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IMAGE EVALUATION
TEST TARGET (MT-3)
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23 WEST MAIN STREET
WEBSTER, NY )4580
(716) 872-4503
L
signifie 'A SUIVRE ", le
symbole V signifie "FIN".
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illiistrent la mdthode.
ata
!lure.
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IX
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•L
A NARRATIVE ly;,^ >^ ,
1 •
OF THE CASE OF
v^
H H
\fS.
V
H
H
Y,
WHICH ORIOINATKO '
IN TIIK
FRAUD
or TU1-:
Former Savings Bank Agent at Annapolis,
AS.SlHTKli 11 V I UK
Wrongful Act of a Magistrath,
AMI U IIICII liKsn/l K!p jn
A StPnpi^c Miscarpiaoe of Jiisticc,
;:"- Ag SEE THE ?Am WITHIN STATED.
II A LI FAX. N'. S.:
•IAS. W. DOI.KV. PKINTKK. Jll li Kf\S',\ rf'K ST.
l.SMo.
/±
* - ^
^^\
A NARRATIVE
OF THE CBSE OF
V_^
H
H
vs. CHESLEY
WHICH ORIQINAI^ED
IN TUK
FRAUD
OK TUK
former Savings Bank Agent at Annapolis,
ASSISTED BY THE
Wrongful Act of a Magistrate,
AND WHICH RESULTED IN
eft, Strange Miscarpiage of Justice,
AS SEE THE FAm WITHIN STATED,
HALIFAX. N. S.:
JAS. W. DOLEY, PRINTER, '211 BRUNSWICK ST.
1895.
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fqe Q^ecn \is, (Jesle^,
A;i unfortHuaU Miscarriage of ynsfice, as is shewn by
the follawiug Abstract of Facts embodied in. the
Statutory Declaration of Defendant, which
facts are as foUoivs :
(1) H. Van Hlnicoui vns (Jovernnifnt Savings Bank
Officer at Annapolis, January 25th, 1881, and ha,l been so
and aKso Postmaster, during several previous yeais.
(2.) He persuaded defendant (Mr. Chesley) to consent
to being one of his sureties on his Uond to the Governnu-ut
to the extent of S500.00, Mr. Chesley innocently supposing
the office had bee.i regularly inspected as the law requires"
whereas it had not, and deialcations had been re-^ularly
going on ° /
(3.) Mr. Chesley consented to write his signature to a
blank form of Bond, which Van Blarcom placed before
hini, and also to a blank form of affidavit annexed to it
both docun.ents being valueless until the blanks were fille.l
in and he should affix a seal and also swear to the affidavit
annexed thereto.
(4.) Van Blarcom subsequently filled in the blank'
spaces in the blank form of Bond, and fraudulently inserted
a penalty of 82,000.00 instead of $500.00, and then pro-
cured his uncle, Laurence Delap, to execute the completed
paper as surety for $2,000.00, and executed the Bond
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liiiDsclf as fjiincipal oMi^'ur, pliiccd ncnls o]»|tOMitt' odoli
siguiitiirc, iiicluiliii^' Mr. (Ihi'slcy's, and tuuk tlic I'.ond so
coiiipleted to iMv. A. W. Curbitt, a iiini^'istratc, and inducod
liiiii to falsely certify tliat Mr. ('litssloy had sworn to the
alfidivit annex'!d to tlie Bond \>\ tliat means Mr. Chesh'y
was prevented inspection, and detection of the fraud.
(5.) Mr. Chesley never .saw either the Bond or AIH-
davit after tlie blnnk had heen filled in by Van lUaicom
until Van l')larconi absconded a fi'W months alterwartl, being
a defaulter to the aniuunt of .$ I3,{J(»{).{)() or thereabouts.
(6.) After \'au Blarcom had absconded, Mr (Ihesley
was called upon to i)ay the liovernmeut .$2,000.00, as being
the amount of penalty Van ISJaicoiii had fraudulently
inserted instead uf S;')00.00.
