THE KYNNERSLEY ENQUIRY.

Westport Times, Volume II, Issue 313, 1 August 1868, Page 2

THE KYNNERSLEY ENQUIRY.

On Monday the Commission appointed by the General Government to enquire into Mr Kynnersley's conduct in connection with the disturbances at Addison's Flat, commenced their sittings in the Court House. The Commissioners, are as we have before stated, C. C. Bowen Esq., K. M. of Cbristchurch, and J. W. Hamilton Esq., Collector of Customs at Lytttelon. The enquiry was conducted with open doors, but very few availed themselves of the privilege of listening to it, and at no time were there more than a dozen present. The Commissioners sat at the table usually occupied by the legal fraternity, and Mr Kynnersley occupied the same position. In addition to those chiefly interested, Di" Giles R.M., the Inspector of Police, and "W. Pitt Esq., were in the court. Mr Bowen opened proceedings by reading the Commission. After this Mr Hamilton asked, as no witnesses had offered themselves, if Mr Kynuersley would make a statement or put in any document, adding that he (Mr Kynnersley) knew the nature of the case, as he himself had requested the enquiry to be entered into. Mr Kynnersley said that as he presumed no one would come forward, it would be expected that he would explain the reasons why he wished the enquiry to be held. These reasons he had stated in a letter addressed to the Oolojw.a Secretary about the middle of May_ last. He there said that certain seriousjehargeshad been brought against him, but he had refrained from noticing them till some resolutions were passed at a public meeting, which were of so specific a kind that on public grounds he thought it desirable an enquiry should be held on his conduct. The grounds on which he altered his original intention on the subject j were —First, that by those resolutions it would appear that a large number of persons considered him, though a magistrate, to be disloyal and disaffected, and if such was the case an enquiry was clearly necessary. In the second place it was resolved at a public meeting that a memorial should be prepared for presentation to the General Assembly, praying that a select committee should be appointed to enquire into his conduct, and such a committee he did not think could come to as satisfactory conclusions as a commission on the spot. Again, it was desirable that the enquiry should be held at as early a date as possible, for the circumstances were then fresh in the memory of the witnesses, and in justice to himself he applied for an investigation into the matter. For these reasons he desired the Colonial Secretary two months ago to hold an investigation into his conduct, and he then urged that it should be held at an early date. He was induced to write that letter by a report of a public meeting in Westport he read, appearing in the Westport Times, of April 28th. By that report it appeared that the hall was crowded, and that a certain set of resolutions, condemnatory of himself, were passed unanimously. (Mr Kynnersley here read extracts from the resolutions corroborative of this statement). By the report it would appear that these resolutions were carried without one dissentient voice. It was chiefly on this ground that' he wrote to the Colonial Secretary applying for a Commission of enquiry, and he considered, under the circumstances, that it was absolutely essential that an enquiry should be held when he saw that the people of "Westport were unanimously of opinion that an investigation should be instituted. He thought they should know better than he did, and he then sought the enquiry, and he applied for a commission in order that it might be held sooner than a select committee could be held. This had been conceded, but it appeared however, that no one came forward. He might state that he had not asked the enquiry for his own personal satisfaction, for "it was a matter of the utmost indifference to

him, but ho applied for it because the ' people of Westport had come to the conclusion that it was essential for the peace oi' the district, and the preservation of property that an investigation should be instituted. He had nothing more to say, and if the people of Westport who attended the meeting had reconsidered their resolutions and had come to the conclusion that it was possible to keep the peace he had no wish to gainsay it. He was prepared to answer any charges that might be made, produce any correspondence, and letters that he had written to the Colonial Secretary and the Defence Minister during the time that the disturbances were going on. One letter he had written to the Superintendent of the Nelson Province on the 18th April after the disturbance had ceased, and he might state that he did not wish to withdraw or alter a single letter or one word that he had written or spoken in reference to Westport or Addison's Flat, either to the General Government or to the Superintendent. Mr Hamilton enquired if the memorial referred to in the report of the meeting of the 2Sth of April had been adopted at the meeting. Mr Kynuersley did not know and had not enquired. He knew however, that it had been sent round for signature, and that about one hundred and twenty persons had signed it. It had been sent to Charleston for signature, and he had seen in one of the Hokitika paper what purported to be a copy of it.

