REPORT.

COMMITTEE ROOM,

TUESDAY, 18th May, 1858.

The Select Committee appointed to inquire into and report upon the circumstances connected with the resignation of Henry Van Allan Rapelje, Esquire, late Sheriff of Norfolk, and the alleged disposal of the said office by the said Rapelje to Lawrence W. Mercer, Esquire, and the appointment of said Mercer to said office,

Beg leave to report—

That they have unanimously resolved to submit the whole evidence and appended correspondence to your Honorable House, in order that such action may be taken thereon as in your wisdom may be deemed meet.

The whole, nevertheless, humbly submitted.

M. H. FOLEY,

Chairman.

MINUTES OF EVIDENCE.

COMMITTEE ROOM,

FRIDAY, 23rd April, 1858.

COMMITTEE MET.

MEMBERS PRESENT:

MR. FOLEY, in the Chair.

MR. HARTMAN,

MR. LANGEVIN,

MR. TALBOT,

MR. MCMICKEN, and

MR. WALKER Powell.

Ordered-That Lawrence W. Mercer, Esquire, Sheriff of Norfolk, Henry Van Allan Rapelje, Esquire, late Sheriff of Norfolk, and John Ridout, Esquire, Registrar for the County of York, he summoned to appear before the Committee at its next sitting, and that the said John Ridout be instructed to bring with him copies of all conveyances, bonds, agreements, memorials and other papers made, or purporting to have been made, between Lawrence W. Mercer and Henry Van Allan Rapelje, Esquires, and between the said Lawrence W. Mercer and his wife, and the said Henry Van Allan Rapelje, recorded in the Registry Office of the County of York, 30A

since the first day of December last past, or left at the said office to be recorded, from said date.

The Committee then adjourned till Thursday, the 29th April, at 11 o'clock in the forenoon.

THURSDAY, 29th April, 1858.

COMMITTEE MET.

The Chairman intimated, that a letter had been received from Lawrence W. Mercer, Esquire, stating that the business of his office rendered it very inconvenient for him to be present at the time required, and wishing, if possible, that his presence might be dispensed with until the following week; to which the Committee agreed, and it was

Ordered--That the said Lawrence W. Mercer, Esquire, be summoned to appear before the Committee on Tuesday, the 4th May, at 10 o'clock in the forenoon.

It was also agreed to by the Committee that the examination of Henry Van Allan Rapelje, Esquire, be postponed on account of his only having just arrived in the city.

John Ridout, Esquire, Registrar for the County of York, was then called for, when Samuel G. Ridout, Esquire, brother of said John Ridout, appeared in his behalf and stated, that it was more convenient for him to appear than his brother, and as he conducted the business of the office generally, he might be expected to know how to answer such questions as might be put to him. Witness then, in conjunction with the order of the Committee to lay before it copies of all conveyances, bonds, agreements, memorials, &c., in connection with the subject before it, produced two papers, one a memorial of Indenture of Bargain and Sale from Mercer and wife to Rapelje, recorded on the 8th February, 1858, a copy of which he fyled with the Clerk of the Committee, and is marked A; the second, a memorial of Indenture of Bargain and Sale from Mercer and wife to Rapelje, recorded on the 8th of February, 1858, a copy of which he fyled with the Clerk of the Committee, and is marked B.

Mr. Langevin, in looking over memorial B, asked witness how it happened that the amount of consideration was not inserted. Witness did not know why, but said that in memorials such was frequently omitted. He then stated that he knew nothing further than papers marked A and B disclose, and was in consequence instructed to withdraw, and to inform John Ridout, Esquire, to be in attendance on Committee to-morrow, at ten o'clock in the forenoon.

Adjourned till to-morrow, at 10 o'clock A. M.

FRIDAY, 30th April, 1858.

COMMITTEE MET.

