189

H.—2

96. Colonel Hume.] Did he ever take it up ?—I think he did, but I would not like to say from memory. 97. Mr. Taylor.] What I really want to get at is this : Whether in 1891 an order appointing him Clerk of the Court at Bketahuna was not made, and held back by the Justice Department at the request of the Defence Department? —Speaking from memory, I should say not; but I would not like to answer definitely without looking up the records. I will look up the records and let you know later. [Mr. Waldegrave left the room, and returned later in the day, continuing his evidence as follows: —] Witness: Mr. Taylor wanted to know about an appointment which he thought had been made of Constable Boche to the Clerkship of the Court at Eketahuna, in 1891. I have looked up the matter since, and I find that Constable Eoche was not appointed Clerk of the Court; at Bketahuna in 1891. It is quite true it was intended to appoint him Clerk of the Court. The position was this :up to the end of 1891 the Clerk of the Court at Masterton had been in the habit of visiting the outlying Courts from Master ton. He visited Carterton, Grey town, Featherston, and Eketahuna, as Mr. Wardell will recollect very well. In 1891 it was thought it would be an economical arrangement to appoint the constables at these places to be Clerks of the Court. By that means the travellingexpenses of the clerk would be saved, and also he would be able to do without his assistant-clerk at Masterton. In pursuance of that arrangement the constables at Featherston, Greytown, and Carterton were appointed to be clerks at those places ; and I am rather inclined, to think, although it does not appear on the papers, that there was no constable stationed at Eketahuna at that time, but that one was going there. I say at once, it was the intention to appoint the constable whether he was there or whether he was going there. That being the position at that time, on the Bth October, 1891—just at the time these changes were being made—the Clerk of the Court at Pahiatua, Mr. Eeeve, wrote, saying : " I understand that Mr. Preeth, Clerk of the Court at Masterton, will no longer visit the Court at Eketahuna, and that some change in present arrangements in connection with that Court is contemplated. Such being the case, I beg to make application for the appointment of Clerk of the Eketahuna Court. I can easily do the business in conjunction with the Pahiatua Court, as it is not much more than sixteen miles from here, and I have still a little time on my hands." Perhaps Mr. Taylor would like me to explain Mr. Eeeve's position. Mr. Eeeve was Clerk of the Court and Clerk to the County Council at a place called Waiau, in Canterbury. He was retired from the position of Clerk of the Court on the ground of retrenchment, and he finally found his way to Pahiatua, where he started in business as a commission agent. When it was decided to appoint a clerk at Pahiatua the appointment of Clerk was given to Mr. Eeeve on account of his former service, because it was thought he was entitled to some consideration, and he was perfectly familiar with the duties. He got some small salary—l forget how much it was, £10 or £12 a year—for the work. He applied to have this position as Clerk of the Court at Eketahuna conferred on him in addition to the clerkship at Pahiatua. The letter was forwarded through the Magistrate, with the note : " Forwarded for favourable consideration." The reply sent back to the Magistrate was: " I beg to acknowledge the receipt of your memorandum forwarding Mr. Eeeve's application for appointment as Clerk of the Eesident Magistrate's Court at Eketahuna. Will you be good enough to inform Mr. Eeeve that it is proposed to appoint a constable who will shortly be stationed at Eketahuna to be Clerk of the Court there, and so save travelling expenses." That was returned by Colonel Eoberts, who was then Magistrate, with a memorandum to the effect that Mr. Eeeve was willing to take the appointment. Then the Under-Secretary wrote back to the Magistrate, and said that if Mr. Eeeve " is willing to visit Eketahuna as often as may be necessary and do the clerk's work there for £10 a year, and if he will be content with that, and you concur, I shall be glad to recommend his appointment." The £10 a year, I may mention, is the amount allowed to constables for acting as Clerks of the Court. Of course, from a departmental point of view, it mattered very little whether we gave it to the constable or another person as long as the cost was no greater. Mr. Eeeve replied : "I am willing to do the work at the Eketahuna Court as per Mr. Haselden's memorandum of the 16th October, 1891 —that is to say, I am prepared to visit Eketahuna twice a month, as Mr. Freeth has been doing in the past, for £10 per annum, though, of course, £1 per month would be nearer the mark." Thereupon he was appointed on the Ist November, 1891, and that continued till 1893, when in response to local representations that it was inconvenient to have only a visiting Clerk of the Court, Constable Eoche was appointed clerk at Eketahuna ; but before he took up the duties I find he was exchanged with Constable Nestor, who was stationed at Amberley, and Nestor was appointed at Eketahuna, and the local constable, whoever he may happen to be, has been Clerk of the Court since. 98. Mr. Taylor.] Was not an appointment actually prepared for Eoche in 1891 ? —-No, nor was he notified he would be appointed. It was purely a matter done within our own department. 99. Did any one support Mr. Eeeve's application ?—lt was supported by both the Magistrate and the Under-Secretary. 100. No outside references ?—Absolutely none. 101. Have you got a report by Mr. Bush, S.M., on Matthew O'Brien, as to O'Brien's conduct at Helensville ? —Yes. What do you wish to know ? 102. The nature of the report?—lt was a report forwarding a copy of a memorandum which had been sent by the Magistrate to Constable O'Brien, who was Clerk of the Court at Helensville, telling him that he was not to employ outside aid in doing the work of his office. It had been discovered that he had been employing a local resident to assist him in the work of the Eesident Magistrate's Court. The constable stated that he had employed this outside aid in consequence of over-pressure of police duty. The correspondence was forwarded to the department. The constable did not stay there long after that. He was replaced by another constable. Mr. Bush also complained that O'Brien had omitted to serve a summons on a witness. 103. Do you know where Mr. Bush is now ? —He is stationed at the Thames.