soon as she struck and came to Channel. I went alongside the vessel with the policeman in the dory between eleven and half past eleven the same night. The policeman said it was too rough to go on board as we returned to the shore, I went on board again about nine o’clock next morning sixteenth instant. I then missed a quantity of goods and materials from the vessel but could not say

how much on abandoning the vessel, we had only time to take one bag. I missed about eighty fishing lines about 6000 hooks, riding light, kerosene can, and medicine box, clock, and spelling knives. The place was open where the barrels were gone and I don’t know what was missing then. I told the policeman the things were stolen, I lost a lot of other things besides what I have stated, but at the time I cared not say what it was. The salter owns splitting knives of his own, I do not know if the others own any.

Signed Auguste Rosse.

Sworn before me at Channel aforesaid,

This 26^th Day of September AG 1891

Signed R.T. Squarey J.P.

Law enforcement in the small Newfoundland outport give their version of events

Setting the scene with their lengthy version of events is then-Acting Sergeant James H. Wilcox of the Newfoundland Constabulary who states:

“On the night of the fifteenth September instant about half past Ten O’Clock Mr. Wilson Vardy came and notified me, that there was a French Fishing Schooner ashore on the Eastern Baldwin. I then dressed myself and went and notified the Magistrate, we came back to the Police Station, Mr. Vardy told me the men from the schooner, fifteen in all were ashore at his house and he had nothing to give them to eat. Mr. Vardy asked me for some butter which I gave him, we then Vardy & I went to Vardy’s house where the men were staying. When we got there the Captain and crew were out standing on the bank. I spoke to the Captain, he could not speak English one of the men interpreted. I asked the Captain did he want any assistance, one of the Frenchmen answered yes, I then told the interpreter to tell the Captain that the Wreck Commissioner was gone to Grand River. I then asked the Captain the state of his craft and if he thought we could board her, as the wind was blowing out of Port aux Basque Harbor with heavy sea and rain squalls. After the men got their tea, about midnight I told the Captain that we would try to get on board, the Captain and crew put on their oil clothes in the house. We then went to where the dories were.”

Wilcox continues, “I noticed liquor on some of the Frenchmen. We, the captain, interpreter, myself and three other men rowed out towards the schooner, while turning the winging point another dory manned by Frenchmen and accompanied by Mark Childs of Channel rowed off towards the Schooner. When we got off alongside, we found that the first board with Childs and the others had been there and left again. I hailed them and they came alongside, Childs and the Frenchmen told me it was no place for men to go on board that schooner tonight. He warned not stay there himself. Childs told me the vessels haul works were all gone as well as two dories that were lashed on decks and that the deck was moving. I took it for granted it was so. The vessels sails were blowing about and neither Captain, crew nor myself thought it safe to board her. We then came ashore. The crew had some of their clothing and Childs had the patient log. I saw I could do nothing more with the wreck that night I spoke to Childs and told him I would take him to act as watchman with me in the morning. This was between one and two o’clock of the morning of the sixteenth of September instant. I then secured the services of Wilson Vardy to act with me as watchman and told him when he thought fit we would board the schooner.

About three o’clock in the morning, Mark Childs came into Wilson Vardy’s house. He did not look altogether straight. He said his wife called him up that he had no time in the house and that he thought it was daylight, he stayed there a minute or two and then went home, as he said to lie down again about four o’clock of the sixteenth. Wilson Vardy, Michael Gillam and myself got ready to board the vessel. I sent Michael Gillam to see Childs and to find out if he was going with us. Michael Gillam returned and told me he could get no sense into Mark Childs, we went down to where we had left our boat. She was not there. We then took a dorey and rowed off as we were rowing out I saw a dory and some boats at Samuel Hare’s stage. Wilson Vardy said he thought it was his boat that was there, we then went on and rowed aboard. We, Vardy and I, boarded the vessel leaving one man in the boat. We went aft and had to cut some ropes to secure the main sail. I then went into the cabin and we secured the Register, 6 muster charts, box of squid jiggers, drawers full of books, quadrant patent log horn and other stuff. I saw no water in the vessels’ cabin, saw no water in the forecastle, or hold William Vardy and his son two of the accused then came alongside, I ordered Wilson Vardy to allow no one on board in my absence.”

