ARRIVAL OF FORTY OF THE ARMED CONSABULARLY FROM HOKITIKA.

Westport Times, Volume II, Issue 221, 16 April 1868, Page 2

ARRIVAL OF FORTY OF THE ARMED CONSABULARLY FROM HOKITIKA.

Forty rank aud file of the Armed Constabulary, under command of Captain Cunnnings aud Mr M'Donnell, arrived in town by the Bruce yesterday morning early. About 10 o'clock they debarked, and headed by their drum aud fife band, marched up the street to the store lately occupied by Messrs "Wittkowski, where they will remain until their departure, which was announced to take place in the Bruce this day. A desire, however, sprang up in the town for retaining their services, aud a meeting was convened at the Adelphi Theatre, and was largely attended. Messrs Pitt, Hildreth, Millen, Monro, Gillibrand, Turner, and others were on the platform, and the body of the hall was half full of the most respectable portion of the community. A resolution was unanimously carried to the effect that a committee be formed to wait upon the Commissioner to request him to retain the services of the armed constabulary at present in VVestport. Pursuant to the resolution the gentlemen appointed waited upon Mr Kynnersley, and urged upon him the necessity there existed for retaining the armed Constabulary here, and at eight o'clock a public meeting was held in the Assembly Rooms, at which Mr Harry Pitt took the chair. He stated that although he and the other gentlemen of the committee had waited upon the Commissioner he had given his unequivocal denial to their application, and ordered the troops back to Hokitika. Mr Pitt stated that the matter was urged upon the Commissioner with all the force possible, but with no effect.

(A voice—Let Mr Kynnersley go with the troops). Cheers. Mr Hildreth, one of the deputation, stated that on their calling on Mr Kynnersley, he had assured them that all was quiet at Addison's, and read certain resolutions passed at a public meeting at Addison's to the deputation in support of this assertion. Mr Kynnersley told them " that although he had been frequently to Addison's he had never been insulted, and that everything is quiet; and he had come to the conclusion that no armed force vvao -uccessaiy, and that if people would thrust themselves upon the G-overnment, assisted by the press, they were the only disturbers of the peace and not the Addison's Flat men. He stated that no Fenianism existed." But this, gentlemen, is in the face of the fact that the crown and standard were trampled on. (Cheers). _ Mr Munro, another of the deputation, said thought the errant would be a fruitless one. On our being introduced to Mr Kynnersley he took exception to the part of the address where you affirm that the people of Addison's are riotously inclined. (A voice—He is one of them). Mr Kynnersley told them that no reason existed for the force to be retained. He (Mr Kynnersley) told them that he had been better received at Addison's than at Westport, and if any disaffection existed it was in Westport, and if constabulary were wanted, it would be here. Mr Kynnersley stated that the men at Addison's were, a quiet, peaceable' right-minded, inoffensive and honorable body of men, and he had no fear of any revolutionary action, but he repeated he would not be answerable ; if people, and press, indulged in inflammatory speeches and leaders, for the men at Addison's would have cause to revolt. Mr Kynnersley concluded by saying, that the word loyalty stunk in his nostrils. I hope if Mr Kynnersley is consistent, be will arrest the proprietors and editors, and also the speakers who spoke so warmly on the third of April. (Cheers.) (Three groans for Mr Kynnersley most heartily given.) Mr Pitt, chairman, tried to keep order.

Mr Monro continued by saying he hoped the Volunteers would keep their arms and attend to their drill.

Mr W. Pitt was called on, and spoke as follows :—I came here as a listener. He then went into a private matter with Mr Monro. He (Mr Pitt) thought that the sending the volunteers away was a mistake, and he had told Mr Kynnersley so. He concluded by defending the policy adopted by Mr Kynuersley.

One of the men who were in the procession when it was attacked, and who had since been unable to return to that locality of peace and quietness, stated that only the " Ited, White, and Blue" was sung by them, and the whole effort of the committee was studiously to avoid giving offence to any one. Hedefended the men who ran, from the charge of cowardice, stated that the procession was panic stricken when they were as-

saulted, and claimed to be with the rest quite as individually brave as Mr Kynnersley. He stated that the horses were pushed off the road, undone female fell off, who was extricated by him. The man who bore the crown in the procession stated that he had tendered his evidence against O'Brien and Duffy, and had not been brought forward. Mr Harrison was called, and in a capital speech, urged upon the volunteers, the desirability of their keeping their arms, and doing all in their power to become efficient* volunteers, and advised the people, if they had any complaint against the Commissioner, to memorialise the Government to remove him. (Cheers.)

Mr Morrison, in one of his usuallyenergetic speeches, coincided with Mr Harrison's remarks, and urged upon the meeting-, to preserve in all its integrity, the Constitution of Britain. (Loud Cheers.) A vote of thanks proposed by Mr Morrison, and seconded by Mr Hildreth, concluded the business of the meeting. RESIDENT MAGISTRATE'S COURT, WESTPORT. (Before J. Giles, Esq., M.D., R.M.) "Wednesday, April 15. GEORGE SOMNER V. FRANCIS HARRIS. This case, adjourned from vesterdav. was called. J Mr Harris, deposed—The charge for £5 for supervision, would be a fair charge if the contract had been completed, as it is the Committee are prepared to pay £3, and they consider that a fair and reasonable charge. The tank, for which £9 is charged, I prove by his own showing is charged 23s more than it should be. With regard to the bricks, the Committee met on the 23rd December; at that meeting Mr Somner put in a letter offering to complete the building for £255. Previously I had raised a discussion about the bricks, and it was after this discussion that the tender was put in. Mr Somner, as overlooker, should have seen the bricks on the ground, and if he has been misled it is his own fault. By Somner—The price of the' tank was passed by the Committee. I have received no orders to stop payment. I am only acting to the best of my ability. I stop payment on my own responsibility, as I am bound to do the best I can, after having been, summoned to this Court. I believe you stated that you did not know whether the bricKs were on the ground or not. Mr Garrard put the pegs in the ground, to give M'Donald the boundary.

