THE HORSEWHIPPING CASE.

Observer, Volume v, Issue 115, 25 November 1882, Page 163

THE HORSEWHIPPING CASE.

The great sensation of the week lias been the assault committed by a Samoan trader named Frank Cornwell upon Mr C. 0. McMillan, of .the firm of McArthur and Co. The assault was committed on Saturday afternoon, the 18th, in Queen-street with a horsewhip, and the assailant was subsequently apprehended on warrant, and admitted to bail. There has been no case for many years past that has created so much difference of opinion. Though practically unknown in Axickland, Mr Cornwell has found many friends, and on the part of these there has been a determined endeavour to work up public sympathy in his favour. It is no secret that during a long course of extensive business transactions in Auckland and elsewhere Messrs McArthur and Co. have made some enemies, and they would be more than human if they escaped from that common penalty of an active and successful career. It is laid to the charge of the firm that they are addicted to somewhat harsh practices in their relation with customers, bj allowing them to incur liabilities for goods, and then taking the- first opportunity of seizing their estates and realising tlieui 2t- a large profit. Stories of this kind have been freely circulated during the week, mostly by persons who have at various times quarrelled with the firm of McArthur and Co. on questions of business, and have since been hostile. For ourselves we are not concerned to enquire whether or not there is any foundation for these statements, more particularly as they have no immediate bearing on the present case.

We cannot approve of the horsewhip as a means of adjusting personal differences, and matters of business. Horsewhipping is one of those rongh and ready processes m which the merits of the case are likely to be obscured, and mere brute force and audacity to carry the day. Among a certain class of persons, who have a morbid taste for sensational display and exhibitions of brute force, which often pass for proofs of courage and the natural resentment of temper smarting under a keen sense of unredressed injuries, the man who resorts to the use of the horsewhip is accounted a hero, and is sure of some degree of sympathy. But it toD frequently happens that the assailant is in the wrong, and that he chooses this mode of ventilating his supposed grievance with the object of throwing a false halo of notoriety over his own. acts, and inflicting temporary humiliation upon an. 1 opponent against whom he is unable to show grounds for a moral or legal remedy. On other

grounds also the use of the horsewhip is equally unsatisfactory. It is calculated to lead to lawlessness, and to a recourse to the revolver and bowie-knife. We live under a free system of Grovernment which protects the humblest in their lives, persons, and property, no substantial wrong can go unredressed, and there is therefore no excuse for a man's taking the law into his own hands.

Of course both the parties in the case under notice put forward different versions of the circumstances which led to the assault. Mr Cornwell has been in Auckland some six or seven weeks, and during that period he has industriously circulated his own story of his relations with McArthur and Co., and has been actively engaged working up public sympathy. He has been for many years past a trader near Apia, where he possessed considerable influence with the natives through his wife, a Samoan native. About 1877 lie was introduced to McArthur and Co., and arrangements were entered into by which the firm was to supply him with goods, and he was to 6end back supplies of copra and other Island produce to be sold, by McArthur and Co. in Auckland on account. Cornwell alleges that it was distinctly stipulated that he was not to give bills for the goods, or to give security on his real property, but this allegation is so preposterous and entirely opposed to the ordinary principles of business that it is not likely to have much weight. Be this as it may the firm made large shipments of goods to him during a period of three or four years, amounting in the aggregate to fully £30,000. He alleges that the copra which he sent back purchased with the proceeds of the goods was not sold to advantage, but disposed of in a close market at below its real vaiue, and that in this way he suffered loss.

About six months after the commencement of business relations with the firm, Cornwell says he received a letter from Mr Larkins requesting him to give bills to cover some of the liabilities for goods received. He consented on the distinct understanding that these bills were to be renewed if he so desired, and that they should be given merely as an accommodation to the fii'm. On the other hand, the firm state that the agreement for renewal only related to one particular bill, and they scout the notion that a business like theirs could require accommodation bills from a man in tho position of Mr Cornwell. Subsequently, according to Cornwall's statement, a mortgage was given to McArthur and Co. over a portion of a block of land of his at Samoa, to cover a liability amounting to £5000, the area being subsequently extended at a lower acreage valuation of 4s. Shortly afterwards he received notice that the firm would close accounts with him in twelve months from that date, and that if he did not satisfy all demands the mortgage -would be foreclosed. He went to England, and during his absence found that certain proceedings had been commenced in the Supreme Court of Fiji which jeopardised the whole of his estate. These proceedings he defended, with the result that the firm recovered the judgment on the bills, and proceeded to issue execution upon his land, which ■was offered for sale by auction and fetched a ridiculously low price, one enormous block being sold for £100, and others for sums proportionately small. He further makes some very serious charges against a respectable solicitor at Samoa, whom he accuses of having endeavoured to intoxicate and illtreat the native woman in order to induce her to give up certain deeds which -were in her possession. Mr Cornwell relies on the fact that Samoa is foreign territory and therefore not subject to execution upon a judgment/ obtained in a British court of law, in which view we believe he is supported by one of tlie best legal authorites in Auckland.