Get me the Magistrate; Gather the Surveyors

“I then went on shore and reported the condition of the stranded vessel to the Magistrate and gave him the Ship’s cannister. I then went to the eastern part of Channel to get parties for a survey to be held on the vessel at once. I then went on board the schooner again. The Magistrate and the Surveyors then came on board. The Surveyors after looking over the vessel and asked one to go on shore and get a craft to take the sail out as they thought the craft could be got off but not to give more than twenty dollars. Before going on shore I gave strict orders to Wilson Vardy to see that – nothing be plundered during my absence. I came ashore and arranged with Austin Martin to go alongside the stranded schooner and take out the salt for sixteen dollars. On the sixteenth the Captain complained to me that the schooner had been plundered. On the twenty first – September I found a clue to where the plunder was hidden. On the twenty third September instant – I made a compliant on oath before the Magistrate and applied for a search warrant. I had posted up notices offering a reward of forty dollars for public information and twenty dollars for private information. After posting up the third poster, I went in to see Mark Childs. On the seventeenth – September instant, Mark Childs met with an accident – blew a wad from a gun through his right hand. I all the same as accused him then of being a party – connected with the plundering of the French Schooner Jeune Eugenie. On leaving Childs house I said to him “You had best tell me about it – would be better for yourself. You know the state you are in.” Childs replied “Look here Mr. Wilcox you know the state I am in.” I said “Yes, I do not want to say anything now.” Childs then said “I can’t tell on them.” I said “I don’t want you to tell on Ted Hare and George Gillam.” Childs then said “I see Mr. Wilcox you know all about it.” I then left Childs and came and swore out my warrant to search the premises of Wilson Vardy, William Vardy, Samuel Hare, Thomas Gillam, Michael Gillam, Mark Childs, and William Strickland.”

The constable had guessed who had plundered the schooner based on suspicions and tricked Mark Childs into confirming his suspicions. Would Wilcox have gotten the warrant without this admission?

He continues describing the occurrences, “I then got the assistance of local constable LeMoine and told him I wanted him at Samuel Hare’s when he was ready. I told local constable Le Moine to pay particular attention to the pleat-roofed store of Samuel Hare and that he would have the assistance of another man with him. On my way up the road I met William Vardy Junior. I arrested William Vardy Junior on suspicion of having stolen property in his possession and brought him to the lock-up. I told him the best course was to give up all he had to me and that if not tomorrow I would search William Vardy Junior then he said he would go with me and give up what he had. I then went to his house taking him with me. He gave me an empty jar from the cellar. He then went to Mr. Aaron Forsey’s stage and got me give ash oars. William Vardy Junior said that was all that he had. I then brought him together with the articles to the Lock-up. I then went down to the Eastern end of Channel again. By this time two additional constables Cox and LeMoine Junior had been placed on duty. I placed them at their several posts.”

Constable Frederick Cox (1856-1905) and Alexander Waddell LeMoine (1864-1894) were both natives of Channel. John Charles LeMoine (1815-1900) came from Jersey and immigrated to Newfoundland.

Ted Hare to the lock-up

“I then went into Samuel Hare’s house. I told him that I was going to take Ted to the Lock-up. Samuel Hare then said that he would give me up all he had, a little later, by and by. I then went out and cleared the crowd away that was gathered around and then when I returned to Hare’s house I found Thomas Menchin conversing with Samuel Hare. I arrested Edward Hare and brought him to the lock-up. I then went down to arrest George Gillam and Thomas Menchin. They were both in bed. My suspicions were aroused by observing Thomas Menchin conversing with Samuel Hare and Edward Hare. I then went into Samuel Hare’s house again.

Samuel Hare said “come and I will give you up all I got. I took local constable LeMoine with me and we went down into the store which I had told him to watch particularly leaving Constables Cox and A.W. LeMoine on the water. The articles Samuel Hare delivered up to me were seven bundles of large fishing lines, ten bundles small lines, two rep spiced lard and one tub butter; one can of gun powder, this was found in three different pits covered up in the coal. I also found six large single lines and three coils of rope. This was concealed in a bulk of fish. Samuel Hare then told me that the rest was on board his skiff. I then secured the articles I have just mentioned and despatched local constable LeMoine for a boat and we brought the articles to the Court House. Did not search further that night. This was about midnight special constable Cox and A.W. LeMoine remained on watch all night local constable LeMoine and myself taking some rest.”