By Dr Giles—l arrive at the sum 1 have paid into Court as follows Balance £1,5 o 0 Tank 9 0 0 Superintending building 3 3 0

-do £57 3 0 ±sy Somner—You agreed to superintend the building for 5 per cent. Mr Tyler, deposed—l was present at a Committee when Mr Somner was also there. He made an offer to complete the building, and his offer was reduced to writing. I recollect a discussion taking place about bricks. This was before the contract of Somner was put in.

By Mr Somner—l do not know what you did, and I do not know what is a fair price for supervision, so I cannot state whether £5 is a fair charge or not.

Dr Cottrell, deposed—l was present at a Committee meeting, at which the completion of the building Avas mooted. The price put in by Mr Somner was £255. I remember Mr Somner saying that if the bricks were on the ground he would do it cheaper. By Mr Somner—lt was said at the time that the materials were the property of the Committee, and that you were to use them in the contract. Mr Parry—l was present at the meeting before spoken of. The discussion regarding bricks was before Mr Somner put in his tender. By Mr Somner—l was aware that by a clause in the agreement all inaterals belonged to the Committee. Ido not remember seeing any corner pegs on the ground. Dr Giles, in giving judgment, thought the preponderance of evidence with regard to the bricks, was in favor of the defendants. "With respect to the charge for superintending, I think that item as charged must stand. ' The judgment for the plaintiff will therefore be for £59 with costs, against tho defendants.

Before T. A. S. Kynneiisley, Esq. KM., and J. Giles, Esq., M.D „ NAYSMITH V. DUFFY AND O'BRIEN. ASSAULT. Adjourned from yesterday. Mr Kynnersley wished to know from the Inspector whether he had any

snore evidence to produce. The Inspector stated that he had not thought it necessary to bring any more witnesses ; if he had thought it had been a Crown prosecution he might have done so, but as it was, he did not think that the witnesses he might have brought forward could prove anything against the two prisoners charged before his Worship. Mr Pitt then rose and addressed the Bench for the defence. The Magistrate read over the depositions to the prisoners. Duffy declined saying anything. O'Brien called Francis M'Greggan, who stated as follows—l am a cordial maker. I remember the 3rd April, as the procession passed down the street. I was standing with O'Brien at his door, :and was with him during the whole time the row took place, so that he could not have been throwing stones. O'Brien's store is two hundred ir three hundred yards from -where the the disturbance took place. By Mr Pitt—l threw no s!:ones. O'Brien threw no stones. The disturbance lasted only a few minutes. I saw stones thrown opposite O'Brien's. I heard O'Brien tell a man not to "rffitt.

By Mr Kynnersley—l did not see him put his hand on any one's shoulder.

¥m. Redman, sworn —I saw the procession come into Addison's about 2 o'clock. I was near Mr Gallagher's store. About twenty men were standing by me. No stones were in then* hands. The horses were pushed off the road. I heard the miners say stop, you have come far enough. They then picked up stones and threw them. I saw neither O'Brien or Duffy throw stones.

The Commissioner singled this witness out of the people in Court, and remarked that he thought by his face he knew something about it. " Immediately after his leaving the Court, we heard him (Redman) say, well he got nothing out of me." Mr Kynnersley, then discharged O'Brien, as the evidence throughout was very meagre against him, and was corroborative of that of the witness he bad called for his defence. He discharged Duffy, as regarded the indictable offence,but bad him immediately arraigned on a charge of common assault. Mr Pitt applied for an adjournment, but the Bench decided to take evidence for the prosecution. The Magistrate then read over the evidence of Naysmith and Hooker, and Mr Pitt failed to shake their testimony, and did not subceed in proving that •any party songs were sung by the processionists.

Mr Pitt applied for an adjournment, aud after being undecided for some time, whether to go on with the case without his witnesses, or get it postponed, finally decided to let the case stand adjourned. The Inspector of Police, claimed the right of producing further evidence if necessary.

The Magistrate then adjourned the case until to two a.m. this day. Mr Kynnersley then remarked, that the Inspector was quite right in not making the case the subject of a public prosecution, until he knew what amount of evidence would be adduced. He said a miserable little street roiv at Addison's, had been tried to be magnified into a serious riot. If the Inspector could find out that the affair was premeditated, and could bring the ringleaders forward, it would be the subject for a serious charge. The Magistrate (Mr Kynnersley) then called Naysmith, and questioned him in regard to the remark that he had made in Court, that if he prosecuted at this trial he would not be allowed to return to the Flat. His Worship told him if he could prove this language he •ought to summon the party, and he would be bound over to keep the peace. He told Naysmith that he had done his ■duty on the matter hitherto, but he was sorry to say that many persons who had stated things with regard to the assault, had not sufficient pluck to come forward and substantiate them in open Court.