Alia Johnson L

Naming Initiative for Begbie Green Appendix C: Correspondence received

Alia Johnson

From: Gerald Harris personal information Sent: Saturday, June 4, 2016 12:08 PM To: Alia Johnson Cc: Monica Dhawan; Brian McKee; Betty Thacker; Betty Honsinger; Soren Henrich; Denis Fading; Marie Kelly Subject: Re: City of Victoria: Name that Park! Working Group Attachments: New park for North Jubilee statement.docx

Follow Up Flag: Follow up Flag Status: Completed

Dear Alia,

Thank you for inviting us to participate in the working group. We appreciate the invitation and do wish to participate.

We are wondering where the "Name That Park" initiative is coming from, since we have not heard anyone locally advocating a new name for Begbie Green, and anyone we have talked to is happy with the present name. Our representative on the the working group will be most interested to see if there is indeed local support for changing the name, or for a particular name.

We are clear that we prefer the the green to remain a "green", rather than becoming a "park". Our advocacy and efforts have been for renewal of Begbie Green. Our celebration on June 11th is for the renewed Begbie Green. We do not consider that our neighbourhood has new park, though we recognize with appreciation that the greenspace at Begbie Green has been enlarged.

The "Park" that we wish to take part in naming is the new park along Richmond Road between Kings and Newton. See the attached statement by the North Jubilee Neighbourhood Association Board. In declaring our old Begbie Green a new park, we would would fear that the City might consider its park-making in our neighbourhood complete for the present.

I will be leaving town for a couple weeks, and our group will provide another correspondent in my absence. Also, our group has joined with the Greenspace Committee of the North Jubilee Neighbourhood Association, so we are able to speak for the neighbourhood Greenspace Committee.

Best regards,

Gerald

On 2016-06-02, 2:29 PM, "Alia Johnson" wrote:

Dear Begbie Green Neighbours Group:

Last year, the City of Victoria worked with local residents to renew the community green space located at the intersection of Shelbourne, Pembroke, and Begbie Streets in the North Jubilee Neighbourhood l Naming Initiative for Begbie Green Appendix C: Correspondence received

North Jubilee Neighbourhood Association advocates for a park along the west side of Richmond Road between Newton and Kings, that daylights Bowker Creek, and which respects and renews the spirit of the Spirit Garden.

Victoria's Official Community Plan proposes a new park at this location, and park space is needed for North Jubilee. Among the neighbourhoods of Victoria, we notably lack public park area and facilities.

The Bowker Creek Blueprint, endorsed by the City of Victoria, suggests daylighting Bowker Creek between Newton and Kings. Besides providing a beautiful nature focus for the park, daylighting the creek would assist the City's adaptation to climate change, as outlined in the Blueprint.

The existing Spirit Garden at the site of the new park is loved by local people, and is part of our Neighbourhood identity. The park can be a means of renewing and extending our engagement with the Spirit Garden. As City and Neighbourhood work together in planning and development, we can create a new vision for sustainable community involvement. Naming Initiative for Begbie Green Appendix C: Correspondence received

Alia Johnson

From: Citizen Engagement Sent: Monday, June 20, 2016 2:45 PM To: Monica Dhawan Subject: FW: Name that Green

Original Message From: Denis Farling [mailto: personal information j Sent: Monday, June 20, 2016 2:42 PM To: Citizen Engagement Subject: Name that Green

I am a neighbour to the currently named Begbie Green and I am NOT in favour of changing the name.

I would like to know why time and money is being spent on this initiative. Had it come up at the time of the changes that were being made to the Green at least it would have been considered part of that process and the costs would have been less.

It seems to be a perfectly reasonable name for a Green that abuts Begbie Street.

I heard some people expressing concern that Judge Begbie was the "hanging judge", which in fact all judges were at the time, however apparently the label arose out of a misunderstanding. Apparently he was definitely known as the "haranguing judge" as he always gave the accused a stern and sometimes long lecture before he pronounced a sentence on the convicted. The story goes that the confusion of the two was due to an error made by a journalist in Barkerville and it stuck.

