Wednesday, July 22, 1998

Part Two = NOEL AND AIME LE CLAIRE

PENINSULA NEWS REVIEW 29

Notorious Noel known as a rogue and whisky seller

- Last week, we found that Aime Le Claire was a man who
- started his career with the Hudson's Bay Company, then became a
farmer, a saloon keeper, and finally a hotel proprietor. He was a
man who was respected by the community at large, and basically
Rept out of trouble.

This week, we look at his older brother, Noel Le Claire, who ap-
parently came to the west coast to join his brother in the late
1850s, and gained a reputation of being a rogue and Indian
whisky seller.

By Brad Morrison -_ oo
Te first record found concerning Noel Le Claire, [he was

also known as Noel Le Clerc; Le Clere and Le Clair] is
an unflattering one. He is reported in the British Colonist
on Wednesday, July 19, 1860, as being arrested as a Indian
_ Whisky seller:
“About 12 o’clock on Tuesday night, Sergeants -Taylor and
Carey arrested a Frenchman, known as Newell Le Clere [sic],
on acharge of being extensively engaged in the Indian liquor
traffic. The officers found a wagon in Mr. Finlayson’s barn,
which contained three 10 gallon and two 5 gallon kegs of the ex-
hilarating mixture, which they seized.

“The rogue, on being brought to the station-house, was
searched, and the sum of $33 (the product of his infamous busi-. .
ness) found.on his person. This Le Clere [sic], itis said, has
been for a long time engaged i in supplying the Chimshean tribe

- with liquor, and was in the habit of serving them at any hour
during the day or night. His stock is said to have been ‘chain-

lightning’ of the truest description. The Police Judge fined him 2 we

: $100, or in default three months’ imprisonment.” - :

_ Apparently, from the above news item, Noel was staying with
his brother Aime on Roderick: Finlayson’ s Rugby Farm at the
time.’ But this was not the end of his notorious deeds, he was

“again arrested on Oct. 17, only three months later, for selling.” 2

» whisky to the Indians. But this time there was a twist. .
During his arraignment before the Police Judge, he“ ore:

ferred” to charge one of the arresting officers for taking a bribe. ne

The British Colonist described the incidents as follows: :
: - testified that he was arrested three months ago by two of
. ica, of which the sergeant was one) for selling whisky. to In-

.- dians; that he gave the sergeant $25 to let him go free; that the.
"Jatter took the money, but insisted upon taking him to jail, and.

~. the next morning! had him fined .... The officer who accompa-.
“nied the sergeant at the time testified that no such bribery took.
place.” °

few days; and “then'turned to Le Clerc [sic], and told him he

“should commit him, on his own statement, to prison for trial be- a

fore the Court of Sessions, on a charge of bribing police offi-
cers. The rogue seemed completely taken aback by the magis-
*.. trate’s decision, and went grumbling to acell, It is supposed
that several vagabonds engaged in the Indian whisky business
had combined, and induced Le Clerc [sic] to make the state-
ment, which was undoubtedly false.”
N oel Le Claire was sent to the Court of Sessions: Ketone

Chief Justice Cameron, under the charge of perjury, the

case being delayed until Jan. 30, 1861. He was repre-
- sented by Messrs. Ring and Dennes, and pleaded ‘Not Guilty,’

A i
Ronn Sir |

| BION

hy My
cst y ah yt

The Police Judge decided to investigate the accusation fora

‘The trial took a strange direction, when Le
Claire’s attorneys attempted to discredit Sgt.
Taylor as being unreliable and fraudulent in his
ways. They brought out that the sergeant had
made illegal changes in the Police Charge
Books, and that he had been dismissed from his

“Tf such men are
allowed to run,
there will soon be

“8 - sument, the newspapers made no mention.]
“After a brief charge from the Chief Justice the
jury retired, and in about fifteen minutes re-
turned with a verdict of ‘Guilty,’ as charged in
the indictment. Mr. Ring gave notice of a motion
for an arrest of judgment, and the court was ad-

duties for that reason. : rt journed ..
hey.also attacked the manner.in which neither security fe Or Chief Justice David Cameron waited two
the charge was brought about, by Le life, proper ty, nor weeks before his judgment, [Feb. 15) in which
Claire incriminating himself. Apparently,

Le Claire could speak little English, and an inter-
preter was used during the initial trial before the
Police Court. The interpreter was sworn in, but
Le Claire was not, thereby making his statement
not admissible. After an extensive question-and-
answer session, with many objections raised by
the Attorney General Cary, the case rested in
the hands of the jury.

“The evidence concluded, and Attorney General Cary, j in an
able argument to the jury, ofan hour’ s length, contended that
the charge had been fully proven.” [On the Defense closing ar-

country.”

eas Help! Help! He’s kiln mgm me! Save me! He‘s slashing

Ath My cntcrent My blood is rushing, out of melt

ee...