(7.) Mr. Chesley denied his liability, and fully ex-
plained the facts to the solicitor of the (iovernment, but
was nevertheless sued for the penalty of S2,000.00.
(8.) Mr. Chesley defended the action on several legal
grounds, and on trial of the cause liefure Hon. Justice
Weatherbe he obtained a judgment in his favor. Wliere-
upon tlie (Jovernment solicitor appealed to the full Bench
of the Supreme Court of Nova Scotia, and on argument of
said Appeal, Mr. Chesley again obtained a judgment in his
favor. .
{[).) The Government solicitor then appealed to the
Supreme Court at Ottawa, and on argument before said
Court, their Lordships admitted the legal grounds of Mr.
Chesley's defence, but discredited Mr. Chesley's uncon-
tradicted testimony which was true as the Holy Bible, that
when he simply placed his signature to a blank form of
Bond without a seal and a blank lorm of Affidavit annexed
to it, that he never saw either of the blank forms after the
blank spaces had been filled in, and was never asked, and
never did swear to the affidavit before Corbett, and only
s.^ - 3ti. T a=«a«E:Lj gnrira j « a ? . fgiir , iaT Mi
lournt.d ut tliu [rai.,1 piactictMl upon him in Loth pailicnlai-H
niter Van iJIaroon. had al.scun.hMl, u short time aflcMwaid.
(1".) Alter thn appeal to Ottawa, Mr ("hesley com-
plained to the th.ui Minister of .luHtice, the hite lan.eiited
Sir John rhonipson. n-ain.«t being persecuted as lie had
been, an.l ,n-ed him to direct the appeal to Ottawa to be
withdmwu, whereupon Sir John declared to Mr. Chesley on
two several occasions, '-that he would not bo called upon to
''pay any amount if the Government recovered on the
I' appeal to Ottawa: thf.t the object of the appeal was to
"obtain the views of the Court on the .piestion of the
" sealing of lionds to the Government." liesidos Sir John's
pledges to Mr Chesley personally, he declared to one, if
not more, uf Mr. Chesley's friends, after Government had
obtained a judgment at Ottawa, that the judgment wo.il.l
never be exacted ; as, see Mr. Stewart Tremaines'
Declaration. And Mr. Chesley ren)arli.sou he was never asked to
pay any portion of said judgment.
(11.) Since the decease of Sir John Thompson. Mr.
Chesley has applied by Petition, with a Statutory Declare
atiou of all the facts annexed, to Mis Excellency in Council
to be formally released from liability under the unfortunate
judgment, which Petition and Declaration of facts an-
» eing submitted to Sir C. H. Tupper, the successor of Sir
John m the office of Minister of Justice, he has reported to
His Excellency in Council that no Parliamentary authority
exists to authorise the granting of Mr. Chesley's application
to be formally released from liability, and conseciuently Jlr.
Chesley's application has been refused. Wherefore he will
be compelled to formally appeal to Parliament for such
action as may seem proper to meet his case.
(12.) It has unfortunately occurred that Mr. Chesley's
distressing position has been enhanced since the failure "of
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his ftppliciition to (tovurminMit for n^licit', by the issiio id' mu
execution ni^iiitist his property, for the sum of ."J.'J.nOO 00
iiiul !i levy iiKuh) nmhM' it by thd shiM-ilf — Ihit he is reasoii-
iibly yniteful for the kindly iKUion of tlm Hon Kiumice
Minister, ])y directing a stay of procctedings for the prt'sciit,
nieiining, that time will be f^ivjsn him to senk the authority
of I'lirliameut at its next sittinj,' lor their vi(!\vs touchin<,' his
unfortunate position, which tlircateUH his financial luin, as
his property consists chielly of K'eal Estate, the marketable
value of which is ruinously low at the present time
[OOPY."] .
