H.—26
regard to the accuser. No witnesses were called by Mr. Hislop, all those whom he desired to examine having been subpoenaed by Mr. Hanlon. Mr. Pirani was subpoenaed, but declined to give evidence in support of his charges. The facts of the case proven before us are the following : — In 1895 James Jones made application for a service certificate, and a schedule of his services was forwarded to the department, signed by Captain Williams, of Wellington. The services therein set out were scrutinised by the officers of the department, and a large proportion of them struck out, thus reducing the term of Jones's service below that required for the issue to him of a service certificate. Jones appealed to the Premier, on whom certain deputations also waited. Jones was well known as an exceptionally good seaman ; and, owing to the destruction and absence of records and to Captain Williams's statement of his services, there appeared to be some doubt whether his application should have been rejected by the Marine Department. In February, 1896, the matter was referred by the Premier to Mr. Glasgow, and the rejection confirmed by the latter (page 6). This was communicated to Jones, who then made a fresh appeal to the Premier, on whom a deputation also waited on the subject. Certain further testimonials were also sent to the Premier, and forwarded by him to Captain Allinan, with an inquiry whether anything could be done for Jones. Captain Allman replied in the negative, though admitting Jones to be " highly qualified." The matter then remained closed, though liable at any time to be reopened on proof of further service by Jones. In April, 1897, the Premier left Wellington for Manukau in the " Tutanekai" on his way to England; and on that trip was further addressed on Jones's case by the late Captain Fairchild, who, from his own observation, was of opinion that he (Jones) had served the time. Thereupon the Premier sent a memo, telegram to Mr. Hall-Jones, Minister of Marine, as follows: — Hon. W. Hall-Jones, Wellington. Onehunga, 17th April, 1897. I should be glad if you would have the question of issuing certificate to Captain Jones, of " Duco," settled. Prom the papers presented to me lam of opinion that he is entitled to what he wants, and much better qualified than ,of . Captain Allman thinks that he is highly qualified. E. J. Seddon. Mr. Hall-Jones consulted with Captain Allman over this telegram, and decided that, as there was no fresh evidence in the matter, nothing should be done. This concludes the whole connection of the Premier with the application of Jones for any certificate. No communication whatever on the subject passed between him and the Minister and Department of Marine from the date of the last-mentioned memo, telegram in April, 1897, to the speech of Mr. John Hutcheson in August, 1898. With these facts proven, it is hardly needful to advert to the second charge made by Mr. Pirani —viz., that Mr. Seddon boasted to Jones that he had procured for him a certificate of competency. This charge is obviously founded on a declaration signed by Jones (page 23), in March, 1899 ; but in examination before us Mr. Seddon denied having used any such words as those attributed to him, or any to the same effect. Three witnesses were produced who were present at the time—in a cabin 10 ft. square—and who could certainly have heard the words if spoken, and did not hear them. The only witness in support of the charge was Jones, who stated that every word spoken about him by Mr. Seddon was "gospel truth" (page 124), and contradicted himself and his own declaration in such a manner as to show that not the slightest reliance Could be placed on his testimony. We are of opinion that Mr. Pirani has entirely failed to prove any of the charges made by him against the Premier. With respect to the certificate of competency, the questions of fact are more difficult to decide, owing to the complication of contradictory evidence. It appears that about three weeks after Mr. Hall-Jones received the Premier's telegram of the 17th April, Mr. Jones visited him and requested him to reconsider his decision touching the certificate of service, which he declined to do. On the next day but one Jones called again, and Captain Allman was sent for, and at that interview the examination for master was first mentioned, and also
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