REPORT FROM THE RESIDENT MAGISTRATE AT MONGONUI.

Appendix to the Journals of the House of Representatives, 1863 Session I, D-13

D.—No. 13

REPORT FROM THE RESIDENT MAGISTRATE AT MONGONUI.

[Return to an Order of the House of Representatives, dated Qth August, 1862.]

" That there be laid upon the Table of this House Copy of the Report from the Resident Magistrate at Mougonui of recent occurrences connected witli the European and Maori Crews of the Whaling Brig ' Prince Edward,' or if no such Report has been received, that application be made to the Resident Magistrate to furnish a Report on the subject."

(Mr. TUkl.)

AUCKLAND. 1863.

D.—No. 13

RESIDENT MAGISTRATE MONGOXUI, TO THE HON. THE ATTORNEY-GENERAL. Resident Magistrate's Court, Mongonui, January 9, 1862. Sir, — As I have been informed by Captain Butler that he proceeds to Auckland in the whaler ' Prince Edward,' to lay the particulars of the insubordination of the Crew, and its attendant cir cumstances, before the Governor, and has requested that I would write a report on the subject, I have the honor to inform you that on Saturday last, three Natives, New Zealanders, deserted and went to their friends at the Kohumaru Settlement, (see my report of August 28th, 1861, No. 24), where they related such a tale of ill-treatment that on Monday the whole of the people of the Settlement came to Mongonui, bringing the deserters with them. I had some convei'sation with them, and was led to believe that they would send the deserters on board, for whom Captain Butler had offered fifteen pounds reward. Hohepa Kiwa was very much excited at the treatment he said had been inflicted on his children. He is an old chief of the old school, a very amiable old man, but very excitable ; and whilst I was talking to Pororua, the Assessor of that Settlement, and brother to Hohepa Kiwa, the latter went on boai-d the brig and brought the four remaining New Zealanders away. This was certainly not done by any forcible means, as he informed me that no one said anything to him. No officer interfered in any way to stop them going on board, or on leaving the ship. Hohepa said that he did not justify the act in law, but asked if I would submit to have my children ill-treated ; that the ship was a prison, the remaining part of the crew, seven white men, being in irons. On Tuesday the Natives came before me and complained of dislike to the Captain's harsh language, and one or two instances of ill-treatment. All these ohargee were denied by the master, and were trivial in their nature—so much so as to be acknowledged to be so by Natives generally. Wliat seemed to excite Hohepa Kiwa the most, was, that his child, as he called him, had been mast-headed for jumping overboard for a swim. He was particularly indignant at the danger which might have resulted from such a punishment. Under the circumstances, Ido not consider I should have been doing my duty to have forcibly attempted to have put these men on board again, nor did I wish to attempt to imprison them, as in either case, the sympathy of friends would have no doubt led to resistance; but lam satisfied Hohepa Kiwa and the native sailors, if prosecuted under the " Merchant Seaman's Act," will submit to any fine that may be inflicted on them by the Court. The seven white men were brought up the same afternoon, for refusing to do duty ; most of these men are old offenders, and bad characters. Their plea was harsh language, and not an equal proportion of pork to the beef. It appeared that these men were on no allowance, but had as much as they could eat; indeed, it appeared that the whole crew had made up their minds to break up the voyage, but that the} 7 had not been ill-treated. Three of them who had shewn a more mutinous feeling than the others were condemned to six months, the other four to four months ; but to be put on board if required by the Captain. It was stated by the first Mate that he attempted to catch hold of a bag of clothes, which one of the Native sailors had, on leaving the brig, but it was snatched away from him. I sympathise much with Captain Butler at the check to an enterprise, which is likely to inflict great loss on the owners, one which, if successful, would give employment to a large proportion of the population, both European and Native ; but I cannot but consider that it was a most injudicious tiling to bring a whaling vessel back to her port of departure within so short a time of his commencing her voyage, as it is ackowledged that seamen and whalers are always more likely to become mutinous and unmanageable at their own port, surrounded by their friends ; more especially with respect to the Natives, who, not having been to sea before, were very likely to be tired of a sea life ; though the four men brought away by Hohepa distinctly stated they did not intend to leave the ship, until Hohepa went on board ; they intended to ask Captain Butler to displace the Captain. I will abstain, in this instance, from making any remarks. I have confined myself to the facts as they occurred. I have, &c, W. B. White, R.M. The Honorable the Attorney-General, Auckland.

REPORT FROM THE RESIDENT MAGISTRATE AT MONGONUI OF RECENT OCCURRENCES CONNECTED WITH THE EUROPEAN AND MAORI CREWS OF THE WHALING BRIG 'PRINCE EDWARD.'