THE LATE POLICE MAGISTRATE AND HIS LIBELLERS.

Nelson Examiner and New Zealand Chronicle, Volume II, Issue 87, 4 November 1843, Page 346

THE LATE POLICE MAGISTRATE AND HIS LIBELLERS.

In compliance with our custom of refusing to no one the use of our columns in discussing matters of public interest, we have inserted the following letter. We confess we should have been better pleased if Mr. Beit had been satisfied with the verbal explanation which, in answer to his inquiries, was so readily given him ; but since he is so very anxious to exhibit to the public the diligence with which he labours in his new vocation, we cannot consistently refuse him, though it seems to us that he could scarcely have chosen a subject for his first display in which he was less likely to appear to advantage. To the Editor of the Nelson Examiner. Pro veritate vigilo. Sin — In your paper of the 14th instant, you notice, in chastising terms, the exaggerated statements and misrepresentations of the Southern Cross, and quote, as a fair sample of the whole, a paragraph, stating that a very numerously signed petition, praying for the removal of the late police magistrate, Mr. Thompson, on account of unfitness for his situation, had been presented. Upon this you observe — " Our fellow settlers need not be told how utterly false this is — that ho such petition was ever presented," &c. &c. Never having had an opportunity of knowing the late Mr. Thompson, I cannot possibly have any feeling for or against that gentleman, except those which common humanity inspires, that of sincere regret at his untimely end. I wish the following observations, therefore, to be considered as only applicable for the furtherance of truth in the statement of facts, without reference to individuals. '■ I arrived here on the 14th June, only two days after the unfortunate expedition had sailed. Within a week of that day, and before the disastrous event was known, I was requested by the manager of the local bank (Mr. M'Donald) to sign a petition, which was lying at his office for signature, and was already numerously signed, to the effect alleged by the Southern Cross, and praying for the appointment of a gentleman therein named in the room of Mr. Thompson. I refused to sign this petition, oh the grounds that I was too new in the colony to express an opinion — that it appeared to me an undue and presumptuous interference with the functions of Government — and especially that it was not couched in terms which could be favourably received by any public functionaries. I do not know whether this petition was ever "presented;" but, as I presume that you could not have been entirely ignorant of its existence, I have thought it right to recall your attention to the fact : and, requesting your insertion of the present in your next number, I remain, sir, Your obedient servant, Nelson, Oct. 23. John N. Beit. It having become known that the main feature of the above letter was an attempt to establish the gross falsehood and slander to which the Southern Cross had given publicity, the following communication was sent to us, which we most cheerfully insert : — To the Editor of the Nelson Examiner. Sib — Having read in the last number of your journal that a letter from Mr. Beit would be published in your paper of this week, and having heard it currently reported that the object of that letter was to assert, as had been falsely done by the Southern Cross, that a petition for the removal of our late lamented Police Magistrate had been drawn up and most numerously signed in this place, we trust that you will at the same time give insertion__io this brief account of the real facts of the case, that such an extraordinary misrepresentation may not appear without some accompanying comment, and that the public may have an opportunity of comparing the alleged with the real facts, and of drawing their inferences as to the motive of the person who could thus, for some reason best known to himself, be silly enough to make an asseition grounded upon a circumstance which, even to the mind of a child of six years of age-, would have suggested a totally different construction. When the late Mr. Thompson was appointed County Judge, it was of course universally known that he held the situation of Police Magistrate only until such time as the Government should appoint his successor to that office. When he became County Judge, of course he ceased to be Police Magistrate, and acted only in the latter capacity became there was no other person appointed. Subsequently a memorial was drawn up and moit numerously and respectably signed, stating that the memorialists considered Mr. Domett exceedingly well qualified for the office of Police Magistrate, and expressing their opinion that his appointment to it wouid give very general satisfaction. Was this a petition for the removal of Mr. Thompson ? Did thU imply any censure or disapprobation of his conduct ? It is really too ridiculous for any man who pretends to common sense or decency to make such an assertion. Mr. Thompson had, in fact, already been removed, and the memorial did not contain a single expression which affected him either one way or the other. Shortly after Mr. Beit's arrival this memorial was presented to him for his signature : the circumstances were explained to him, there could be no great difficulty in understanding them, and Mr. Beit appeared to