On Thursday, twenty fourth day September instant – about six o’clock in the morning I got the Captain of the Jeune Eugenie to go aboard the skiff with me to identify the articles. In the afterstanding room under the shute I found seven lines of trawl hooks in the afterworn, one compass box bus no card. In the midship room of the skiff I found ten coils, small marillen rope; one can with gun power in it; one fishing line; one flask of brandy, special constable Cox was with me at the time I arrested Thomas Menchin and George Gillam. It was about six o’clock in the morning. When I arrested Samuel Hare it was about half past seven o’clock in the morning. Between nine and ten o’clock in the morning we went down to Samuel Hare’s again and the woman gave me one tub of lard. I went upstairs and got one compass card in Edward Hare’s box I then went down in Samuel Hare’s store and found one masthead light and one plane. We also found a can of kerosene oil. Later on in the day I found a fifty pound barrel of pork in Samuel Hare’s stage covered with herring.

About eleven o’clock in the morning William Vardy Junior went with me again to his place. His father William Vardy Senior, was then away at Cape Breton. In the ceiling of William Vardy’s house I found three sed lines and four trawl lines and three bundles of hooks, and in the porch an empty tub and under the flooring of the porch a chafing leather for a bawser(?)

On the evening of the twenty fourth – September instant – I visited Wilson Vardy’s premises as the Captain had complained of Squid Jiggers being missing. Early in the morning of the sixteenth September instant – while with Wilson Vardy and Michael Gillam we placed on board the boat a box of squid jiggers with the quarrant and other things. The Captain took possession of quadrant carts and box of papers. On visiting the place again we found the boxes empty. The Frenchmen themselves had recourse to the place and the jiggers are all gone. William Vardy Senior having arrived from Cape Breton, I arrested him on the evening of the twenty fourth September instant. Signed Act. Sgt. Wilcox.

Sworn before me at Channel this 26^th Day of September AD 1891 Signed R.J. Squarey J.P.”

The younger Vardy brother protects his family

Next the testimony of Wilson Vardy, fisherman of Channel was supplied. “I remember the night of the fifteenth September instant, I was lying down in my house about half past eight o’clock when Thomas Menchins came in and said that a schooner was going into Port aux Basques. I watched her cross the Eastern Shoal Point. She seemed to stand in among the nets, and as I had nets out – I felt uneasy. I put on my boots and went on the hill and all at once I saw her sails come off of her out of sight. I thought that she was as either ashore on the Baldwin or else anchored, so I went in and put my jacket on. I ran across towards Shark Cove and Thomas Menchin with me. When we got on the hill near Shark Cove I saw two dories coming from the schooner. The men in the dories were calling out to one another. When they got near enough I hollered too. They rowed into the landwash where I was and took me in. That was between Whale’s Back and Shark Cove. They asked the way to the harbor and I showed them.

When I got aboard the dory I asked where the Captain was. One of the men said he thought the Captain capsized a dory alongside the vessel and got drowned. I asked them would we go back to the schooner. One of the men who could speak English said “no.” We then came into Channel and hauled up the two dories. By that time two dories more, one containing the Captain came alongside also. We hauled up their dories also. At this time there was only myself and the Frenchmen present. I went and got the key of my own store and then they the Frenchmen put their clothes and oars in my shore house. I told the men to come up to my house. By that time several townspeople had gathered. I then went for Mr. Cossman. He was not home. I then came for Mr. Wilcox. I then went with Mr. Wilcox and called the Magistrate. The reason I called Mr. Wilcox was because I did not have victerals (?) enough to feed fifteen men all the one time. Mr. Wilcox weighed me out two pounds of butter. When I went home again some of the men said they wanted some dry socks. When I went with them to get dry socks I found out it was spirits they wanted. I first – went on board a little after four o’clock in the morning. I did not go to bed that night. It was about ten o’clock when I brought the men into my house. I am well acquainted with all the accused. About ten o’clock that night I saw Samuel Hare down by the shore. He was doing nothing. He told me he had heard the noise and had got up out of bed.