At the request of Mr Kynnersley, a copy of the Leader with the memorial contained was obtained, and laid before the Commissioners. Mr Kynnersley then referred to Judge Richmond's charge in Nelson, and enquired whether it was proper on his part to remark on it. Mr Hamilton, after consulting with Mr Bowen said, that they had come to the conclusion that the remarks contained in the charge were not intended as a personal reflection on Mr Kynnersley, but rather they appeared in the. light of a general direction to the Magistrates of the Colony. Mr Kynnersley said, in the charge His Honor had stated that he (Mr K) should have referred to the General Government for instructions. "What he wanted to bring under the notice of the Commission was, that during the time the disturbances were going on he had been in correspondence with the Genvral Government. He produced the copy of a letter written to I the Colonial Secretary on the 30th of | March, befor" the Addison's Flat dis- ; turbances on the subject of the Rifle Volunteers, in which he recommended that their services should be at once -accepted, and he then reported that though no actual breach of thepeace had occurred in this portion of the Coast, there had been processions and meetings, at which party colors had been worn, and he recommended the acceptance of service from the volunteers in order that the hands of the conservators of the peace might be strengthened. On the 3rd of April, Dr Giles wrote to the Colonial Secretary stating the reasons why the Magistrates of Westport, thought it necessary to swear in special constables, and reporting generally on the state of affairs at that date. On the 14th April he (Mr Kynnersley) wrote to the Colonial Secretary, stating his reasons for sending the Armed Constabulary back to Hokitika, and also giving a report of the state of affairs at Addison's Flat at that date. In addition to this he had had a good deal of correspondence with the Defence Minister on the subject of Volunteers.

Mr Hamilton presumed that that correspondence had only reference to the employment of volunteers in case of disturbance in the district. Mr Kynnersley said yes. He did not write to the Provincial Government till the 18th of April, after all the disturbances were over, and he then only wrote one letter. This, as the representative of the Provincial Government he thought it his duty to do, and in it he detailed all that had occurred. Mrßowen—You then reported as Commissioner, and not as a magistrate. Mr Kynnersley—Yes as Commissioner, on the 18th of April. Mr Hamilton—ln your previous correspondence with the General Government, yon reported as a magistrate. Mr Kynnersley —Not altogether. I was acting sometimes a» commissioner and sometimes as a magistrate. I could not say at any particular moment how I was acting. As I understand the law, in ordinary peaceful times, I have the control of the police on the West Coast, as far as stationing, discipline, &c, are concerned, as commissioner and agent for the Provincial Government on the "West Coast. In times of riot or tumult I then should have control of them as a magistrate and conservator of the peace, and

make arrangements to quell riot or disturbance. Mr Bowen—When "you went up to Addison's Flat were you acting as the representative of the] Provincial Government, or as a magistrate ?

Mr Kynnersley—As both. I had agreed with Dr G-iles before I left, in my capacity as magistrate, that special constables should be sworn in. If I had thought it necessary at Addison's Flat to read the Riot Act I should have read it in my capacity of magistrate, butj when 1 found things quiet I acted as the representative of the Provincial Government. I never troubled to think in what particular capacity I acted, as I knew in either I could not go wrong. Having acted for two years ana a half as representative of the Provincial Government, magistrate, and returning officer, many cases have occurred where it was necessary for me to rcllect in which capacity I was acting. Mr Hamilton —On each occasion you were acting advisedly, not acting unreflectingly. Mr Kynnersley replied that he had acted advisedly. Mr Bowen—Did I understand you to say that you did communicate with the General Government, and that you were acting under the Government, and that you merely furnished the Provincial Government with a general report of what had occurred here. Mr Kynnersley Yes, I never thought of writing to the Superintendent till all was over. On the 18th April I wrote a full narration of everything that had occurred to the Provincial Government. I had a doubt whether to write to the Colonial Secretary or the Superintendent, but I thought on reflection that it would he better to write to the Superintendent. In reply to Mr Hamilton, Mr Kynnersley said there was only one Magistrate in Westport, Mr Eeid, excepting Dr Giles and himself, the nearest at the time of the disturbances being Mr Lightband, at Charleston, a distance of twenty miles. Two cases were tried arising out of the Addison's Flat disturbances, in one of them a man named Duffy was found guilty and sentenced for assault, and the other man was discharged. Mr Hamilton enquired who were the persons concerned in preparing the petition resolved on at the public meeting.

