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104. The Chairman.'] There is no reference in those papers to the man's character ? —Absolutely nothing. There is a letter on the file from the Justices residing at Helensville asking that a civilian Clerk of the Court be appointed. 105. Mr. Taylor.] Was a clerk appointed ?—No. The constable is still doing the duties. 106. Doing them satisfactorily ? —Yes. Ido not know what his name is now. I think it is Kelly. Kelly succeeded O'Brien. 107. At any rate, as far as you know, he is doing the work satisfactorily?— Yes ; we have no complaints. 108. A petition was received for the appointment of a civilian clerk, on the ground that the duties of Clerk of the Court interfered with his police duties ? —Well, on the ground that he had so many appointments. The constable who succeeded O'Brien was in the ordinary course appointed Clerk of the Court. 109. And he has had all the same offices ? —I suppose so, but I cannot say. 110. Colonel Hume.] 1 would like to ask Mr. Waldegrave whether O'Brien was sent to Helensville as Clerk of the Court, or whether some vacancy happening, and he being stationed at Helensville, was made Clerk of the Court ? —I am speaking from memory now. There was a civilian—l do not know what his other occupation was, but I think he was connected with local government—who was Clerk of the Court. He committed suicide. The constable who was stationed at Helensville, and whose name was Forman, was at once appointed Clerk of the Court. When Forman left, his successor—l do not recollect his name, I think it was O'Connell—was appointed Clerk of the Court in succession to Forman ; and when he left, his successor, O'Brien, was appointed Clerk of the Court. O'Brien simply took up the duties of his predecessor. 111. Can you give the date that O'Brien was appointed Clerk of the Court at Helensville ?— No, I have not got it here, but if you have got the date of his transfer to Helensville, that would be the date on which he was appointed Clerk of the Court. There has to be a fresh appointment for every man, signed by the Governor. 112. Mr. Tunbridge.] Do you consider the fact that Constable O'Brien omitted to serve that private summons, and employed outside aid to assist him as Clerk of the Court, would in any way reflect on his ability to discharge the ordinary duties of a police-constable ?—Well, of course, I do not pretend to be a judge of police duty. If you ask me whether I thiuk it demanded severe punishment as Clerk of the Court, I will tell you at once, No. 113. Is it not possible O'Brien may be a very efficient police-officer but an inefficient Clerk of the Court ?—Of course, that is a very common thing. 114. Do you consider, because he failed in carrying out his duties as Clerk of the Court successfully, that it naturally follows he will not be able to carry out his duties as police-constable successfully ? —Certainly not. 115. The Chairman.] Was he held to be performing his duties inefficiently ?—Well, we considered that it was not the proper thing for him to employ an outsider in his office, and he stated that he had not the time for the Court work. If you look at his handwriting you will see he is not a man cut out for clerical work. 116. Mr. Taylor.] I would like to ask whether your department has much trouble with constables who are Clerks of the Court, so far as performance of their duties is concerned?—No, certainly not. I think, on the whole, they do remarkably well. Considering they very often go to the Courts without any training, I think they do remarkably well, on the whole. 117. Mr. Poynton.] It is a very great saving?—A very great saving. It would be absolutely impossible to maintain Courts in the outside districts unless the constables were utilised. Of course, I know very well the Magistrates do not care about it, simply because they like to have a Clerk of the Court who is purely devoted to Court duties, and who can act as their clerk properly, and assist them in taking notes and many other things they have to do. 118. In many of these outside districts there are only thirty or forty plaints in the year, and it would be absurd to appoint a Clerk of the Court to do that work solely ?—Yes. 119. The Chairman.] Besides Clerks of the Court they are bailiffs?— Yes, nearly all of them. 120. You have not had many complaints about performing their duties as Clerks of the Court ? —No. 121. Have you had many complaints about their duties as bailiffs?—l should not say many complaints. We have complaints from time to time, but, considering the number of the constables, I should say the proportion is very small. 122. Are they complaints of a personal character or complaints of a general character—l mean of a character which affects the whole system ? —They are complaints more of delays. 123. Any complaints against the system ?—Oh, no ; and not complaints against the characters of the men. 124. There was a question raised about the system of constables having other duties to perform. The complaints which you have received with regard to the performance of their duties as bailiffs have been personal ? —lf you put it that way, it might be taken as complaints against individual constables. I would rather you said they were complaints as to delays, and not complaints of misconduct. 125. Mr. Poynton.] How many constables are employed as Clerks of the Court ? —Between eighty and ninety.
Satukday, 12th March, 1898. Arthur Hume : examination on oath continued. Colonel Hume: In continuation of my evidence yesterday, I wish to inform Mr. Taylor that I can find no complaint made by Mr. Tosswill, solicitor, against Constable Cooper. I produce a copy from the letter-book of a letter from the Defence Minister to Mr. A. W. Hogg, M.H.E., dated the 7th August, 1891, as follows: —
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