The neighbours rushed to call 911. oe

-Jhe police: zoomed. to the scene of the. Le
oemurder.. oo eee
es 8: Police: cruisers screeched to aw ,
sudden stop. Ae NOR
~.The:cops. rushed up the stairs ‘their a See Y

guns drawn. Pay :
Three police ‘crashed ‘down the | oe
door Sas
A young.. woman in her mid- : 2
lirties “Was: lyin lead. in. as, pee

ildren “were a
‘huddled together thelr bodies eed
racked with their sobs). 8).
nen murderer. was: nowhere to oer

. The "neighbours began to

pear.
Her mew it ‘would happen. Such
a nice young woman, And. the.
children so well behaved.
She Just moved.in a'month ago. :
- Left ‘her husband... The. brute. He
-- couldn't accept If, The poor thing.
. She-trled so hard to start her. life all
over again."
* One of the palice officers let out acry.
“Hey, Siohn. take a.look, There's q man’s
E ae here. It has cat hairs on tf."
One of the neighbours spoke u

that all the time. And he has a cat.”
apartment:
get samiples of his. cat's halt.’

anneal

r

niyan Scott: Monerieff
jain Morley.» :
Del fs Igereani” :

ratnaereesnareuamrertnnmnninn yanmar

Ae ee i Ail
“Tan Morey

reputation in this

“CAT” ASTROPHE

By Claire E B ‘omsteli unreasonable search and seizure.
Based on Actual Court Cases —

“That's her husband's jacket, i cas t, He wore ©
The officers put yellow caution- tape around the
>, “Arrest the husband, Charge him with bine And»

© peenty, Doug didn't | have 0. 4 Simpson’ ¢ lawyers.

“Cheek out our now wob- cite at http: ://uww. seott- monriof?, be.ca

~SCcor T- MONCRIE EF & COMPANY —

RARRISTE IRS*SOL IC TORS: NOTARIES PUBL. IC |

Son ybrearhacam's tr mmr ua alam aera la trae Sada tapraemierediiend

he dismissed the charge in its entirety. In his

summary he made the following statements:
“His Lordship stated that on the application of

the learned counsel for the prisoner, for an arrest

B ritish Colonist editorial of judgment, on the ground of a defective indict-

ment, he would decide that the prisoner must be

_ Ss discharged — for the reason that a general aver-

ment, as appeared in the indictment, was not suf-
ficient; the averments must be special: The indictment on that

~ ground is bad, and the prisoner must be discharged .... Le Clerc

was sent to the Assizes by the police magistrate, .... on hearsay
CONTINUED ON PAGE 31

Doug, the husband \ was brought into the station,

_ handcuffed.
“No way, I'm going to let you have samples:
“70t my. cat's hair. =

“The captain didn’t waste time. 7
“Get a warrant..Go into his house. Get
“samples of-his‘cat’s hain”. oS

alts night the proof was in.

the hair. on’ the. jacket left at: the: :
-scene of the.crime. 3s =
«~~ Doug was identified as the killer, ne
“NO. wey: those guys: dre going
“-to,use those samples.as proof...
“They: got if: illegally.”: Doug took:

the cat's hair as evidence, +:
_ Exasperated, : “Doug  arqued,.:
“Your: Honour: my. rights have »

pulled hairs. out. of my car.

.. .without my consent. There was’ |:
‘no need to'torture my: cat. like.

_ this. He didn‘t do anything. This is

refused ‘to give them’ the
“samples. That should be the end of’

«It. The: police shouldn‘t be able .to
Interfere with my property without my

consent.” .

“The police were. flabbergasted, “Your |

“Honour, why are. we .here? We had a.
warrant, With a warrant we can seize property

without the owner's consent. If we can seize his car, ©
we can take some cat hairs. We. didn’t hurt the cat,

. He's Just upset because the cat halrs matched the _
‘ones on. the jacket. It's not our fault the evidence:
makes him look gullty.”:
Should the cat hairs be admitted as evidence?

You! Be The Judge. Then look below for-the decision:

lan Morley, Layer 7

“04: 710 sec ond Sireet, Sidney
ool www scatbmonerieffibe.ca

- 656-0981

_The hair of Doug's cat arenede ‘

_ the’police to court to. exclude — cee,

“been. violated! The police...

DECISION ol Be

: The aie Z are admissible." the Judge confirmed. ‘the police had q warrant 8 $0 the seleute of
the cat halrs was valid :
“YOU! BE THE JUDGE is bas od on actual court cas QS, Today § decision ig based on the facts of tho case ond tho on :
of the province of Prince Edward Islan, If you have a similar problem, please consult Scotf-Moncriotf & Company,

Claires Bems foi is a Montreal lawyer and nationally geal G ‘olumnis. Copyright 1998 Haika ll sabe

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