C(>i>!i (// Doi'niiicnlK (inuitxcil to Mr. f'/tcsli'i/'n Petitiini, to
I lift Kxcelleiwy in Council — incliidiui/ his Statutonj
DeclaratinH of facta and tlie Declaration of Stawart
Treiiiaine : '
We, whose names are hereto allixed, take great pleasure
in certifying that we have personally known T. W Cheslny,
Ksc]., of CJranvillc. Annapolis Co, for inany years and
willingly give our testimony to his guo)Rmick, J. P.
John I.. Cox, J. P
E. DoDOR, Post-Master, l>ridgetowu.
((
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nuiltvr of thr
KuH—Tlie Quf'fu vx. Thomas W. CltMleij.
And in tin' indtter of the. judf/wrnt ohtaincd hij ),hiintiff on
appeal from the jnd,jmmt of the Suprcwe Court of
Nova ScoHa i\ hanco in favor of defendant.
1, Thonm.s W. Chnsley, of Granville, in the County of
Annapoli.s, HurriHter, anfl the dofendant in [])(> ahove named
suit, do make the following statements and declarations of
facts under the provisions of the Statute of (^inada,
intituled, " An act for the suppression of voluntary and
extra-judicial oaths," and I do herehy solemnly declare that
all the facts and statements which I shall hereinafter make
ftre strictly true and correct in fact and substance according
to my best knowledge and belief.
(1.) Having denied my liability to pay the amount of
penalty of $2,000.00 fraudently set out in the Pond which
formed the sul)ject of aforementioned suit, an action was
instituted against me in the Supreme Court of this Province
by Wallace Graham, Esq., then agent of the Minister of
Justice of this Dominion.
(2.) That r defended the said action, which was -Inly
tried at Halifax before Honourable Justice Weatherbo, and
notwithstanding a plea of negligence, by the Savings Bank
department not having inspected Van Blarcom's office as
the law required, (and I consequently being deceived as to
the faithful discharge of his duties,) my plea was set aside
on the technical ground that the Queen could not be charged
with negligence, I obtained a judgment in my favour on
other grounds of defence,
(3.) That said Mr. Graham perfected an appeal against
said judgment to the Supreme Court of Nova Scotia inhanco
and on the argument of said appeal it was dismissed, and a
second judgment given in my favor.
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(4) Tliat siiid Mr. Oraliaii- sukseciueutly perfected an
appeal from tlie jiidginent roudered in my favor by said
Supreme Court of Nova Scotia sitting in hap'o to the
Supreme Court at Ottawa.
(5.) That I then sought the interposition of the late
lamented Sir John Tliompsun to in^""pose his authority as
Minister of Justice against any farther persecution of myself,
and personally met him at the Railway Station in Halifax,
and in the course of an interview, he, Sir John, being fully
aware of tiio frauds which had been practiced on nie in
relation to tiie JJond itself, and in relation to the a.i.chivit
annexed to it by two of the officers of the Government — the
Van Blarcom's Savings P.ank Agent and A. W. Corbett
who had befiome Post-master of Anna])olis, he said to me the
following words ov words of 'Jie same import: "I intend,
Mr. (.Miesloy, that you shall be pei'sonally protectod, but we
wish to obtain the judgment of the Court on the question
raised in relation to the seals in view of the numerous out-
standing bonds to the Government of Pid)lic Officers."
(G.f 'J'ha^ {)revious to the said appeal coming on for
argument I w..3 in Ottawa, and with Sir John in his office,
and again pressed my desire that said appeal should not be
pressed to argument, and urged the expense and loss of time
if I was comjiclled to go up to Ottawa to argue the appeal.