Considering that Judge Begbie was in fact one of the first in the judiciary to stand up for minorities at a time when they effectively had no rights, is in my opinion reason enough to be OK with the name remaining.

The further fact that almost singlehandedly Judge Begbie was responsible for instituting the rule of law in the colony and later the province at a time when things were pretty chaotic and the territory was under pressure from the Americans, seems like a good enough reason to keep the Green named as it is.

I hope the name doesn't change.

Sincerely,

Denis Farling

personal _ . . _ information Begbie Street

1 Naming Initiative for Begbie Green Appendix C: Correspondence received

Alia Johnson

From: Citizen Engagement Sent: Monday, June 27, 2016 9:07 AM To: Monica Dhawan Subject: FW: Bowker Green naming...

From: Kathrynn Foster [mailto: personal information Sent: Saturday, June 25, 2016 11:12 AM To: Citizen Engagement Subject: Bowker Green naming...

Hi there,

A wish to upgrade Begbie Green has been part of our neighbourhood plan for over 20 years. Neighbours have always referred to it as Begbie Green and that is exactly what it feels like to us. While we are happy the upgrade has finally occurred, we see no need to change the name of a place that has been waiting to come into its own identity for decades. The time and resources required for a naming contest could be better put to use in plant material or an upkeep plan for the physical needs of this green space into the future.

Please leave the name alone! fcatkrynr, Foster North Jubilee resident personal information

l Naming Initiative for Begbie Green Appendix C: Correspondence received

Alia Johnson

From: Soren Henrich < Personal information > Sent: Tuesday, July 5, 2016 4:42 PM To: Alia Johnson Cc: Denis Fading; Brian McKee; Betty Honsinger; Betty Thacker; Alexandra Lane; Marie Kelly; Patrick May; Janice Stewart Subject: City of Victoria: Name this Green! Working Group Attachments: Notes on Judge Begbie.docx

Hi Alia,

The CoV Council led the initiative requesting alternate names for the newly-renovated green space at the intersection of Begbie, Pembroke, Ashgrove and Shelbourne Streets, primarily known and recognized as Begbie Green by the neighbours.

The green space and Begbie street are presumably named after Sir Matthew Bailie Begbie. The article and attached research file below, give some information about him. It appears the derisive moniker, 'the Hanging Judge,' is a misnomer.

Kindest regards,

Soren Henrich North Jubilee neighbour for the North Jubilee Green Space Committee

Thanks to Denis and Betty for the research.

• In 1860, Begbie found a white Californian man by the name of William Marshall guilty of assaulting a First Nations man based only on the testimony of First Nations people, the first time this had ever occurred. He spoke several languages and is said to have been able to conduct trials in several aboriginal languages without the use of an interpreter. He also allowed people of other cultures to swear an oath of truth on an object sacred to them in place of the Bible.

• Judge Begbie, conversant in four different aboriginal BC languages, had a real heart for the First Nations people whom he praised as 'a race of laborious independent workers.' Begbie also advocated for the Chinese miners who often suffered from racism. He was concerned that legal justice be fair and speedy, regardless of race, colour, or wealth. Begbie was known as 'the salvation of the Cariboo and the terror of rowdies.' Fellow pioneers agreed that Judge Begbie was 'just the man for a new country'. "My hair is white, but my hand is strong, and my heart is not weak. If I punish only a little," said Begbie, "it is not because I am weak, nor because I am afraid, but because I wish to change your hearts." (attributed to Rev Ed Hird St Simon's Anglican Church North Vancouver)

l Naming Initiative for Begbie Green Appendix C: Correspondence received

The Haranguing Judge - The Tale Of Matthew Baillie Begbie By Norman K Archer

Senior Living Magazine

Don't do Matthew Baillie Begbie the injustice of inflicting on him the common but ill-deserved title of "Hanging Judge." That epithet was only applied after his death. The Barkerville Gazette, however, did once carry a report, referring to him as the "Haranging Judge" due to his habit of giving every convicted felon a scolding before passing sentence.