After dinner next day Samuel Hare and his son came on board the schooner Jeune Eugenie as she lay stranded. I was ?? on board said schooner I saw Edward Hare about the same time as I saw his father. I saw the accused George Gillam about the same time, as the others I again saw him next. Morning when he came alongside the stranded vessel. The accused Thomas Menchin was with me when the schooner went on shore. He remained with me about half an hour. He asked me then for the loan of my boat as he was going to look at his nets, as he did not know whether the schooner carried them away or not. It was blowing heavy in the Bight at this time. I told him he could have her. I don’t know who went with him. I did not see the boats go out to look after the nets – Menchins nets were set about 300 yards from the shore. The next time I saw Menchin was when he came alongside the wreck next day in company with a Frenchman. I did not see William Vardy at all the night of the wreck. I saw him between five and six o’clock next morning alongside of the wreck. I did not see William Vardy Junior until I saw him with his father next morning alongside the stranded vessel.”

“I saw Childs at my house about eleven o’clock or after. He called me out back of the house to me a slew of liquor he had in a bottle. I wanted him to give me the bottle of liquor. He would not give it to me. I saw none of the accused after the time I have stated until next day. I saw Childs about three o’clock in the morning. He came to our house after. I asked him where he had been to. He said he just got up out of bed. His wife had called him. He went home again to go to bed to wait until daylight. I did not see him again until sometime next day. Mr. Wilcox sent a man to call him in the morning and the messenger said he could get no sense into him. I heard that night by the French Crew when they came ashore with Wilcox that stuff had been stolen from the schooner. That was half past one o’clock. I heard that evening before I came here that goods were concealed in Samuel Hare’s store. I never heard of anywhere else I was not told who the thieves were. I never had any conversation with them first or last about the goods. I heard were concealed in Samuel Hare’s store. I heard Samuel Hare say today they were there. I heard George Gillam and Thomas Menchin say they were connected in stealing the goods.

Signed Wilson Vardy”

How do you plead?

The accused Samuel Hare, Edward Hare, George Gillam, Thomas Menchin, William Vardy Senior and William Vardy Junior were then ordered to stand up as the charge was set forth having been read to them. The court addressed each of the accused separately as follows:

“Before asking you whether you are guilty or not of the charge, I have to explain to you that you are not obliged to plead or answer but that if you plead guilty you will be dealt with summarily. If you do not plead or answer or plead not guilty you will be dealt with in the usual course. The meaning of being dealt with summarily is that I shall at once adjudge you to be imprisoned for a term not exceeding six months, and the meaning of being dealt with in the usual course is that you will be committed for trial by a jury at the next session of the Supreme Court in St. John’s. I must further state that you are obliged to say anything unless you desire to do so, but whatever you say will be taken down in writing and may be given in evidence of ?? for upon your trial and I give you clearly to understand that you have nothing to fear from any threat which may have been lied out so you to induce you to make any admission or confession of your guilt, but that whatsoever you say may be given in evidence against you upon your trial notwithstanding such promise or threat. I now ask you “Are you guilty or not of the charge?”

Whereupon

Samuel Hare pleaded “Guilty”

Edward Hare pleaded “Guilty”

George Gillam pleaded “Guilty”

Thomas Menchin pleaded “Guilty”

William Vardy Sr. pleaded “Guilty”

William Vardy Jr. pleaded “Guilty”

On each of the accused being asked “Have you any cause to show why judgement should not be passed upon you?”

Samuel Hare said “I am sorry I did it. My son Edward Hare who is also guilty with me was ordered by me to accompany me. He obliged and now stands convicted. I plead for the ?? of the court upon my son.”

George Gillam said “I have no excuse to make and no reason to put forth why judgement should not be passed upon me.”

Thomas Menchion said, “Bad example and evil persuadance caused me to go there. If I live I will never be placed in this position again.”

William Vardy Senior said “It was through my orders my son William Vardy Junior went. I am sorry for my ordering.”

The accused Samuel Hare, 46, married; William Vardy, widower; Thomas Menchin, 31, Married; and George Gillam, 21, single; were then addressed by the court upon the enormity of their offence and the disgrace they had brought upon their country, their families, and themselves and the court then sentenced each of the last above mentioned prisoners to four months imprisonment with hard labor in the Penitentiary St. John’s as the lock-up in Channel is not at all suitable for a lengthened incarceration, imprisonment in Channel being only to invite an attack of Diphtheria or other epidemic now prevalent in this community. The sentences in the case of the two other prisoners, Edward Hare and William Vardy Junior were deferred and the lads liberated for the present. Signed R. J. Squarey J.P.”