understand them at the time ; and yet we are in. formed that the falsehood of the Southern Crott is now about to receive corroboration from his pen. We can hardly believe this to be the case : it is difficult to imagine any one possessed of such obliquity of intellect. If the report which we have heard should have a real foundation, and if any letter to that effect should be about to appear in your next number, we must request of you to have the goodness to give insertion to this ; but we would fain hope that public report is wrong; the absurdity of such conduct would be too gross, and the falsity of any such statement much too palpable. We are, sir, Your obedient servants, C. A. Dillon, A. McDonald, D. Monro, _. , George Doppa, Nelson, Oct. 31. E. W. Stafford. Upon the foregoing testimony to the correctness of our observation on the statement of the Southern Cross, we might safely allow our case to rest : but Mr. Beit is critical, and insinuates that our denial of the statement was based on a quibble — " he does not know whether this petition was ever ' presented. '" In justice to ourselves, therefore, we will, before we finally dismiss the subject, lay a few of the facts before our readers, which will not only be quite conclusive on that point, but will clearly prove that Mr. Beit has deliberately stated that which he had the amplest means of satisfying himself was untrue. The Southern Cross stated, on the 15th of July last, that our late Police Magistrate had been represented to Mr. Shortland as a lunatic, and therefore unfit for his situation ; and that a petition, very numerously signed by the inhabitants, praying for his removal, " had been presented to Mr. Shortland when he was last at Nelson," which our readers will be good enough to recollect was in February. This statement we reprinted, and at the same time made the observation which Mr. Beit has quoted. The petition of which the Southern Cross speaks must, if it ever had an existence, have been dated not later than February, four months before Mr. Beit arrived in the colony ; that which Mr. Beit was requested to sign, and which he has the hardihood to say was " to the effect alleged by the Southern Cross," shall speak for itself. The following is a copy of the original draft, which is in the handwriting of the late G. R. Richardson, Esq., and now in our possession :—: — " Draft of Memorial, dated June, 1843. " To his Excellency the Officer administering the Government. " Your memorialists have understood that Alfred Domett, Esq., of this settlement, has applied to your Excellency to be appointed Police Magistrate for the district of Nelson ; and as they are convinced that it would be for the advantage of her Majesty's Government and for the benefit of this settlement to secure the services, in such a capacity, of a gentleman in whose probity and judgment they have the highest confidence, they venture, though at the r:sk of being accused of an uncalled-for interference, &o recommend to your Excellency's favourable consideration the application referred to, at the same time expressing their belief that such an appointment would meet with the approval of the settlement in general." If it were wanted, there is other equally conclusive evidence that the above document could not have been that alluded to by our contemporary : the memorial was presented in August, which, unfortunately for Mr. Beit, was several weeks after the falsehood was published. We trust we have said sufficient to show that the quibble of which Mr. Beit would accuse us belongs wholly to himself. His ostensible motive for writing — " the furtherance of Truth " — is doubtless most laudable ; but we fear Mr. Beit is one of those who hold the doctrine that " the end sanctifies the means." Be that as it may, he has not scrupled to insult a large majority of the most respectable of his fellow settlers by his statement, that the petition he was invited to sign " was to the effect alleged by the Southern Cross," to which statement the document 'itself gives the most complete denial. A recent number of the New Zealand Gazette has some observations on the importation of stock, which, however applicable to Port Nicholson, are not wholly so to this settlement. It appears that the Victoria brig, from Sydney, lately landed about sixty head of cattle, which were sold at an average price of £4. The Gazette assigns two reasons for

their realizing so small a price — the want of money, and the want of grazing land. We cannot deny but that the first want is felt here as well as at Wellington ; the general unsettled state of the relations between the Government and the Company having checked that emigration of capital which would otherwise have flowed here. Still, however, cattle have always brought a certain price, and £8 to £10 for heifers is the lowest which has been paid. This was the price realized for those brought by the Essex, which was the last cargo offered for public sale. The working bullocks imported in the same vessel realized from £18 to £20 each. The second want, namely, the want of grazing ground, certainly does not exist here. In. all the suburban districts, but particularly in the Waimea, there are thousands of acres of the very finest pasturage ; and it every day becomes more evident that the fern hills, which, on ourfirst arrival, were regarded with some dismay, will soon be covered with fine grass, and afford pasturage for an almost unlimited number of cattle and sheep. We wonder that so few of our settlers have turned their attention to stock ; for whether slaughtered for the shambles or kept for breeding, nothing can be more profitable. The expenses inseparable from stations in New South Wales are not needed here. There are no wild dogs, or mischievous natives to be guarded against, nor for many years will it be necessary to be at any great distance from the town. The losses from periodical droughts experienced in Australia we are also exempt from, as every gully has its stream of pure water, even in the height of summer. The principal difficulty in the way of our increasing our amount of stock, is the expense of freight and the losses often experienced on the voyage, which of course enhances the value of those that are landed safe. We cannot but think, however, that, were a little more care and judgment exercised, much of the loss sustained in this way might be obviated. It has more than once occurred that vessels with cattle which have been detained a few days on their voyage from Australia more than was calculated on, have arrived here without either food or water. It also frequently happens that the person employed to attend cattle on the voyage are unaccustomed to the sea, and for a great part of the way are incapable of performing their duties. A niggardly economy in this, as in a thousand other matters, frustrates the attainment of the object which is sought after.

