The tragedy of judicial errors took on great importance to colonial authorities as soon as it was known that Ned McGowan was a part of the conflict between the leaders of the two mining communities.

McGowan's reputation in the San Francisco papers had preceded him to British Columbia – so much so that when he first arrived in Victoria he was summoned by Governor James Douglas, who instructed him to conduct himself accordingly in the Queen's domains.

In San Francisco, McGowan had a violent personal quarrel with a member of the Vigilance Committee which precipitated a meeting in the fire hall, the Law and Order group's headquarters, at which they chose to make their sudden departure to the newly found Fraser River gold fields in what was then called New Caledonia.

However, the great mass movement of men from California to the Fraser brought many members of the Vigilance Committee, including the individual McGowan had had the violent personal conflict with in San Francisco (a Danish doctor and dentist, Dr. Fifer).

The incident that provoked the war took place when one of the men from Hill's Bar assaulted Isaac "Ikey" Dixon, Yale's Black American barber, at the Christmas Dance in 1858.

[9] McGowan, given the status of special constable by Perrier, threw open the jail and set all the prisoners free[10] and brought magistrate Whannell back to Hill's Bar by boat.

"[12] The story, as relayed to Victoria by Vigilance Committee messengers, was that Ned McGowan had launched an attempt to overthrow the British authority in the new colony and declare the gold fields to be part of the United States.

Given McGowan's unsavoury reputation, the combative nature of the incident which had the two communities up in arms caused significant alarm in the colonial capital of Victoria.

[14] Moody had hoped to begin immediately the foundation of a capital city, but upon his arrival at Fort Langley he learned of the violence at the settlement of Hill's Bar.

Moody describes the incident thus: The notorious Ned McGowan, of Californian celebrity at the head of a band of Yankee Rowdies defying the law!