Sir John then again reiterated his pledge to me that I
• would be personally protected, and addressed to me the
following exact words: "Mr. Chesley the argument of the
appcT,l here won't affect you in the least, only, if you can't
attend the argument yourself you will have to be at the
expense of emjdoyiug counsel. If the appeal is sustained
you will have nothing to pay ; and if the appeal is not
sustained you will get all your costs "
(7.) That I was prevented from illness from going up
to Ottawa, and was obliged to retain counsel. Unfortunately
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i>oto„e„f ,l,ei,. I.o,J.hi|„, wl,„ „,t „„ 4,,^ ,„„„,, „^ j
venly hel,„vv, had ,,.,e least kn„„.ie.l«„ „f ^^ p ;,^ ,,,
ci,an,cto,. either p.„fe„.-o„„.,, „,■ ,Zo..n^, 'Styl
« ..,,ce to tl,eh. Lo,.J.I,i,,. ,„,,li„,,ed j„d,,„Lt toud ,„!
the ca»e I have the cruel ,„c„lilication to lea, „ t'at , v
n.eom,.adjct„d te,t,„,.„, „„ t„e tHal ,va, total,, Li
h.y the,, I.o,,l»h,p,, ami „,, , eo„..,,ue„ce the appeal was
»u.ta,„ed, the .p,d,.„,.ut» of both co,.,,, i„ ,„, Ji ,„ „;
nat,ve p,.ov,„ce reveled, and a final j„dg„,e„t p,ououuced
"ga.mt ,„e to,. 82,000 0„ „„,, e„,j, \,^^J ^^ «
u,,oo„t,adic,ed ,e.t,„,ou.y at the „. ,, l,„,„ ,,, '...j^j .J
2,1"™,'!"," ^'f'^'yr'"' " ''°- "I'l^™- ">"' "-
tn to f absence of seals and the fo.ged ju.at to the
Ihged alhdav.t annexed to the alleged bond 1 „,„ ,„ l„
the l,nfavo,ablc ,csi,lt of il.„
driven t„ ,1 , '"g'naent ,u my absence,
,tl, f rT'; '"™ "'"' "'" --'"'"«-» connected
a „u .,en , as 1 obscve on reading over the published j„d...
so, one or n.o. of their Lordships. His l.or.lsb.;
u» ce Strong sa,s ,n his judgn.ent :-" I |„oc„ed enli,.elv
""the we,ght of .esti,„.n, » . . ,h„ ,„e,e denial and
statonients of the defpnn.,i,f iU * • ^^uuu ana
out tl.P I.. ^^ttn«.'"t, tho party interested, ami witli-
out tlie Jeast oircui.Kstanco confinmug it * * * >. ^^^^
>^is Lordship Justice Gvvvnne ^w* • « v 1,1
.iio.edhi.on i. ,..?,:,:- ^^
. afte I had placed n,y signature to the blank form of a
oud) I can entertam no doubt that Van Blarcon. had in
the n.eantnne filled in the blanks in th^ instrument and
made it perfect." * * ^ rr,- t ,„, , , . , ^'-"^n'^nt and
sov«. <'tu c^ ^^''^ -t'"'<1ship Justice Patterson
r*~ ^^] ^''''''' ^«'1"'^^^1 tJ^« I'ond to be proved
of justification in the form given * * * a Deed executed
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with 1)liinks loft for nia'fiiial facts wliicli are afievwaid lillcd
up by an agent whoso authority has not been conferred by
Deed ia void * * * negligence alone although it may
have alforded an opportunity for the jjerpretation of a
forgery * * * is not of itself a ground of estoppel. It
therefore seems clear beyond doubt that my counsel failed
to levert to the following circumstances con^>letely con-
firmii*ory of my testimony : — 1st, The perfected instrument
bears the proper signatures of Van Blarcom and Delap above
my own. 2ud, Seals are placed opposite oach signature.
3rd, The blanks are all filled out. 4th, The blanks are
filled out perfectly. 5th, The jurat perfected by filling in
the blank spaces. Gth, Corbitt's signature is placed at the
foot of the jurat alleging the affidavit was sworn to before
him by me January "iSth, 1881. 7th, The date of both
bond and jurat are identical. 8th, Delap the surety whose
residence was at least half a mile distant had been found
and put his signature with Van TUarcom's to the bond.
