Rex vs. Edward Brian Briscoe
Description
Title Proper | F0 GR0419 BOX 569 FILE 155A |
Date(s) of material from this resource digitized | 1947 |
General material designation |
From this file, LOI has digitized one textual record or image.
|
Scope and content |
Edison Brian Briscoe was charged on 26 July 1947 at Rivers Inlet with possessing a stolen boat, alleged to have previously been known as the "Rio
II" and sold several times before being stolen from Matt Nybo and James Barnett and
renamed "Guess Who." Briscoe was found guilty and appealed the case, claiming that
new evidence would prove that the "Guess Who" and "Rio II" were different boats. File
is relevant because the Rio II was originally named "S.N." under licence 3271 when
it was purchased by British Columbia Packers Ltd. from the Japanese Fishing Vessels Disposal Committee on 11 May 1942. File is very disorganized, documents presented in original order.
For the sake of clarity it is recommended that researchers begin by reading Appeal
book beginning on page 124. See also bca_gr_0419_box_569_file_155b.
PDF Table of contents: Page 2 Radiogram from Vancouver Inspector Swanson to officers
of the court in Revelstoke, 6 February 1948, regarding subpoenas for John Goch and
sons and their travel to Vancouver for new trial. Page 3 Radiogram from Vancouver
Inspector Swanson to officer of the court in Prince Rupert, 6 February 1948, requesting
presence of witness Mr. Hicks. Page 4 Radiogram from Prince Rupert officer of the
court to Vancouver counterpart indicating that McLean Shipyards served writ by Briscoe’s
counsel Marsden regarding return of ‘Guess Who’. Page 5 Radiogram from officer of
the court in Prince Rupert to Vancouver counterpart, 22 January 1948, regarding evidence
from Mr. Barnett, and statements made by Briscoe that contradicted his trial testimony.
Page 6 Radiogram regarding shipment of ‘Guess Who’ via C.N.R. 26 January 1948. Pages
7-8 Reports from Constable L.E. Faryon regarding Briscoe’s stay at Rodmay Hotel in
Powell River in August 1947. Page 9 List of prisoners for sentencing. Page 10 Note
describing Briscoe’s trouble with the Canadian Fishing Co., Clay’s Wharf, and the
fate of Briscoe’s boat the ‘ Joker’, 20 February 1948. Pages 11-15 Examination of
Crown witness Arthur Matheson, head of Service Department at Vivien Engine Works Ltd
describing bill of sale to Mr. Wingen for a 15 horsepower 2-cylinder Vivien gas engine,
serial number 1659 on 20 January 1936 and record keeping regarding change of ownership.
Pages 16-17 Undated and unsigned notes regarding Briscoe’s evidence and visibility
of the name ‘Rio II’ and carved initials ‘S.M.’ on ‘Guess Who’. Pages 18-22 Handwritten
notes on boat measurements and witnesses. Page 23 Note listing Briscoe’s criminal
record, 23 February 1948. Pages 24-57 Witnesses recalled 18 February 1948; all describe
seeing ‘S.N.’ carved into port side of the hull. Pages 58-62 Crown counsel Russell
Twining’s copy of crime report from Sergeant J.W. Hooker, with evidence. Point 13
indicates that boat ’S.N’ Licence 3271 “was purchased by the British Columbia Packers
Ltd., ex Japanese Fishing Vessels Disposal Committee” on 11 May 1942 and lists subsequent
transfers of the vessel. Pages 63-64 A letter from Counsel J.T. Harvey to the Deputy
Attorney General from 9 January 1948 describing context of Briscoe’s appeal. Pages
65-69 Crown counsel H.R. Bray’s copy of crime report from Sergeant J.W. Hooker, with
evidence. Pages 70-72 Oaths from Dennis Harley, Bert Harley and Paddy George describing
two separate boats named Rio II, ’both Japanese built’. Pages 73-80 Examination of
BCP officer John Melville Hicks on 18 February 1948 in which he describes the carving
on the hull. Page 81 Letter from Deputy Attorney General to H.R. Bray describing Justice
Sidney Smith’s opinion that Briscoe was ‘guilty as could be’. Pages 82-83 Jury list
for winter assizes. Page 84 Handwritten memo to Inspector Swanson from crown counsel
regarding witnesses. Pages 85-90 Affidavit from Helmer Miller Hanna, 2 December 1947,