The accused fight back against the stipendiary magistrate

While imprisoned in Her Majesty’s Penitentiary in St. John’s far away from their south coast home, the prisoners realize they have been offered undue process and have done nothing wrong. They state as follows:

“We William Vardy, Samuel Hare, Thomas Menchions and George Gillam all of Channel in the Southern District Fishermen make oath and say as follows:

1. We are now confined in her Majesty’s Penitentiary under sentence of imprisonment for four calendar months, passed upon us by Mr. R. T Squarey Stipendiary Magistrate at Channel.
2. So far as we understand the offence of which were charged in that of

   

   larceny.

3. The facts and circumstances out of which the said charge arose are briefly as follows:
   1. On the night of Tuesday the 1th Sept last a French fishing schooner ran ashore in a heavy gale of wind at the entrance of the Harbor of Port au Basque.
   2. Upon her striking upon the rocks the Captain and crew immediately left her, without even lowering her sails which were left flying.
   3. Upon the men landing they were met by the said Samuel Hare and they informed him that the vessel was full of water that they had given up hope of getting her off or saving the property.
   4. They also informed said Hare that there was some fishing gear, viz. trawls on board, which be said Samuel Hare and any others who were with him were at liberty to take for themselves, if they choose to incur the danger of boarding the vessel.
   5.  The said Samuel Hare accordingly informed the other deponents and others, of what had been said to him and thereupon we proceeded to board the vessel which we succeeded in doing with considerable trouble and risk.
   6. We found the vessel apparently in a perilous condition so far as could be seen in the darkness of the night.
   7. We went into the cabin of the vessel and there we found the fishing gear described by the man of the crew and brought it on shore.
   8. The whole value of the gear so taken was not more than about 20 dollars.
   9. On the following day the Captain and crew having as we are informed abandoned the vessel she was taken charge of by the local magistrate and policeman acting as so are informed on behalf of the wreck commissioners for the district, who were absent. The said magistrate employed the people of the locality to get the vessel off the rocks which they succeeded in doing.
   10. The underwriters upon the vessel having by telegraph sent instructions to the effect that the vessel was to be taken to St. Pierre the Captain and crew again took charge of her but only after much objection on their part, and under fear of punishment if they persisted in refusing.
   11. On Tuesday the 29^th Sept the vessel left Channel bound for St. Pierre and on the same day she was sunk near Burnt Islands and became a total loss.
   12. From the time when we took the gear in question up to Tuesday the 22^nd Sept to claim or demand was made upon us by any person whomsoever for the said year nor was any complaint made against us for having taken it nor were we made aware in any way that we had done wrong nor were we charged with having done wrong in so taking or keeping the said gear.
   13. On Tuesday the 22^nd Sept the local policeman came up to us and demanded that the said gear should be delivered up to him. He led us to understand that we would be doing wrong in keeping the gear and advised us to give it up and further assured us that if we did so we would be clear of any further trouble or blame in the matter. We immediately and without resistance complied with the policeman’s demand and handed over to him the whole of the articles in question in the same condition as when taken from the vessel.
   14. Greatly to our astonishment we were then arrested charged with some offense of the precise nature of which we are not aware in relation to the said gear and were brought before Mr. Squarey the Magistrate at Channel for trial.
   15. The Magistrate having heard the statement of the policeman then stated that we could have the option of either being sent to the Supreme Court for trial or of being tried before him. He informed us that if we elected to go to the Supreme Court we would be sent to St. John’s and there kept in prison till the term of the Supreme Court waiting our trial. He did not inform us nor were we aware that in that vase we might be released upon giving bail for our appearance.
   16. We thereupon acting upon this information and decisions of avoiding the hardship and loss of being sent to St. John’s and further believing that the Magistrate upon hearing the whole case could not find us guilty of any criminal offence consented to the case being dealt with by him.
   17. Upon being asked whether we were guilty or not guilty we did not reply simply guilty but stated that we have taken the articles in question but did not state or admit that we have done so with any unlawful or felonious intent or purpose and we positively declare and state that the intention and meaning of our said admission was that we had taken the said articles but under the full belief that in so doing we were not guilty of any offence against the law, and we now say that in truth and in fact such was our belief and we ever and declare that we are not in law guilty of the offence which we understand to have been charged against us.