9th, And seals affixed opposite all the sitrnatures. If my
testimony at the trial to the effect that when I placed my
bold signature to the papeis both bond and affidavit, none
of the blanks were written in and no signatures uf either
Van Blarcom or Delap were on the instrument, nor any
seals on it, was not true, all the aforementioned acts and
things above enumerated must have been done and performed,
and also Covbitt visited by me and my affidavit sworn to
within the brief space of a few minutes which elapsed from
the placing of my signature to the blank bond and blank
affidavit, and Van Blarcom and myself crossing from Van
Blarcom's place to the train on which I was going to my
home after acknowledging my signature before Hall, who
was on the steps of the postal car. Or as it is correctly put
by His Lordship Justice Gwynne " Van Blarcom followed
him (meaning myself) imnuKliately to the train," after I had
Ji
1
m\ filled
'erred by
it iiiiiy
un of a
|)pel. It
sf'l failed
;ely con-
strunient
lap above
liguature.
Innks are
fillin;:,' in
id at the
to before
I of both
ty whose
eu found
le bond.
If my
Inced my
/it, none
of either
nor any
acts and
r formed,
sworn to
sed from
id blank
rom Van
3"; to my
all, who
ictly put
followed
'ter I had
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rS-i^ '■"''' ■^'«"'"'''™- -» '^ k „„„„,,„„, „
wo.il,l have been i„,p„s,il,|, ' " "''" '"" "'^P"
1 '° "»
(4 ) That during the evening previous to the said 2r,th
^ f
1-2
and blank form of affulavil, and asked nu; tu i>ut my signa-
ture to each vvliich I did liuriiedly, and at once crossed the
square or street to the train. Van P)h\rconi iol lowed nie,
and we each met at, the stoj'S of the j)ostal car, when Van
Blarcom «aid thai my signature ought to be \vitne.«sed, and
called one Hall, a postal clerk, to the steps, Van Blarcom
having the paper in his hand. I simply said, "t^at iy my
signature, Mr. Hall. " and went immediately homewaid by
the train to Bridgetown.
(5.) That when I referred to my sianature, and said to
Mr. Hall "that is my signature," no seals were on the
paper nor the signature of Van Blarcom or Delap as now.
(6.) That when 1 put my signature to the blank form
of bond and the blank form of affidavit, 1 knew 1 would be
safe from any fraud on me in filling out the blanks, as I
would have inspection, when 1 was called or to swear to the
affidavit annexed to the bond, and moreover Van Blarcom's
character ibr honest and fair dealing was without a stain or
sus|)icion so far as I am informed, up to the day he
absconded. Unfortunately 1 was the subject of the sanie
delusion as one at least of their Lordships who decided the
case against me, viz. I supposed, as His Lordship puts the
case, that no magistrate would dare to forge the jurat to an
affidavit as it is a criminal ofl'euce. Therefore I have
suffered by the delusion common to His Lordship and
myself.
(7.) That I was never requested to swear to the affidavit
1 had signed, before any blanks were filled in, and I never
did swear to any affidavit before Corbitt in connection with
said bond, and I never did for a considerable time previously
to said transactions, nor for a considerable time afterward
have any friendly or business transactions with Mr. Corbitt,
the relations between him and myself being decidedly
unfriendly, the result of a bitter and acrimonious newspaper
controversv.
J
xll
{
r.i
ssed tilt*.
wed me,
hen Van
scd, and
lUaiconi
it iy niy
swaid by
d said to
) on the
s now.
nk foim
vould be
ikw, as I
sav to the
^^larcoui's
1 stain or
day he
the same
;ided the
puts the
rat to an
1 have
ship and
3 affidavit
i I never
,iou witli
reviously
afterward
'. Corbitt,
rlecidedly
evvspaper
(8.) That IVnni the moment of the aokuovvliHlf^ement of
my signature befuro Hall. I never saw or hoard of the bond
in question till after Van lilareom had absconded (1 think
in April, 1881,) and Mr. Anderson of the Sanngs Hank
department who had come to Annapolis, did at my'' request
l)ruciire it from Ottawa, and e.xhibited it to me.