So, poor Begbie inherited a name he did not merit, no doubt, due to perhaps both the misspelling of the word by the reporter, and the misreading by the public. To his credit, Begbie disliked the taking of life by any means, even judicially. Statistically, of the 52 murder cases he tried over his long career, he sentenced only 27 to hang. Given the coarse, rough and uncouth nature of the pioneer days, that number was far lower than most of his contemporary jurists, facing similar situations in the "Wild West." Furthermore, in contrast with other judges of the West, he never personally hanged anyone.

A veil of uncertainty hangs over the circumstances of Begbie's birth. His parents were Scottish, but he was not born in the land of the heather, although some biographies name Edinburgh as his birthplace. His father, Captain John Stirling Begbie of the British Imperial Army, sailed for Mauritius with his pregnant wife, Mary. The young Begbie was born either en route via the Cape of Good Hope, or at their destination on May 9, 1819. But it was in Guernsey, one of the Channel Islands off the coast of France, where Begbie received his high school education. He was a good student, a natural linguist and a talented musician. He loved athletics, amateur dramatics and he loved to be on stage, all of which served him well in his future career. In 1836, he entered Cambridge University to study mathematics and the classics. After graduation, he went to Lincoln's Inn in London to take up law. On November 22, 1844, he was called to the Bar, beginning a long and illustrious legal career.

2 Naming Initiative for Begbie Green Appendix C: Correspondence received It seems that in London, however, he was not particularly illustrious. But when Governor James Douglas of Victoria asked the Colonial Office in London for a judge who would mete out British justice without fear or favour, the position was offered immediately to Magistrate Begbie.

The situation in the Fraser Canyon was precarious. The influx of some 20,000-30,000 gold seekers had strained the administrative resources to the limit. So when a striking, six-foot-four, 39-year-old swashbuckling bachelor, looking like Sir Walter Raleigh, stepped off the ship in Esquimalt, Governor Douglas breathed an audible sigh of relief. The two men were cut from the same cloth and immediately saw eye-to-eye in what needed to be done on the goldfields.

Begbie lost no time in flexing his muscles at a crisis known as "Ned McGowan's War." There was more farce than fact in the case, but the foolhardy activities of the parties concerned in the legal wrangling had precipitated a riot among the miners. Begbie walked in with characteristic flourish and determination, settled the case fairly, and assured the disgruntled American miners that they would always get fair treatment from him.

The area needed not only a judge, but also a presence. That presence had to be outstandingly muscular and of a constitution well above average. Begbie lost no time making his presence felt. With grim determination and incredible physical stamina, he walked from Fort Langley to the goldfields at Lillooet and back again, holding court wherever he went. He covered the most impossible terrain and survived the worst of winter storms, trekking hundreds of miles to do his job. During his 36 years in office, the judge visited almost every area of the Province of British Columbia at least once. Sometimes he held court on horseback, on a tree stump, in shacks or barrooms, meting out his own concepts of justice, for many of his decisions were without precedent. Yet no one could accuse him of being anything but absolutely fair, honest and impartial. At a time when such opinions were foreign, Begbie championed the cause of civil rights. The white settlers held the native people in contempt, but on many occasions, he gave a native the benefit of a fair hearing and rendered judgment against his dumbfounded white accuser.

Begbie was equally ardent in defending the causes of minority groups. Victoria had passed a number of racially oriented bylaws, directed mainly against the Chinese. One introduced during Begbie's time, declared Chinese laundries to be a public nuisance and attempted to put them out of business. Begbie's response:

"Blacksmith's forges are probably more liable to take fire from sparks; butcher's shops are far more offensive to the eyes, clothes and olfactories of foot-passengers, with greasy and bleeding carcasses lumbering the sidewalks and infecting the air with the odour of meat-curing; stables with their muck-heaps several yards high are more pregnant with pungent and misalubrious gases; large packing cases are more obstructive to the thoroughfare, than anything that can be alleged against these wash-houses. Yet all these other matters, each of which might be termed a nuisance of no common degree, are allowed to exist, clustered together in the very busiest part of the centre of the city without a word of rebuke."

And with that he promptly declared the bylaw invalid.