4. Three of the deponents have wives and families dependent upon them for support and one of them in sole support of an aged father.
5. If we have been guilty of any irregular or improper conduct in the matters in question which we deny we respectfully submit that we have been already severely punished therefor.

Sworn at St. John’s this 18^th day of October AD 1891 by the said William Vardy, Samuel Hare, Thomas Menchions and George Gillam. The same having been first read over and explained before me.

Signed Jos. F. Carty

Commt.

Signed William Vardy

Signed Samuel Hare

Signed Thomas Menchions (His Mark)

Signed George Gillam

The distinguished Judge Robert J. Pinsent sides with the prisoners

Upon reading the Affidavit of William Vardy, Samuel Hare, Thomas Menchions and George Gillam and upon hearing Mr. Morison of Counsel for them I do order that a writ of certiorari do issue to remove a complaint

against the said William Vardy, Samuel Hare, Thomas Menchions and George Gillam heard and determined before Robert T. Squarey Esquire Stipendiary Magistrate at Channel with all things touching the name into the Supreme Court unless cause to the contrary to shown before me in Chambers at the Court House in Saint John’s on Monday the 30^th day of November at 11 o’clock AM.

Dated at St. John’s this 17^th day of November 1891.

Signed Robert J. Pinsent On the motion of Mr. Morison for said parties.

Stipendiary Magistrate Robert T. Squarey fights back with a confession from Mark Childs – forced or genuine?

Next comes a letter in response to Judge Pinsent’s ruling from the stipendiary magistrate to A.J.W. McNeily.

“Herewith please find a copy of the records from the Magistrates office Channel in the case of the Queen vs. Vardy, Hare, Menchin, and Gillam now undergoing imprisonment for larceny and my report on the affidavit of the same parties in obedience to a writ of certiorari issued out of the Hon. the Supreme Court.

The order of His Lordship Sir. R. J. Pinsent D.C.L for certiorari was hawked around Channel for two days by the prisoners’ relations and exhibited and committed on by the public generally before I saw it.

Never having had anything to do with such a document before I did not know whether the above is the regular routine to be adopted in such cases. If so, I bow in meek submission but if not I would most respectfully request that you lay this communication before their lordships of the Supreme Court and I must humbly ask their lordships to save me from further insult in this matter.

In consequence of the time wasted during said exhibition of writ of certiorari I was unable for want of time to copy the records in full myself and got a friend to assist me who did make the copy as correctly as I should have desired. However, the errors consisted of only a few omissions which I have corrected.

Owing to the hurry in getting the record copies and my report ready for the mail last night I overlooked a circumstance relating to the prisoners from here now in the penitentiary which I think it is essential that their lordships should be informed.

About the 15^th of October last past Mark Childs, the man whose hand was shattered, and who was concerned in the plundering of the French Schooner Jeune Eugenie, sent for me. I saw Dr. MacGillvary and asked him whether the man was in a condition to receive me. The Dr. assured me that he was. However, I did not go to see the man then. About a week later, the policeman came for me again saying that the man Childs wanted to see me. This time I went to Childs’ house accompanied by Constable Wilcox.

On my arrival Childs said to me that he wished to make a confession of the whole affair. I warned him of the consequences and that all he said may be used against him. Notwithstanding my warning he still insisted on stating the manner in which he had been connected with the plundering.

I then told Childs that if he had determined on making a clean sweep of the whole affair. I would take his statement but that he would have to swear to it as I intended on taking it in the form of a deposition. This be cheerfully agreed to do. I now append a copy of the Deposition for the information of the judges of the Supreme Court.”

Mark Childs’ Confession

“Mark Childs of Channel aforesaid, fisherman maketh oath and saith “I was in bed when the French schooner, I don’t know her name, went ashore on the Eastern Baldwin. I was called out of bed by Thomas Menchin. I went on board of the French Schooner in company with them as Menchin, Samuel Hare, Edward Hare and George Gillam. We went in two boats. We, Thomas Menchin, Samuel Hare, Edward Hare, George Gillam, and myself took a lot of stuff from the French schooner and put it in our boats. We saw two other boats boarding the schooner as we were leaving. Could not see who were in the other boats. On our way in the other four landed me in Shark Cove and I came home from there over land. I do not know where the most valuable part of the stuff we took from the French schooner, as was hidden. Some was placed in Samuel Hare’s store. To the best of my knowledge and belief I saw two men in one of the boats and three men in the other boat that was boarding the French schooner as we were leaving. We boarded the French schooner and took the stuff between ten and eleven o’clock on the night the French schooner went on shore.

