No. 128.
Mr. Fish to Sir Edward
Thornton.
Washington, November 2, 1876.
Sir: I have the honor to invite your attention to a case which has recently been reported to this Department by the consul of the United States at Victoria, British Columbia.
It appears that one Peter Martin, who is said to be a naturalized citizen of the United States, and formerly a resident of Washington Territory, was on the 6th of September last tried before the court of assize, held at Laketon, Cassiar, Province of British Columbia, upon true bills found by the grand jury, alleging assault upon an officer in the execution of his duty, prison breach, and escape from custody; he was found guilty and sentenced to fifteen months’ imprisonment in the jail at Victoria. The prisoner was in the custody of constables, and the route traveled through Alaska was by canoe, via the Stickine River.
On the 12th of September they made a landing at a point on that river, only a few miles from its mouth, within the Territory of Alaska, for the purpose of cooking food. While thus engaged the prisoner, although manacled, by some means obtained possession of a loaded shot gun and made a deadly assault upon Francis Beegan, one of the constables, at whose hands, it is alleged, the prisoner had suffered indignities. He was, however, overpowered, and at once conveyed to Wrangle Harbor, where he was placed on board the British steamer Grappler and taken to Victoria.
It further appears from what has been intimated to the consul that Martin will be fully committed for this assault, and that his case will be given to the grand jury, where a true bill will most likely be found against him, and that the case will then come up in the supreme court some time during the present month.
From the facts presented in this case, it is suggested that the person in question should not be tried for the offense with which he is charged, it having been committed, as is reported, within the jurisdiction of the United States, and that, such being the case, he should be set at liberty.
I will, therefore, thank you, at your earliest convenience, to call the attention of Her Majesty’s proper authorities to the matter, in order that a thorough examination of the facts in the case may be made.
I have the honor, &c.,