As expected, there were threats on his life, but he was not easily intimidated. One night, he overheard a group of men outside the hotel where he was staying, planning his murder. He stepped out on to his balcony immediately above where they stood and calmly emptied the contents of his chamber pot over their heads. There was no more talk of murder.

One delightful story, which may be apocryphal, conveys the spirit of the man. Begbie condemned an American to death for murder. The convicted man's American lawyer informed the Judge that he would appeal. "You are fully within your rights to do so," replied Begbie, "and I will outline for you the procedures. First, you will make your appeal in writing and submit it to me for approval. Then I will forward it to the Supreme Court in

3 Naming Initiative for Begbie Green Appendix C: Correspondence received Ottawa for review. They will then communicate their findings to me and you will then be informed of their position. But all of this is purely academic, because your client will be hanged tomorrow morning at 9 a.m."

Begbie's interests went far beyond the law. As the most eligible bachelor in town, he was a frequent guest at all the best homes in Victoria. He was an avid tennis player and had two excellent courts on his own property. His tennis parties were legendary. He was an ardent fisherman and hunter and he took every opportunity during his professional journeys through the province, to avail himself of the sporting facilities of the area. He was a cartographer, a mathematician and an engineer. He redesigned railway bridges to make them more stable. He taught school - mathematics and classics. He founded the Union Club, performed in amateur dramatics, sponsored the theatres, supported musical concerts and, with his clear, high-pitched voice, was an asset to the tenor section of the Cathedral Choir.

Begbie died of cancer on June 11, 1894 at the age of 75. His memorial stone in Ross Bay Cemetery is large, which would not have pleased him since he asked for only the simplest cross. But the words he requested are engraved on the stone, portraying his deep religious convictions. "Lord, be merciful to me, a sinner."

4 Naming Initiative for Begbie Green Appendix C: Correspondence received

Notes on Judge Matthew Bailiie Begbie

Sir Matthew Bailiie Begbie (9 May 1819 -11 June 1894)111 was born on the island of Mauritius.121 thereafter raised and educated in the United Kingdom. In 1858, Begbie became the first Chief Justice of the Crown Colony of British Columbia in colonial times and in the first decades after confederation of Canada.

Begbie served as the first Judge of the Supreme Court, Colony of British Columbia 1858 to 1866 and then, in the same capacity in the Supreme Court, the United Colonies of Vancouver Island and British Columbia from 1866 to 1870. He was Chief Justice of the Supreme Court of the United Colonies from 1870 to 1871 and, following British Columbia ioiningconfederation in 1871, he served as the first Chief Justice of the Supreme Court of the new Province of British Columbia until his death on June 11, 1894. n 1860, Begbie found a white Californian man by the name of William Marshall guilty of assaulting a First Nations man based only on the testimony of First Nations people, the first time this had ever occurred. He spoke several languages and is said to have been able to conduct trials in several aboriginal languages without the use of an interpreter. He also allowed people of other cultures to swear an oath of truth on an object sacred to them in place of the Bible.

In the years after his death, Begbie came to be known as the Hanging Judge.^taken from Wikipedia)

Don't do Matthew Bailiie Begbie the injustice of inflicting on him the common but ill- deserved title of "Hanging Judge." That epithet was only applied after his death. The Barkerville Gazette, however, did once carry a report, referring to him as the "Haranging Judge" due to his habit of giving every convicted felon a scolding before passing sentence.

"Blacksmith's forges are probably more liable to take fire from sparks; butcher's shops are far more offensive to the eyes, clothes and olfactories of foot-passengers, with greasy and bleeding carcasses lumbering the sidewalks and infecting the air with the odour of meat-curing; stables with their muck-heaps several yards high are more pregnant with pungent and misalubrious gases; large packing cases are more obstructive to the thoroughfare, than anything that can be alleged against these wash- houses. Yet all these other matters, each of which might be termed a nuisance of no common degree, are allowed to exist, clustered together in the very busiest part of the centre of the city without a word of rebuke."

And with that he promptly declared the bylaw invalid.

