H. -19b

51

New Zealand Defence Act, 1908. The charge made against Captain Knyvett was that he had been guilty of insubordination in bringing charges against his superior officer It was true that this charge was not in the terms of the charges investigated by the Court of Inquiry, but any one who read Captain Knyvett's evidence as taken down, by the shorthand reporter would see that Captain Knyvett recognised that he was charged with insubordination. The charges of insubordination were heard, not tried. Captain Gaudin: Those two charges were dropped, were they not? Dr. Findlay: I think it would be-better to allow me to proceed. Under the Act, proceeded Dr. Findlay, the Court's duty was to send on the evidence. They did so, and that evidence was considered by Colonel Tuson, to whom every one should accord the acknowledgment that he was an honest English soldier. [Mr. Parr :We do not deny that.] Colonel Tuson made a recommendation, and such recommendation coming from a careful, impartial, and experienced officer was adopted. A deputation then waited on the Prime Minister, and placed certain evidence before him. This evidence was sent on to Colonel Tuson. The only question Colonel Tuson wanted to know was whether the proceedings in law were invalid, and the matter was referred to him (Dr. Findlay) and the Solicitor-General. They arrived unquestionably at the decision that there was nothing to warrant the proceedings of the Court of Inquiry being quashed. That was thenopinion, and if it was wrong he was sorry for it. The Prime Minister accordingly acted on that view He asked the deputation if they could find anything in the Defence Act which provided for a retrial. He could not. The Government had acted on the view he took. He was responsible, and he was prepared to accept the responsibility. Mr. Parr: Does that conclude the matter, then? Dr Findlay: Ido not say that. If ample and sufficient ground was shown some remedy might be found! It seemed to be the impression that the Government, had acted in a- way which one speaker thought fit to term brutal. This, read in conjunction with the resolution, showed that it was thought that the Government had acted in a malignant manner to a very worthy officer. He had the greatest admiration for Captain Knyvett, and he felt regret in coming to the decision he did, but one of the first essentials in military matters was a loyal and even rigid submission to the rules that controlled it, Instead of acting in the manner it did -uld have been much easier for the Government to have granted what the deputation asked. The Govern ment had not adopted this course, as it had a duty to perform and did D £ Findlay stated that he intended to impress upon the Cabinet the feeling in Auoktand he had gathered it in the last day or two, and to explain the reasons for the resolutions which the deputation had handed in. The deputation then withdrew.

APPENDIX No. 9. [Extract from ib&lAuckland Star, of 17th. February, 1910.] f" E SmSS* J Murdoch, and'R waiJ on the Hon. G. Fowlds and the Hon. n \ Hlav at theMinLterial Rooms, Customs Buildings, yesterday afternoon, to lay before £ S aJJLieTSr of the resolutions passed at the mass indignation meeting in His Majesty's Theatre on Monday night. Mr* 0 H. Poole briefly the n '^/ r %CSrmkf he'said o ;tlined P men of all shades of poUtioal feeling-strong mg held on Monday mgnt, ne wi , Socialigts . There was an almost unanimous feelGovernment supporters, oPP oSltlonlst *' Knwett had not received fair treatment, and ing in Auckland City and Province that -Captam need & most gearch _ the" facts called Department. He did not propose to ing inquiry into the whole adminibud io conversant with the facts of the case. Even Stlt^hSTr'.^ ln oi"S '4"..™0™ the jlshln? ™« out « .«« o< to we the p»bho m.nd lor «>™ "" J '„,„!„,. II toe «tert«i,,i ß g tlwe opinijM were oL™it\" insiiJd it . ver, mild .o m m«i..«.».