swearing that he witnessed previous owner John Goch’s sons remove ‘Rio II’ from Seacraft
Marine, Coal Harbour in December 1946. Lists alleged differences between the ‘Rio
II’ and ‘Guess Who’; with attached photo of ‘Guess Who’. Pages 91-92 Exhibit four,
photo of ‘Guess Who’. Pages 93-95 Order to change venue of trial from Prince Rupert
to Vancouver. Page 96 Letter from Crown Counsel F.D. Pratt enclosing copy of order
to change venue of the trial, 9 January 1948. Page 97 Letter from Deputy Attorney
General E. Pepler to H.R. Bray commenting on new evidence transportation of Guess
Who from Prince Rupert to Vancouver, 10 January 1948. Pages 98-101 Affidavit from
John Gould, Marine Surveyor, 10 December 1947 describing alleged differences between
’Rio II’ and ‘Guess Who’. Pages 102-107 Notice of motion and Affidavit from Marsden
on new evidence. Pages 108-110 Order allowing Appeal and directing a new trial. Pages
111-112 Affidavit from Harvey Roy Hurst, 2 December 1947. Pages 113-114 Affidavit
from Edison Brian Briscoe’s father Brian Briscoe, 17 October 1947, describing need
for his son’s help at his mine. Page 115 Notice of Appeal, 27 October 1947. Page 116
Notice of Motion for Leave to Appeal, 27 October 1947. Page 117 Notice of Application
for Leave to Appeal from Sentence, 27 October 1947. Page 118 Letter from Briscoe’s
father’s physician, Dr. A.J. MacLachlan regarding his health preventing manual labour,
17 October 1947. Pages 119-121 Letter to Deputy Attorney General Pepler from F.D.
Pratt, 7 January 1948 describing application for change of venue and transportation
of ‘Guess Who’ to Vancouver with enclosed copy of letter from Marsden. Pages 122-123
Letter to Deputy Attorney General from Counsel Pelton listing enclosed documents.
Pages 124-391 Appeal book; includes index, exhibits, charge and proceedings at trial.
Owner James Barnett describes paying $3350 for the vessel in August 1946, the carving
on the hull and conditions of purchase. Owner Matt Nybo describes the carving and
notably admits that he did not have a profitable fishing season. Philip Goch, son
of previous owner John Goch, describes Japanese Canadian provenance of the vessel.
The Defense’s opening address acknowledges sale of Japanese Canadian vessels and the
worth of the boat in question. Boat builder Moses Alex North discusses the Custodian
of Enemy Property and price range for vessels. Fisherman Montague Sladen Smith describes
the boat being built “after Japanese lines.” The boat’s Japanese Canadian provenance
is raised in the Charge to the Jury. Exhibits include the Registry of shipping, licence
for the ‘Guess Who’, and affidavit from Briscoe claiming to have built the ‘Guess
Who’ in 1946, a declaration from Briscoe which includes measurements, Briscoe’s receipt
from the Canadian Fishing Company, and a chattel mortgage with B.C. Packers Ltd from
5 June 1947.
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Name of creator |
The Provincial Government of British Columbia created this archive.
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Immediate source of acquisition |
The digital copies of the records were acquired by the Landscapes of Injustice Research
Collective between 2014 and 2018.
This record was digitized in full.
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Structure
Repository | British Columbia Archives |
Fonds | Government Records Collection |
Series | Attorney General |
Sub-series | F0 GR0419 BOX 569 |
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Title
Rex vs. Edward Brian Briscoe
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Source: British Columbia Archives
Terminology
Readers of these historical materials will encounter derogatory references to Japanese
Canadians and euphemisms used to obscure the intent and impacts of the internment
and dispossession. While these are important realities of the history, the Landscapes
of Injustice Research Collective urges users to carefully consider their own terminological
choices in writing and speaking about this topic today as we confront past injustice.
See our statement on terminology, and related sources here.