Upon BC entering Confederation in 1871, Begbie became its first chief justice. He guided the judicial system of the province to an era of considerable sophistication, displaying characteristics unexpected of a Victorian judge: espousal of the rights of Chinese and native people; a lifelong interest in progressive law reforms and a tendency to take the side of the "little man." In later years he was the social lion of the genteel society of Victoria, where he lived in bachelor comfort.(taken from the Canadian Encyclopedia)

Without Judge Begbie establishing order on the BC frontier, all hell would have broken loose. Leading American mining journals in 1863 were already referring to the Fraser River as 'Our Territory'. Begbie showed unusual strength and stamina in his work, often travelling by foot and sleeping in a tent so damp that his books mildewed. Six feet four inches tall with a Van Dyke beard, a gaucho hat, and a long black cloak, Begbie was a commanding figure. A deeply spiritual man and long-time church-choir member, he loved to read the Anglican Evening Prayer service by campfire, singing hymns before going to his tent. Even when holding court on a stump under a tree, he wore formal robes. For twelve years, Begbie was BC's only judge, travelling two-thirds of the year, and sometimes doing double-duty as a postman! Because of Begbie's firm fairness, incidences of violence and highway robberies, all common below the border, were extremely rare in BC.

The 'hanging judge' expression was never applied to Begbie during his lifetime, but rather was an overstatement. As historian David Williams puts it, Begbie was 'an extremely humane, literate, generous, humorous and fair-minded man'. He abhorred the taking of life. While vacationing, Naming Initiative for Begbie Green Appendix C: Correspondence received

Begbie met an American former jurist. The American said: 'You certainly did some hanging, judge.' Begbie memorably replied: 'Excuse me, my good friend. I never hanged any man. I simply swore in good American citizens, like yourself, as jurymen, and it was you who hanged your fellow citizens.' In the BC Place Names (1997) book, it states that Judge Begbie 'by firmness, impartiality and sheer force of personality maintained British law and order...' Angered by the acquittal of an armed robber, Begbie said to the prisoner: 'The jurymen say you are not guilty, but with that I do not agree. It is now my duty to set you free and I warn you not to pursue your evil ways, but if you ever again should be so inclined, I hope you select your victim from the men who acquitted you.'

• Begbie's famous nickname was "The Hanging Judge," but it is possible that "hanging" was a corruption of "haranguing." Although he did impose a number of death sentences during his career, some academics, including his biographer David Williams have suggested that he made significant efforts to protect aboriginal land and fishing rights and fought legislation that was discriminatory towards Chinese and other minority populations. ( attributed to Williams, David. "...The man for a new country": Sir Matthew Baillie Begbie. Sidney: Gray's Publishing, 1977.)

• Important though his participation in colonial government was, Begbie's chief contribution was to bring British law to the scattered mining communities. The importance of these labours cannot be overrated. Here was a British colony, governed by only a handful of British officials, with a white population consisting mainly of aliens, principally Americans, and concentrated almost entirely in remote mining camps. The miners, who came first to the lower Fraser River, gradually moved upriver into the interior. Other mining camps were established in southern British Columbia and in the Rocky Mountain Trench and later in the northern sections of the colony. Begbie perceived the necessity of taking the law to these communities, the members of which could not or would not come to New Westminster (the capital until 1868) to resolve civil disputes or to submit to the process of criminal law. Fortunately he was a man of immense vigour and stamina. In January 1859 he accompanied Colonel Richard Clement Moody* and a party of Royal Engineers up the ice-clogged Fraser River in order to quell an insurrection that had broken out among the miners at Yale and Hills Bar, and to try Ned McGowan, the leader of one of the factions. The following month Begbie walked from New Westminster to what is now Lillooet and back (a journey of approximately 350 miles) to familiarize himself with the mining population of the Fraser River. Later that same year, after drafting the Gold Fields Act, he walked from New Westminster to Naming Initiative for Begbie Green Appendix C: Correspondence received

Kamloops and back (also about 350 miles) to promulgate the new legislation to miners in their encampments and gold commissioners in their log cabins. He recorded his favourable impressions of the miners; they must have been even more impressed, if not astonished, by him.( attributed to Dictionary of Canadian Biography http://www.biographi.ca/en/bio/begbie_matthew_baillie_i2E.html)