To the kindness of the Captain of the Osprey, we are indebted for the Hobart Toivn Advertiser of the 17th of October. This paper discusses at considerable length the unhappy affair at the Wairoo, and throws the entire blame on the Europeans. According to this oracle of Tasmania, the whole proceedings of our late magistrates were illegal, and the version which is given of the massacre is that which appeared in the Macdonogh manifest. The editor says — " This was the first account. It has been partly denied ; but when we at a distance coolly consider the facts and the evidence, it bears too much the appearance of truth." Whatever " appearance 'of truth " the statement alluded to may have, the evidence on. oath of nearly a dozen persons has shown it to be false, which seems, however, to have but little weight with our contemporary. It would occupy far too much space to expose all the fallacies and misstatements with which the article in question abounds. According to this writer, the New Zealanders " strictly adhere to a contract once satisfactorily arranged;" the whole proceedings of the Colonial Government in relation to the Wairoo have been wise and just ; and the acts of the New Zealand Company have been characterized by folly, knavery, and injustice. The settlers in Cook's Straits are said to be " thoroughly frightened " by the natives. Perhaps so ; some, we know, have been frightened away. The colonists of Van Diemen's Land, we are aware, have no occasion to be frightened by the aborigines.

It appears that we were mistaken when we stated last week that the Mandarin, which had put into Hobart Town, had immigrants for this place. The following extracts from the Hobart Town Advertiser of the 17th of October shows that h^r destination is Auckland. Whether she may have any cargo for this place we are unable to say : — " October 15th, ship Mandarin, 425 tons, Smith, xpmmander, from London and Cowes ; sailed from <sowes 22d Jane ; general cargo. Passengers for Hobart Town, Mr. and Mra. Innis and two children, T. M'Gauran, Esq., surgeon, and fifty-one Government boys. Passengers for New Zealand, Mr. and Mrs. De Witte and daughter, Mr. and Mrs. Alkyns, daughter, and servant, Messrs. J. and G. Rhodei, Mr. Caukwdl, Miss M'Farlaoe, Mr. Alderson, Mr. Keuy, H. Amour, Mr. Taylor, Mr. Steadman, Mx. Apjohn, Mr. Hajr, wife, and

son, Mr. Roberstson, Mr. Durry, Mr. Picric, Mr. Denorra, Mr. Mortons, Miss Sewell, and thirtyone Government boys."

"The Mandarin. — There are on board this vessel 82 boys from the Parkhurst Penitentiary, Isle of Wight. Of these 51 are to be landed here, and 31 to be conveyed to Auckland, the seat of Government at New Zealand. About twelve months ago 96 of these delinquents from the same reformatory establishment were conveyed to Auckland in the St. George. A certain number of the boys were free to enter into engagements with the settlers when landed ; and the rest were apprenticed to those tradesmen who might require their services, under the auspices of a guardian, the whole being subjected to the especial surveillance of the police. The " Parkhurst Boys " are almost exclusively thieves, nurtured in vice, and repeatedly convicted in the Police and Quarter Sessions Courts of London, until they finally appear at the Old Bailey. After the arrival of the boys by the St. George, the number of robberies at Auckland was quadrupled, and the press of that settlement was loud in its outcry against a repetition of the experiment by the Home Government; as it seems now, without effect."

We believe it is intended that a public meeting shall be held on Tuesday next, to get up a memorial to Captain Fitzroy, to be forwarded to Sydney. At the same time, measures will be taken to raise a subscription for erecting a monument to the memory of our lamented friends. Notice will be given of the hour, and we hope the meeting will be well attended.

On Tuesday last the town was visited with one of the most severe storms of rain and hail that has yet been experienced here. We have not heard that any damage has been done by it, and suppose it was its singularity, more than any excessive violence of the storm, which attracted our attention.

A few months since, on the arrival of the Elizabeth with South Australian produce, we congratulated that colony on the change which five or six years had brought about. A second cargo has just arrived, consisting of sixty tons of flour, a quantity of excellent butter and bacon, and a few miscellaneous articles, which has met with a ready market in this settlement. As the superior climate of New Zealand will always give our own agriculturists an advantage over those of the Australian colonies, we see no reason why we should not ere long be able to compajte with any of them, in any market, as what has been done in South Australia may certainly be done here.