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166. Mr. Taylor.] Well, this whole transaction in connection with McGill was a most unusual one ?—I never had occasion to take a constable into my office before. It was unusual in that way. However, there is the whole transaction from start to finish. 167. Of course, he did not cease to be a constable when he went into your office ?—Certainly not. 168. Mr. Tunbridge.} Does not Sergeant Bell, at Dunedin, get extra pay in addition to his rank as sergeant ?—I cannot say. He is an exception altogether. He was a Civil servant, and was taken over from the Provincial Government. 169. Mr. Taylor.] Have you Constable Treanor's papers? —Yes. 170. Will you read the correspondence connected with a charge of cattle-stealing against a man named Gower, in which Constable Treanor was concerned? —A gentleman named Leslie M. Monckton wrote to me as follows :— Sib,— Woodville, 25th July, 1895. There are certain circumstances connected with a recent cattle-stealing case in this district which I think it necessary to apprise you of. You are no doubt already in possession of information as to the lifting of about twenty of our cattle from Mr. Gaisford's paddocks at Matahiwi, and their sale in Abraham and Williams's yards in Palmerston, by a man named Gower. We first learned for certain the facts on Sunday last. On the next day, as soon as we learned who the vendor was, we saw the constable here, and laid an information against Gower. I swore an information. A warrant was made out for Govver's arrest, and I, at Treanor's request, went up with him to effect the arrest. Gower was not at home. Treanor asked me to come up with him next morning. When I went up to his (Treanor's) office he said he had since consulted with Mr. Motley, J. P., and tViat that gentleman thought that issuing a warrant for Gower's arrest was too drastic a measure, and that it would be better to proceed by way of summons. He would therefore do this. I warned him that if he did it was quite certain that Gower would clear out of the district, as he had not the smallest chance of escaping conviction. He (Treanor) insisted that it would be best to proceed by way of summons. I said, " You must take the responsibility in the matter. If you say that that is what must be done, then do it." A fresh information was laid accordingly, and a summons was taken out. Gower subsequently met me in the town, and offered to make full payment for the cattle if proceedings were stayed. He also sent another person to me with a similar offer. Mrs. Gower also came down to our house, and made a similar offer on her husband's behalf. We, of course, refused to listen to any of them. Seeing that Gower was still at large, my brother and I, and my brother-in-law (Mr. Oarlile) went up last night to see Treanor, and again warned him that unless he acted with promptitude it was quite certain that Gower would clear out. He said in the presence of us all that it was on Mr. Motley's advice that the warrant had been withdrawn; that he now felt that the case was one in which the man should have been arrested; and that he would have him arrested at once. As you are aware, when he did go to arrest him he found he was not there. Yours, &c, The Commissioner of Police, Wellington. Louis M. Monckton. 171. What action did the department take in regard to Treanor's conduct ?—The Inspector held an inquiry, and his report is as follows : — Police-station, Napier, 3rd August, 1895. In accordance with your instructions I proceeded to Woodville, accompanied by Detective Kirby, on the 29th ultimo, and on the following day made full inquiries relative to cattle-stealing case, and, as result of same, I am of opinion there is a clear case of stealing Monckton's cattle against Gower. I took the statements of Messrs. L. M. Monckton, Gothard, and Constable Treanor, which are attached hereto. These papers will show, I think, that Mr. Monckton wished to proceed against Gower by summons. Mr. Monckton also informed me that he told the Magistrate and constable that he would not be responsible in any way for offender's arrest. In my opinion, Constable Treanor should have used every effort to effect arrest from the time he received the warrant, and that it was an error of judgment on his part in holding over execution and countenancing issue of summons. lam rather astonished at his action in this respect, as he is an intelligent, active, and good policeman. He no doubt acted in this case to the best of his ability, and thought what was being done was in the interests of justice. He, with Mr. Motley, J. P., no doubt took into consideration the fact that the accused had resided in the district for twelve years, and had borne a good character, and considered by all as an upright man. The Commissioner of Police. John Embeson, Inspector. Then I went up to Woodville after that myself. I made some inquiries there, and then I wrote to the Minister of Defence, — Since writing my minutes of the 9th and 10th instant I have visited Woodville, and from all I could learn there Ido not think the constable is much at fault. He certainly did not at once execute the warrant, as he should have done ; but, on account of the standing and general character of Gower, I believe had he arrested Gower and taken him to the lockup there would have been a general local outcry that unnecessarily harsh treatment was being used towards Gower. One and all the respectable inhabitants of Woodville, speak in high terms of the manner in which Constable Treanor performs his duty. He has upwards of twenty-one years' service, and has no entry against him in his defaulter's sheet.—A. Hume, Commissioner. This is minuted, " Seen.—E.J.S." The constable is not now at Woodville, but in Auckland. 172. Do you think that any officer, after twenty-one years' service in the New Zealand Police Force, should be ignorant as to what his duty is in regard to a charge of cattle-stealing when an information has been sworn?—l think constables have always to be guided to a certain extent by what Justices of the Peace say. 173. Do you think all Justices of the Peace are qualified to guide your constables ?—ln some cases ; no, not all. 174. Do you think Mr. Motley was a man qualified to guide a policeman ?—I would not say he was or was not. Ido not know anything of him. 175. Do constables understand they are to go to the local Justices of the Peace to discuss their duties? —In this case the Justice of the Peace went to the constable. 176. Do you think, after an information had been sworn and a warrant issued for the man's arrest, that the constable has a right to enter into a conversation or discussion with a Justice of the Peace as to what his duty is ?—I think exactly as stated in my minute: "I do not think the constable is much at fault. He certainly did not at once execute the warrant, as he should have done." 177. I want to enlarge your expression of opinion, in which you refer to the general standing and character of the man in the community : Would you treat him differently to a poorer man ? —No. 178. In this case why should it apply?—lf I wanted to arrest you, or some one wanted to arrest me, they would know where to find me in Wellington, and I have no doubt they would know where to get you in Christchurch.
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