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48. Alexander Rocke Robertson J (40), Theodore
Davie CJBC (45) and Angus McColl CJBC (47) died
at earlier ages.
38. Under Criminal Code, 1892, 55-56 Vict, c 29, s
274: “Everyone is guilty of an indictable offence and
liable to two years imprisonment who unlawfully supplies
or procures any drug or other noxious thing, or
any instrument or thing whatsoever, knowing that the
same is intended to be unlawfully used or employed
with intent to procure the miscarriage of any woman,
whether she is or is not with child.”
39. George Anthony Walkem J was born on November
14, 1834 in Newry, Ireland and died on January
12, 1908 in Victoria. He served as premier from
February 11, 1874 to January 27, 1876, and then
from June 25, 1878 to June 6, 1882. He then served
on the British Columbia Supreme Court from May
23, 1882 to December 1, 1903. He was one of
seven brothers and two sisters, several of whom followed
their barrister brother to British Columbia. The
prodigious and accomplished Walkem family, with
multiple members leading in law, politics and business,
in multiple generations, would make a worthy
subject of a published history.
40. The accused George Alexander Walkem was also
the brother of his co-defence counsel, Knox Walkem
(later QC) (the lead defence counsel was Joseph
Martin, KC). George Walkem went on to serve in the
First World War, before becoming a leading businessman
in the field of marine engineering, and MLA
for Richmond-Point Grey (1924).
41. The Vancouver Daily World (5 May 1908) 1.
42. R v Walkem (1908), 14 BCR 1. The British Columbia
Court of Appeal would not first sit until January
1910, after being created by the Court of Appeal
Act, SBC 1907, c 10.
43. Daily News Advertiser (23 September 1908) 9.
44. Victoria Daily Times (26 September 1908) 1.
45. The Province (9 October 1908) 1.
46. The Honourable Frederic William Howay & EOS
Scholefield, British Columbia: From the Earliest Times
to the Present, vol 4 (1914) at 743. The famous historian
FW Howay served as County Court judge in
New Westminster from 1907 to 1937, and is the
namesake of Mount Judge Howay near Pitt and
Stave Lakes: see David Crerar, Anders Ourom &
Harry Crerar, “Let the Sky Fall: Lawyers in the History
of British Columbia Mountaineering”, Parts I and II
(2017) 75 Advocate 55 –62 and 341–54. Nearby
Mount Bole is named after his Westminster County
predecessor.
47. Vancouver Daily World (28 December 1910) 1.
48. Vancouver Daily World (17 May 1916) 11. The
basis for the non-suit in the original case had raised
some controversy: Judge Grant had ruled that the
contract was unenforceable, having been discussed
on a Sunday, and thus in contravention of the Lord’s
Day Act, SC 1906, c 27. Judge Howay ultimately
ruled Judge Grant’s testimony to be inadmissible.
49. 1920 28 BCR 367. McPhillips JA was particularly
scathing to counsel who had originally sought and
obtained the order: “I again say the proceedings
taken were most unwarranted, not being supported
by one tittle of authority, statutory or otherwise, and
should never have been commenced.”
50. (1964) 22 Advocate 177 at 179.
51. Ibid at 179–80.
52. See generally Phyllis M Senese, Dictionary of Canadian
Biography, online: <www.biographi.ca/en/
bio/schultz_samuel_davies_14E.html>; Howay &
Scholefield, supra note 46 at 456.
53. The British Columbia volcano Mount Cayley, about
20 km west of Whistler, and identified as one of the
most likely in the Pacific Range to next erupt, is
named after his son, mountaineer and lawyer Beverley
Cochrane Cayley: see Crerar, Ourom & Crerar,
supra note 46.
54. Vancouver Sun (1 February 1933) 9.
55. After whom Rey Sargent Park, at Lonsdale and West
21st Street, in North Vancouver, is named. His middle
name is often erroneously spelled as “Alger”.
56. Harvey, supra note 7 at 3.
57. The Province (29 September 1942) 6.
58. The Province (13 December 1947) 1.
59. The Province (19 September 1933) 1.
60. (1952) 10 Advocate 153.
61. Vancouver Sun (24 November 1948) 2.
62. (1990) 48 Advocate 178.
63. Vancouver Sun (15 February 1944) 2.
64. “Lawyer Son Wins Before Dad”, Vancouver Sun (8
November 1949) 7.
65. Vancouver Sun (9 March 1945) 8.
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