John Ridout, Esquire, Registrar for the County of York, was then called, who came forward and apologized for his non-appearance at last meeting. In answer

to question, he said that the copies of memorials laid before Committee, and severally marked App. A. and B., had been drawn up and transmitted under his authority; had no conversation with Lawrence W. Mercer relative to his appointment to said office before said memorials were registered; had some conversation at two or three different times since: understood from Mr. Mercer that he had consulted with Dr. Connor, and obtained his opinion as to the legality of the course to be taken by him with regard to his appointment to the office of Sheriff of Norfolk; Mr. Mercer is brother-in-law to witness and they are very intimateunderstood from Mr. Mercer, before he was appointed, that he was an applicantMr. Mercer did not tell him what he was going to do with Mr. Rapelje-did not tell him that Rapelje was to sell him the office, nor that there was any bargaincannot say who brought the memorials to the office for registration-thinks Mr. Mercer was present-cannot say what Mr. Mercer told him-during the last few times he had seen him, he had referred to his appointment-cannot tell what was said respecting it-thinks Mr. Rapelje's name may have been alluded to by Mr. Mercer from the conversations had with Mr. Mercer he draws the conclusion that there was some arrangement between Rapelje and Mercer-it was with reference to this arrangement that Mr. Mercer told him he had consulted Dr. Connor-did not look over the memorials referred to-has read them so far as the names of the parties-cannot tell what the property mentioned in them is, thinks it is in the city-has seen Mercer since this affair was before Parliament-has never heard of Mr. Mercer endeavouring to obtain the offices of Sheriff of Oxford or Welland.

(On account of the difficulty in eliciting the evidence, it was, at this stage of the proceedings, resolved by the Committee, that the questions put to witness be in writing, and that a direct answer be given to them.)

[By Mr. Chairman.]

1. Since you were notified to come before this Committee had you any conversation with any one, and state with whom, about this affair?-I had no special conversation with any one, except my brother.

2. Do you say now that you know the property referred to in memorials?I will not state positively, but think there is one property on Grenville street, and another on the corner of Brock and King streets.

3. Did you know about the time of the sale, that Mercer was about to sell the property mentioned in memorials to Mr. Rapelje?—I did not.

4. Did Mr. Mercer at any subsequent time say that he had sold the said property to Mr. Rapelje ?-No.

5. Did you never at any time ask Mr. Mercer what price or consideration he received from Mr. Rapelje for this property?-No.

6. Do you know Mr. Andrew Heron, of Niagara ?—Yes.

7. Have you had any conversation with Mr. Heron relative to the appointment of Mr. Mercer to the office of Sheriff of Norfolk ?—I do not recollect of any. 8. From conversations had with Mr. Mercer, are you not convinced that conveyance of this property was connected with the resignation of Rapelje and appointment of Mercer?-I have no grounds for supposing so.

9. What is your own belief on the points referred to in last question?-My own idea is that the conveyance was connected with the resignation of Rapelje: and appointment of Mercer.

10. On what information do you ground that idea?—I have no grounds except. those founded from seeing those memorials.

11. Is your opinion formed (with regard to transfer) by the statements in public prints since date of memorials?-It is formed only on the base of the memorials.

[By Mr. Langevin.]

12. Explain to committee why you base your opinion on the seeing of those memorials?-Because they bear date about the time of the appointment of Mercer. [By Mr. Chapais.]

13. When you first saw these memorials, did you believe that they had any relation with the transaction alluded to?-I am not aware that I had any impres sion at all either one way or the other.

[By Mr. Talbot.]

14. Did you not form the opinion you now have from what appeared in newspapers or by reading the correspondence?-1 have nothing beyond memorials to form opinion from.

15. If this excitement with regard to the Shrievalty had not taken place, would you have known that these memorials referred to the Shrievalty?—I would not.

16. But for what has taken place in Parliament and the newspapers with regard to the appointment, would you have supposed that the memorials referred to the Shrievalty?—No.

[By Mr. Chairman.]

17. Have you ever had any conversation with Mr. Attorney General Macdonald in regard to the Shrievalty of Norfolk ?—I have not.

Witness was then directed to withdraw.

Henry Van Rapelje, Esquire, called in, and examined:

[By Mr. Chairman.]

18. What is your name and place of residence?-My name is Henry Van Allan Rapelje, and I reside at Simcoe, in the County of Norfolk.

19. Were you the Sheriff of the County of Norfolk? If yes, when did you cease to hold that office?—I was the Sheriff of Norfolk; I resigned I think in the latter part of January or first of February.