(!).) That Van Biarcom, when he presented the blank-
form of bund with a blank form ui afh.lavit annexed, and
simply ai.ked nu; to [.ut my name to them, he alleged for a
reason, "that it would .save time as I was usually in a hurry
when J was in Annaj^ulis, that he would fill it in correctly,
and 1 would only hv. detained to swear to the affidavit.
(Sgd.) T. W. CIIKSLEY.
1, Thomas W. Chesley, do solemnly declare that all the
facts and statements written and .set forth in the foregoing
writing, and to which my proper signatuie is affixed^ are
true and coirect according to my best knowledge and belief,
and I make the solemn declaration con.scientiously believing
the same to be true, and knowing that it is of the same force
and effect as if made under oath and by virtue of the Canada
Evidence Act of 1893.
(Sgd) JOHN L. COX,
^ Oummmsi(j?ier of t/ie jSiipreme Coi/ri
for the County of Annapolis.
Supi>lementary Declaration of facts submitted to the
Government touching Mr. Cheslefs ajjplicatwn for
relief.
IX THE MATTER OF THE JUDGMENT OF THE
QUEEN vs. CHESLEY.
I, Thomas W Chesley, of Bridgetown, in the County of
Annapolis, the defendant in above cause, do make the
following declaration of facts touching the evidence -iven at
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llii! tiiiil Ijiiluii' HulioiiihJo Justice \\'<';itli('il)(.f hy llici Iwo
piincipal vvitu esses, .Siinmel Ilnll jind A. W . ("ovliitt. I
(IccIiiK! tliat 8ai(l .Samuel Hall calleci to luovc tlic s-iguing of
tlit^ allef,nMl bolid liy (leronilant did icjiisc to suciir there was
any SI ;d opposite dofoudaiit'.s siiigiiatiiic wlu'U lie witnessed
the instiuinent..
I further declare that I was present at the trial of t-aid
caus(!, and took down at the trial iniui'tes of tlu; evidence
given by A. W. t'orbitt who was called to prove that
defendant swore to the aMidavit annexed to the bund belore
him — That 1 took down at the time the evidence of Corbitt
— That 1 have preserved the minutes of ('orbitt on his
cross-examination and 1 now have beiure me my original
minutes, and I declare that said Corbitt did on his cross-
examination utter the following word, or words of the same
import and elfect : — "1 have no recollection of any par-
ticulars — 1 sign many affidavits — Sometimes they acknow-
ledge their signatures and 1 sign— 1 know Uhesley's writing
— 1 would sign if I knew the signature — 1 may have done
wrong — Some J would swear and some I would not — If a
piofessional man told me it was all right I would sign.
I declare that Samuel Hall swore to the following or
words of like import : — " 1 must have been present and
witnessed nUjnature — 1 can't call to mind circumstances —
Can't recollect when I witnessed Chesley's name.
I declare that I swore on the trial that I put no seal
opposite my bare signature. I also swore that 1 was never
before A. W. Corbitt to swear to the affidavit, as is stated in
the jurat to it and signed A. W. Corbitt, J. P., below it.
(Sgd.) T. W . CHESLEY. .
Declared to according to the provisions of the Canada
evidence act of 1893.
;
r
}• till! (wo
'ovl)itt. I
signing of
r t lifi'c WHS
u itnossc'd
iiil uf fniil
('. evidence
)iove thiit
jud bul'uie
of Corbitt
litt on his
ly oiiginul
1 lii.s cross-
if the same
any par-
y acknow-
y's writing
have done
not — If a
«ign.
llowing or
resent and
nistauces —
)Ut no seal
'. was never
is stated in
elow it.
5LEY. s
ihe Canada
lo
I. Stuart Tremain, of Halifax, in the Countv of Hah-fax
ubacco manufacturer, do sole.nnly declare th;t 1 had th,:
honour of a personal ac,uaintance with the hUe HonorabU;
"|> to Ills lanieuted decense ;
That 1 have lo,' „anj.' yi,„-« past „„.iov,",l a |,„,s„„.,|
"' I - I'ouuty of A„„.,|,„|i,., nam-.,,.,. a,.|aw ■ ° '
,, "'"' ' ;™ '"'■>" '1 "-I II,.. GovenM„..„t .,r the
I'loMl.l. amount ag st ,h„ ,.,,,1 M,-. (;i,„,|„, „„, j .