Mr Kynnersley could only judge by the newspaper report. Mr Bowen believed that Mr Tyler had called the meeting. He wished to know if that gentleman was prepared to proceed in the matter. Mr Tyler was not present and a note was sent by the Commissioners requesting his attendance. ft also turned out that several of the Committee appointed at the meeting were absent or had left the district, and a dead lock occurred, there being no one to examine and no one to say anything on the subject of enquiry.

After a little delay Mr Tyler arrived. Mr Hamilton, addressing Mr Tyler said that, of course he knew the object of the Commission, and they wished to ascertain from him, as ene of the Committee appointed to draw up the memorial, whether there was any desire on his (Mr Tyler's) part to proceed further, or say anything in support of the statements therein contained. Mr Tyler could only speak individually. He was aware that the memorial had been signed by from 150 to 200 persons, and it had been placed in the hands of Mr Eeid to be forwarded through some member to the General Assembly, but what had been done further with it he was not aware. Prom what he could gather from public opinion there was a general feeling that the enquiry had better not be gone into. It was now three or four months since the occurrences happened, and the feelings of dissension that were then given rise to, had greatly allayed, and it was his private opinion it was better not to rouse them up again, but that it would be better to let the matter drop. Mr Bowen remarked that there were serious charges contained in the memorial, and if it had been forwarded to the House of Eepresentatives it would be better to make the enquiry. Some further conversation ensued on the subject, in which Mr Tyler again repeated his opinion that it would be better to let the subject drop. Mr Kynnersley—Do I understand then that you withdraw the charges. Mr Tyler—l am not preparedto'sav that. J

In the course of further remarks Inspector Franklyn said he knew the memorial had not been transmitted, and Mr A. Eeid, who was in the court, said that his brother had left it in his charge, but had left no directions in connection with it.

Mr Bowen asked Mr Tyler if he would be prepared to substantiate the charges in the memorial. Mr Tyler, on looking over the printed copy, said that the first could certainly be supported. Mr Bowen —Will you be prepared to substantiate it?

Mr Tyler—l do not feel called on to constitute myself the accuser of Mr Kynnersley. I am prepared to give evidence if called on. Mr Tyler added, that if the commission had been appointed at the time, the public would have been glad of it but as months had now elapsed it was not desirable, it was not he thought desirable, to rake up the ill-feeling that had in a great measure subsided. Mrßowen —At thetimcthe memorial was prepared there was a good deal of excitement on both sides, and there had been no time for it to cool down. Do you think there is greater coolness now ? Mr Tyler said there decidedly was. At that time the leaders of public opinion were favorable to a commission, but latterly the matter had not been even spoken of. In reply to Mr Hamilton, Mr Tyler said that he thought the commission would decidedly lead to bad blood between the parties. Mr Hamilton —Do you feel less reason to be dissatisfied with Mr Kynnersley's conduct now than you did before ? Mr Tyler would not offer an opinion. Mr Hamilton enquired if Mr Tyler thought those signing the memorial would be content to let the matter drop? Mr Tyler thought they would. In reply to other questions Mr Tyler said the bulk of the signatures were obtained in Westport and on the Caledonian. About fifty or sixty were got in Charleston. The memorial was sent to that place twice. On the first occasion it was returned without any signatures, but on the second it received the above number. Mr Hamilton enquired whether Mr Tyler would have any objection to ascertain the feeling of the Committee as to proceeding with the memorial, and let them know what was the feeling of the public on the subject. Though they must have time for consideration, it did not appear to him if the memorial was withdrawn that there was any strong reason for pursuing the enquiry. Mr Kynnersley requested,injustice himself, that the charges contained n the memorial, should either be unreservedly withdrawn or substantiated. Mr Bowen agreed that the leaders in the movement should be prepared to withdraw or substantiate the char ges. Mr Tyler for his own part would not think of withdrawing the charges, but of course he could not bind the public. It was very improbable that the Government would go to the expense of appointing a Commission of Enquiry on charges that he himself made. Ifitwasa case of withdraw or not, he would not withdraw excepting on the ground of of expediency, and because he thought it undesirable to rake the matter up after it had subsided. Mr Kynnersley-—lt subsided because charges were brought against me which I have had no opportunity hitherto of replying to. The conversation lasted some short time longer, and it was at last arranged that Mr Tyler should ascertain the feeling of the other members of the committee, and report to the Commissioners. In order to allow time for this, the enquiry was adjourned till this morning at 10 o'clock. Secokd Day. The Commissioners C. C. Bowen and J. W. Hamilton Esqs. sat again at the Court House on Tuesday. They opened proceedings about 10 a. m. and did not rise till 6 p.m. with the exception of one short adjournment of a quarter of an hour. As our readers may easily suppose it is utterly impossible for our space to afford room for a full report, and we therefore abridge it so as to give a mere outline of what was done. "We are encouraged in this course through the fact that though the public were perfectly well aware that the enquiry .was an open one, not more than twenty persons were present at any one time. Mr Hamilton call on Mr Tyler to state the results of his communication with the other members of the com- * mittee.

