8

I.—2a

I have therefore to request that you make such explanation to the Committee, in writing, with respect to your action on the occasion as you may think proper ; or if you desire to be examined before the Committee, the Committee would give you such an opportunity, provided you appear within fourteen days from date, and at your own expense. Thomas Kelly, To Captain Daldy, J.P., Auckland. Chairman, Public Petitions Committee.

Appendix C. Captain Daldt and Mr. Isaacs to Mr. T. Kelly. (Telegram.) Auckland, 30th July, 1876. Received telegram re McManus. Will examine documents and reply by letter. W. C. Daldt. Mr. T. Kelly. E. Isaacs.

Appendix D. Captain Daldy, J.P., and Edwakd Isaacs, J.P., to Thomas Kelly, Esq., M.H.R., Wellington, Chairman of the Public Petitions Committee. Sib,— Auckland, 9th August, 1877. "We hereby acknowledge receipt of your telegram of 27th July, re McManus's petition. "We have carefully examined into this matter, and beg to reply that in support of our judgment on that occasion we can refer you to the records of the Court iu which we adjudicated, and which we believe are in the hands of the Government at Wellington ; and also the corroboration of the Clerk of the Court as to his (McManus's) former appearances there, and moral aspect of the case. As to the charge of having refused him an opportunity of defence, we have referred to Mr. Joy, solicitor for the complainant, who authorizes us to say every opportunity was given. We absolutely deny having acted illegally or unjustly in any respect, in which we were supported by the opinion of the late Judge Beckham, and when proceedings were threatened we took the opinion of Mr. Whitaker (now Attorney-General), which opinion sustained our action ; and that legal proceedings were abandoned without the slightest compromise on our part. Judge Fenton's decision was confined to the legality of the warrant, and his opinion by the fine of £1, and not in any way as to the action of the Magistrates. We were not aware that the legality or otherwise of proceedings of Magistrates was decided by Committees of the House of Representatives, as done in this case last session, but believed such matters were left to the Judges or Law Officers of the Crown. We have, &c, William C. Daldt, J.P. Thomas Kelly, Esq., M.H.R., Wellington. Edwaed Isaacs, J.P.

Authority: GrEOBGE Didsduet, Government Printer, Wellington.—lB77.

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