Signed Mark Childs (His Mark)”

Was this a forced confession to protect the reputation of Robert T. Squarey and the constables, we may never know but the timing of the confession along with the “omission” of it in the court documents seems peculiar.

Squarey attempts to debate the prisoners letter

Robert Squarey also includes with the Mark Childs confession statement a letter in which he attempts to dispute the prisoners claims. Dated November 26th 1891 he states as follows:

“May it please your lordships:

In obedience to a writ of certiorari issued out of the Supreme Court of Newfoundland and to me directed I have the honor of submitting for the information of your lordship a true copy of the record and my report on the late larceny case the subject matter of the affidavit present to his lordship. The Hon Sir. R. J. Pinsent by the prisoners William Vardy, Samuel Hare, Thomas Menchin, George Gillam now imprisoned in the Penitentiary St. John’s for plundering the French Schooner Jeune Eugenie of St. Pierre on the night of the Fifteenth September last past.

In order that your lordships may more speedily comprehend the whole affair I have taken the liberty numbering (in pencil) the paragraphs in the affidavit and will remember my replies to each paragraph in like manner.

The first five paragraphs are substantially correct and require no contradiction on my part.

Paragraphs 6 to 10 – until reading the petition presented to his Excellency the Governor by the prisoners now in the Penitentiary asking for their release and never hear one word of the statements now again made by the prisoner Samuel Hare. When Hare and the other prisoners pleaded “guilty” they did not add one single word to the plea but simply the word “guilty” and when they were asked by the court (myself) if they had any cause to show why sentence should not be passed or if they could give any explanation for their conduct or if they had any excuse to make for the course they had taken the only word Hare made use of were that he had compelled his son to accompany him and asked forgiveness for that son as far as was in my power I granted this request. William Vardy made the same request which was treated in like manner. Thomas Menchion said it was evil persuadance caused him to go there and George Gillam said he had no excuse to make.

11- the stolen property recovered by the Constable and all the stolen property was not recovered and which was found on Samuel Hare’s premises consisted of 17 dozen fishing lines (never used and still packed in a bale and about $4 per dozen), 3 coils of rope, 6 large fishing lines, 2 caddies of lard, 1 tub of butter, 2 cans powder, 17 boxes hooks (1 gross each), 10 coils small manill rope (never used), 1 cask brandy (about 15 gallons) 1 part cask of brandy (about 7 gallons in it when recovered), 1 tub lard, 1 masthead light, 1 hand plane, 1 can kero oil, 1- 50 package pork, 1 compass card, 1 line. And found concealed on the premises of William Vardy were 5 ash oars, 1 jar, 4 trawl lines, 3 sed lines, 2 bundles hooks, 1 piece of leather, 1 empty tub which Vardy’s daughter told the Constable had contained lard but that she had used the lard in cooking. The most of the articles so found were concealed under coal heaps, piles of fish, under the floors and between the ceiling of the houses and the pork was found in Samuel Hare’s stage in a punchevn covered over with herring.

Your lordships will be the best judges whether honest men having in their possession property to which they considered they had a moral if not a legal claim would go to all this trouble to make out a case against themselves even if none existed and whether the list of articles alone mentioned which according to the Captain’s list is not more than ¾ of the gross amount stolen is not of more value than twenty dollars.

12 & 13 – I hold a commission as notary public from his late Excellency Sir John Howley Glover and it was in such capacity. I was acting between owners and under?? both of whom telegraphed me placing their interest in my hands.

14 – The Master of the vessel took in charge again and left for St. Pierre at date mentioned in obedience to orders received from his owners who had arranged with the underwriters and taken the schooner back. The vessel was abandoned same day off Burnt Island but whether she was scuttled by the crew or not of course I cannot say. One thing I know, she was as tight and as seaworthy as could be expected when she was delivered up to the master.

The loss of the vessel took place some three days or so often the case was tried and the prisoners convicted and I cannot see any reason for connecting it with the present case.