Mr Tyler, at some length explained that he had seen both those immediately concerned at the meeting and othe s in business, and the unanimous opinion was that it was, on a variety of grounds, most undesirable that the enquiry should proceed. He further stated that Mr Reid, the custodian of the me-

mortal, was satisfied to give it up to him and the Commission might rest assured it would not be forwarded. Mr Kynnersley subjected Mr Tyler to a tolerably severe cross-examination in reference to his connection with the memorial, in the course of which Mr Tyler withdrew one expression in his address at tiie meeting which he apologi- ed for. Mr Munro was called aud concurred in Mr Tyler's views, that it was better not to pursue the enquiry. The Commissioners and Mr Kynnersley retired, and on the returu of the former, they said they had come to the conclusion that it was their duty, under the circumstances to go on with the enquiry. Messrs Tyler aud Munro were then examined at considerable length, or rather, were permitted to statements of facts without comment, but their evidence added nothing to what the public here are already familiar with. T. W. Melville was called and proved that be was violently assaulted, and that the grave of his child, then buried only two days, was trodden down and defaced by the men who attended the procession on St. Patrick's day. Edward Duffy was examined in reference to his connection with the Celtic Committee of Addison's Elat. He admitted that such a committee existed, that he was a member and acting secretary of it when Mr Timothy Gallagher, the real secretary, and now lately elected member of the House of Representatives, was occupied iu business. The meetings of the Committee were generally held in Gallagher's house. He was present when a resolution was carried by the Committee to the effect, that if the Hokitika authorities removed the Celtic cross erected to the memory of the Manchester Eenians, they, the Committee, acting on behalf of the Celtic race on Addiscn's Flat would accept it as a gauntlet of defiance &c, &c. He, at the request of the Committee had handed this resolution in to Mr Reid of the Evening Star for publication as an advertisement. He further intimated that if the authorities had removed the cross, he believed a large number of the Addison's Plat men would have proceeded to Hokitika to reinstate it, but as some Scotchmen chopped it up, there were no means of compelling them to do so. The meeting was held at Mr Gallagher's and Mr Gallagher, the actual secretary, was cognizant that the resolution in question w r as entered on the minutes as being carried.unanimously. In reply to Mr Kynnersley the witness said if Mr Gallagher had said that its publication was not authorised, he had stated what was not true. He had never spoken privately to Mr Kynnersley in his life, and no arrangement of any kind for him, witness, to give himself up had ever been made. He had been sentenced to 21 days imprisonment for assault at the time of the disturbance.

The witness gave a great deal more evidence as to seeing a female riding at the head of the procession, as to the feeling in reference to Orangeism, &c., &c. He also stated that when he committed the assault for which he was punished, he thought the processionists were singing " Ireland is conquered for ever" but he could not swear to the exact words. He further added that at the time of the riot the-English national Red, White, and Blue colors would have been as obnoxious to them as Orange colors, after the speeches made oii the Alfred demonstration day in Westport. Dr Giles was called, and characterised the speeches of Messrs Tyler and Munro as very imprudent, inexpedient, and unwise, on the celebration day. The speech of Mr Munro, he thought, specially injudicious. He detailed the steps the Magistracy here had taken at the time, and paid high compliment to the special constables and the Caledonian men for the ready manner in which they had come forward, aud the orderly manner in which they had behaved when called on. It wa.i stated that evidence had been offered to the police at the time, and they had refused to accept it. This however, was not'proved, and the Commission adjourned as above.