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To the Honorable the Speaker and Honorable Members of the
House of Commons of Canada :
■\
The Petition of Thomas W. Chesley, of Granville, in the County of n
Annapolis, Nova Scotia, Barrister-at-Law, respectfully sheweth A
to your Honorable House as follows :
1. That a iudarnent of two thousand (loMurH, imd costs to the ainouiit of six liiindrod dollars, in favor ^
of the Governnient was several years ago entered aj^ainst your Honors' petitioner, on a fraudulent ^'
Bond to the Government, the penalty of which the late lamented Sir John Thompson, knowing the w^^
facts, did on two several occasionK, as Minister of Justice, declare to your pctitioncir that ho would ^ ^\
never he called upon to pay, hut which said judgment is up to this time a ruinous oncuud)rane on ^ ^W
petitioner's real estate. vv4j«^
2. That up to the lamented decease of Sir John his pledge was invioluhly kept, and petitioner was never^ ^
asked to pay a dollar. '^^^ " >!
3. That since the (lecoase of Sir John, petitioner made a formal application to His Excelhmcy-in-Council \ i^*^
to be formally released from liahility, anil Ills real estate released trom tne encumorance oi saiu z "^ ^
judgment. ^ | ^
4. That petitioner's application has been refused, on the sole ground of the report of the present Honorable vx "^ ^
Minister of Justice, " that no Parliamentary authority exists to authorise the granting of petitioner's y^^ p:
application," wdiereforo petitioner is driven to the course of petitioning your Honorable House,
the interest of common justice toward petitioner, for relief by such action of your Parliament as
may seem ui'te to etl'ect the relief for which petitioner prays.
5. The singular t , ,iin of facts and circumstances which have resulted in the threatened financial ruin of
your Honors' petitioner at the advanced of eighty -one years and his wife at the oge of seventy-seven
years, and a recently issued execution by a Government .solicitor for the sum of three thousand and
five hundred doihii-s or thereabouts, in the hands of the .sheritl" pending the action of your Honorable^ ^^
House, are briefiy as foUyws, and to which petitioner craves the kind consideration of 3our Honors' r^
Parliament: — \'
1. That on or about the 21st day of January, 1881, j'our petitioner was solicited by H. D. Van Blarcom, ^
then Savings Bank Officer at Armapolis, and also Po,st-niaster, to consent to be a surety on his bond to -^ ^ -
the Government to the extent of five hundred dollars only, which petitioner consented to do| on j''\|^ \
the mistaken and erroneous belief that Van Blarcom's Savings Bank accounts and the riicords of his ^ \ ^^ T^
office had been regularly inspected as the law required, and the administration of "his office correctA ,n V ^
and no defalcations existing.', <3^V ^/A^- 'U ^i^tn^aui^ ^12't.^c^^^j^ J^ />a . >?, ^ .y^f^^^y /t ^ V^ ^
2. That Van Blarcom thereupon produced a blank form of bond with a blank form of affidavit annexed to
it, and solicited petitioner to simply place his .signature to each, which he did, but affixed no seal to
the bond, knowing that both papers were legally void, until he affixed his seal to the bond or
authorised it to be done, and sworn to the truth of the affidavit of justification after the blanks
were filled in.
3. That within the space of a few minutes thereafter, and the blanks not written in and no seals
affixed nor Van Blarcom's or Delap's .signatures on the paper, I simply acknowledged my signature
before Samuel Hall a post clerk as a witness, saying: " Mr. Hall that is \\\y signature," and at once
took passage on the train for niy home 18 miles away.
4. That your Honors's petition never saw either of the said papers afterwards, until aV)out three months
thereafter, Van Blarconj having absconded a defaulter for about thirteen thousand dollars as Mr.