20. Do you know Lawrence W. Mercer, the present Sheriff of Norfolk ?—I do. 21. Did you before your resignation have any communication with the said Mercer relative to the Shrievalty of Norfolk, state what that communication was?— I think directly from Mr. Mercer I received one or I think two communications, but I had received several communications from him through Colonel Wilson, Mr. Goeffrey B. Hall, and I think others, with regard to the Shrievalty of Norfolk. Colonel Wilson, I think, spoke to me a year or two ago relative to appointing Mr. Mercer my deputy, and taking the office, and giving me a certain amount for it yearly. I found I could not do that with safety, as there was a statute against letting the office, and I declined. I had had a great deal of trouble with my deputies, and was ill in health. Some time after, I had a proposal from Colonel Wilson as coming from Mr. Mercer, asking me what I would take for the office. I did not know what to say: I thought it was a novel sort of thing; I took no notice of it. Some time after that, again (during the latter part of the fall, I think) I received a letter, whilst at Walsingham, from Colonel Wilson, saying that his brother (Mr. Mercer) was very anxious for an answer. I wrote Colonel Wilson, saying, that I would take five thousand pounds-that being about £300 a-year. Soon after I met Mr. Hall, who told me that he had received a communication from Mr. Mercer, saying that five thousand pounds was too much, but that he would give me £300 a-year for the office during life. I asked Mr. Hall how that was to be done. Mr. Hall replied, that I would have nothing to do with getting the office for Mr. Mercer, as he (Mr. Mercer) would take upon himself all the responsibility of procuring the appointment. Nothing further took place until about the middle of January last,

when I received a communication from, I think, Mr. Wilson-it may have been from Hall-requesting an answer to his last proposal. I wrote in reply, that if he (Mercer) would pay me £500 down, and secure me £300 a-year during life, I would resign. I wish the Committee to distinctly understand that I had nothing to do with Mr. Mercer's appointment. I further said in my letter, that if he did not come to these terms, he must drop the subject altogether. I got an answer immediately from Mr. Mercer; he said the amount was large, but he would see me in a few days. Very soon after a telegraph came to me from Mr. Mercer, desiring me to meet him in Simcoe on the following day. I did not do so. A day or two after that, Mr. Mercer came to Walsingham, where I was; he said he had got the thing all right; that he got Dr. Connor's opinion, which he produced, and wanted me at once to put my resignation in his hands. I laughed, and said, Mr. Mercer, you are very hasty, but this is a very serious matter to me, and I shall not do it until I am fully secured in the payment of £300 a-year. He proposed that I should go to Simcoe. I declined, but said I would go to Toronto, as Mr. Galt was my counsel, and I wanted to see him. A few days after, I came to Toronto-called on Mr. Galt, first alone, and afterwards with Mr. Mercer; told Mr. Galt all about the proposal, and consulted him as to how I was to be secured. Mr. Galt said I could be secured if Mercer had real estate. Mr. Mercer brought over his title deeds to property here in town. (I have no doubt that the property mentioned in the memorials produced is the same.) Mr. Galt drew up a memorandum in writing, which was signed by myself and Mr. Mercer, agreeing, that so soon as I placed in Mr. Mercer's hands my resignation, I was to receive £500 in money, and be secured in £300 a-year during life. Mr. Mercer was to run the risk of getting the appointment. I was to have nothing whatever to do with the Government, and whether he got the office or not I was to be secured in £300 a-year, or to be replaced in my office by his handing back my resignation. After the signing I placed my resignation in Mr. Galt's hands on the understanding that when the security was given, Mr. Galt should hand the resignation to Mr. Mercer. I left town, and the whole matter was arranged by Mr. Galt. Adjourned till Monday, the 3rd of May, at 11 o'clock, A. M.

COMMITTEE MET.

MONDAY, 3rd May, 1858.

On motion of Mr. Langevin, the room was cleared, and the Committee deliberated on the propriety of members of the Press being allowed to sit with the Committee, and it was

Resolved, That Members of the Press be allowed to sit with the Committee, but that they be requested not to publish the proceedings of the Committee until the evidence be concluded.

Henry Van Allan Rapelje, Esquire, again called in, and examined: [By Mr. Chairman.]

22. Will you be good enough to complete your statement of Friday to its conclusion? The necessary mortgages securing me in £300 a year for life were made out-I take this for granted from seeing the memorials-I have been paid £250 in cash on the £500, and hold Mr. Mercer's note for the balance of £500; part of the £250 I received then in town, and the other part after I returned to Simcoe.