15- The master made complaint to me the day after stranding of his vessel that she had been plundered and I at once instructed the constable to make a strict and speedy investigation which he commenced at once in a private and professional manner. Mrs. Hare, wife of the prisoner Samuel Hare called at my jute in company with her sister after her husband’s arrest and asked me to allow her husband to go free and told me that she had been missing her husband ever since the stuff was taken to deliver it up. She also told me she had used one tub of the butter but if I would say nothing she would try and get another and replace it.

Another man Mark Childs who was with the others when the vessel was plundered and whose right hand was shattered by the discharge of a gun two days before the prisoners were arrested and consequently could not be taken into custody with the rest. This man Childs sent for me and although warned by me in the usual manner made a confession of his guilt and further informed me that after the accident he sent for Hare and the others to come to his bedside and requested them to deliver up the plunder but that Hare and the others positively refused to do so and told him Childs, they would serve in gaul first – please see policeman’s affidavit marked “A.”

16- Please see policeman’s affidavit – marked “B.”

17-18- The words used by me were then prescribed by British Law as laid sworn in Stone’s Justice of the Peace and no other words but those written down were used by me. If the prisoners had pleaded “not guilty” it would have been my duty to commit them for trial and admit them by bail. I did not ask the prisoners to have the case tried before one at all. I simply carried out the law as it was laid down for me.

19- This paragraph is untrue. The prisoners did not consent to the case being tried before me and I again repeat I never asked them for such consent.

20- The case for the crown was concluded before the charge as set forth in the caption was read over to the prisoners for the search time and when asked if they were “guilty” or “not guilty” prisoners pleaded “guilty” and did not utter another word. The Court House was crowded at the time and affidavits can be forwarded from leading and responsible citizens to verify the statements I now make should your lordships so desire. I herewith enclose one affidavit marked “C.”

The remaining paragraphs do not I think call for any reply from me. May it please your lordships the foregoing is as truthful report of the case in question and in which case I tried to do my duty according to the evidence without fear or favor.

No exterminating circumstances of any description were put forward by the prisoners and it was a matter of extreme surprise to one when I received the petition presented to His Excellency the Governor by the prisoners in which petition the most barefaced untruths were stated.

I have been subjected to a merciless persecution from friends and relatives of the prisoners ever since the trial, but I fail to see how I would have acted otherwise than as I did, according to my oath.

I have the honor to be your lordship, Most Obedient Servant, R.T. Squarey J.P.”

Did the men do wrong in desperation or were they innocent and taken advantage of by law enforcement and magistrates?

Robert T. Squarey includes 3 affidavits from James H. Wilcox, John E Horman & John LeMoine as further evidence. He also reveals in his letter that the townspeople of Channel had been bothering him for some time about the arrest of their fellow citizens. In a community as small as Channel in 1891 it would have been difficult to escape the ire of family and friends of the accused. As families are left behind to fend for themselves as the main bread winner and strength of the household is taken from them for an extended period of time which could have been dangerous for those left behind in those days.

One must put themselves in the circumstances of the time and understand that those days were utterly desperate times. Fishing gear, provisions such as butter and lard and other materials were essential but hard to come by for poor families in rural Newfoundland. It is a well known rule that anything left unattended at sea was open for the taking. The men explained this in their letter to plead their case. Fearing all the precious materials would be lost the men risked their lives in a gale force wind to obtain what they could for the betterment of their families. Should they then have been prosecuted when the schooner didn’t get destroyed? It was later revealed that even though the schooner survived the storm, it and all the gear and provisions were lost near the Burnt Islands after departing Channel.

It is unclear if Pinsent’s release of the prisoners stood despite Squarey’s objections but with the lack of any further documents it is likely it did without further debate. Robert Thomas Squarey continued living amongst the men he prosecuted until his passing on February 13 1933 of dementia. One must wonder how the men greeted each other perhaps daily after feeling betrayed. Samuel Hare eventually moved with his wife Emily to Nova Scotia to the home of their son Rupert. It is said Samuel was a skilled craftsman. John William Vardy aka William Vardy JR. also settled in Nova Scotia still a young man. William Vardy Sr. stayed in Channel and continued to have children with his new wife he found after the skirmish until the age of 59. George Gillam passed away as a young man in 1907, but not before leaving two well liked sons at Channel. Thomas Menchions lived a long life and passed away at the age of 75 years old.