Anderson of the head office informed me when the bond in a completed state was .shown me with
the signatures of Laurence Delap and Van Blarcom to it, and a seal opposite each signature including
my own, with the affidavit I had .signed in blank properly filled out, including the jurat, and the
signature of A. W. Corbiti .i magistrate affixed to the jurat, falsely certifying petitioner had sworn
to it before him, which deceptive act of Corbitt enabled Van Blarcom to prevent petitioner detecting
his fraud in filling out the blank form of bond with a penalty of $2,000.00.
5. That on being called upon to pay the fraudulent penalty, petitioner denied liability, was sued for it,
defended the action, recovered judgment on the trial, and likewise on the argument of the appeal
taken out bj- the Government solicitor to the Supreme Court of this Province sitting in banco, when
he again recovered judgment.
ifii
0. Jl.at an appeal was t hon taken out l.y tl.., (jov„nnnont solioitor to tl.n Snpro.no Convl at Ottawa an.l
^^^^ bo.„^ prevented by dckne.. fron. attending, the ar^Munent .,f tlm npp.-al personally, an.l liein-^
personally unknown by any of their Lor.lships. the .Tu.lge'H petitioner suflere.! the ruinous inj„stic.:
o Ins personal testnuony ben., .lisere.lite.l an.l of having a ju.l.n.ent entere.l against bin. fo, the full
amoun tot the Irau.lnlent penalty of !J2,0()().()() ,„„1 nl.out *(i()0.()() for costs, an.l on the sole «roun.l
P^'t.t.o„ers testuMony b.-in^. .Iisbeli..ve.l. an.l whieh t.-stin.ony was un..,Mtra.i:et...l .-ither by Mnll
or Corb.tt the phunt.ff s witn.-sses ; Hall bein^ ea I to prove the si^nin, .>n.l ...Ih,, of th.: bond.
and Corb.tt to prove that petition, r swore to the affi.javit of justiHcaf.ion b..fore bin, "
7. J ha your Mon.,rs w.ll I .loubt not, elearly apprehen.l the injustice of which petitionercon.plains fron.
te fo.eKon.. narrat.ve o tacts: M...innin. with a vile frau.l of a (Jovermnent officer, ai.le.l In his
t.aud by a weak-nnn.le. and thoughtless n.a.istrat.. who fals..|y endorsed th.. udidavit of justi-
hcat.on annexe.1 to the alleged bond a.s sworn to bef..re hi,,., and the.-el.v p,-ev.,ntin.r petiti.'L.-'s
..spect.onot he paper as .t can.e fron. Van Bhu-con.'s h,;n.l. a,..l the liti^-.tion whi.-h ter.,.inat..d
in the ieve.-sa ot wo successive .,ud^M„e,.tH in his favor in the Courts of his own P,-ovince an.l h
jud«,,...ntrende..ulag.u..stld,..at()ttawaf..rthef..u^lul..ntp.^^^ of two thousand ,lollu,-s an.l
upwa,-d ot s>x hun.l.-e.l .lollars costs, besi.les his expen.litu.-e of about sev..,. hun.I.vd .lolla.s on his
de ence a«an.st a n.onst,-ous fraud by an officer of the aove,-nn,e„t. an.l cul.ninatin. in petitioner's '
babd.ty upon a hnanca ly rui,.ous ju,I«„.ent against hi.u presenting the uni.jue cha.-acteristic of
being unsustauied by either Law or Fact. "-sni- ut
Your Hono,-s' petitioner therefore prays, that Parliament will accord to his case, in view of the
tacts embodied n, h.s petition, its most favourable consi.le,-ation. and to indicate .such course as will
relieve him t,-om an unjust liability and Hnancial ruin at the near close of his long life.
And as in duty bound will ever pray, &c.,
Granville, Co. Annapolis. l
Nova Scotia, December, 1895. j
THOMAS WILLAK'J CllESLEY.
Pl^l ^. Jf ■(«,