Of course the version of the transactions between the parties given by the firm of McArthur is totally at variance with the above. They state — and their allegations are corroborated by their employes and documentary evidence - that there was no request or necessity for accomodation bills from Cornwell, and that bills were only demanded when it was discovered that instead of remitting payment for the goods either in cash or copra he was speculating largely in land. When he failed to meet the bills and renewals were demanded to meet his convenience, collateral security was taken by a mortgage over a portion of one block of land. It was, however, discovered that he had considerably exaggerated the value of the land, and Mr Utting went down and induced him to extend the area and reduce the estimated value per acre. Whatever shipments of copra or other Island produce were sent up were disposed of to the best advantage and the proceeds placed to his credit in the ordinary ■way of business.

When it became apparent that there was no likelihood of any satisfactory business with Cornwell, the firm sent down a representative to interview him and come to some arrangement as to payment of outstanding liabilities, amounting to £6000. As the business matters continued to be unsatisfactory, in fact grew worse, McArthur and Co. instructed their agent to close the account, offering to take 10s in the £ and to reduce their claims by £2000. Cornwell evaded this proposal by going to England, and remained away for a considerable period, during which judgment was obtained against Jhim in the Supreme Court of Samoa. Against this judgment Cornwell appealed to the High Court of Fiji, which upheld the decision of the other court. The firm's agents then proceeded to realise upon the land, and if they Sid not do so with kid gloves, and with any philanthrophic regard for Mr Cornwell's feelings and pecuniary interests, it was not more than might have been expected under the circumstances.

But about this stage of the proceedings other overtures are made to Mr Cornwell with a view to arriving at an amicable settlement, which he rejects with a contemptuous remark that McArthur and Co may go to a place generally supposed to be warmer than the Equator. Subsequently. Cornwell comes to Auckland, and not only evinces no disposition to meet McArthur and Co., but refuses point blank all invitations to go to

the office to discuss matters. After a lapse of six weeks, he meets Mr McMillan, one of the partners in the firm on a Saturday afternoon, in Queenstreet after office hours,and accosts him. Cornwell was at the time talking to an acquaintance from Tonga as Mr McMillan passed. "Excuse me" said Cornwell to his friend " there is a gentleman I want to see," following Mr McMillan to a point immediately opposite the shop of Mr Knight, poulterer and fruiterer. He took hold of Mr McMillan's arm, and said " Do you know me ? I believe your name is Mr McMillan."

Mr McMillan replied in the ' affirmative, and Cornwell went on to say, " Allow me to introduce myself, I am an old acquaintance. Perliaps you do not remember me, my name is Cornwell." Mr McMillan : " Yes, of course, I know you." Cornwell : " Well, there are a few matters which I would like to talk over with you. I want you to explain them. They are very serious matters. lam entitled to an explanation." McMillan: "It is past my office hours and I have an appointment. This is no place to talk about business matters, but if you call at the office on Monday I shall be glad to see you." Cornwell : "It is not a matter for choice. In mj opinion this is the right time to . talk about tho matters I have to bring under your notice." At this stage Mr McMillan began to draw away, and Cornwell raised a light riding whip (said to be lined with .wire) and struck McMillan a violent blow across the face. McMillan suffers from defective sight, and from an injury to his spine, and he was encumbered by his overcoat and umbrella, but lie made an effort to defend himself, and to rush his assailant. Cornwell, who is a stout built man, with considerable determination expressed in his face, then closed with McMillan, and tripped him up, ■throwing him on his back, and seizing him by the throat.

At this stage of the encounter a compositor named Phillips rushed across the street, wrested the whip out of Cornwell's hand, and pulled him away from McMillan, who got up much shaken, dust-stained, and out of breath. Cornwell then assured the bystanders that if they knew all the circum stances they would approve of his action. By this time a crowd had collected, and Cornwell quietly walked away to the Scotia Hotel in Hobson-street, while Mr McMillan proceeded to the Court-house and laid a criminal information against his assailant, who was subsequently arrested by Sergeant Clark, and compelled to proceed to the police station in company with two or three friends. Mr Cunningham, clerk of the Court, was brought from Ponsonby in a cab, and Mr Cornwell was released on bail, his sureties being Messrs Linabury and Fenton. The case came on for hearing on. Monday, was adjourned till Tuesday, and again fnrther adjourned till Friday (to-day) on the application of Mr Tyler, who appears for the defendant, Mr Cooper being retained for the prosecution.

We have gone rather fully into this case in order to prepare the reader for the evidence which will he produced at the hearing, while we have carefully avoided anything calculated in the slightest degree to prejudice the end sof justice. So far, however, it seems pretty clear that Mr Cornwell is decidedly the gainer. He still owes a large sum of money to the firm, he has inflicted a horsewhipping and some humiliation upon Mr McMillan, and has posed as a hero in the estimation of a certain section of the community. On the other hand, the firm of McArthur are still considerably out of pocket by their transactions with Cornwell, and would even now be glad to compromise their claims for a payment of 10s in the £. On Wednesday MiMcMillan was so prostrated that his friends recommended that Dr Philson should be called in to attend him.