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C'UObb ' ) Colonial Defence l'Viiee, -Auckliiiiil. .7 iiiiKirv 27, ISO.) Sir,— By (Inaction of tlio Mini&lei for Colonial Defence, Lluve the hnnoui to ni'-t. act yon to place youiself Aiul the vessel umlcr your cninmaiul, ulnht ennasjcil on the West Coast, umlei tho diicotion of Ca])tam Caikll, wlio his ]efb tho Waikafo for Waunamu in the colonial steamei 'GnncliiuMi' — I have, &c, Wm Su:d. CipUin I\Liiks, c.s. 'SaiHlfly.'WaHSiiinn.

Onclmnc'n, Maich S, ISGS. Sir, — It is with cousidei .iblf ie«ict that ] haiO the honom to buns; inult'i yom notice the veMitious and iinc.tllcd-foi delay at tltn ji<ut of theoolonial stcmiei '.^.indlly,' when hei seivices aie so ninth lequned. atul the dcpm tine of .motliet stoatnet fium thu Smith is dependent on her .mival tltcie. The cneinn->tatices of the cis>e .no as follow • 1. In 01 dei to allow a day or two on -hoie to Captain Mai Us, the chief olhcoi v, is deputed by me to take the '."\iuilfly' down to Poil Wailcito and b-ick. 2. On Fml.iy. the 3id instant, T give Ciptain Mi>iks, immediately on the letuin of Ins steamti, she was to take in W.nkato Milituy Settles families ami dockv.iid stoics foi Pint Wjukalo, fiom whence, aftei coaling, slie would pioceod to Pd tea 'I he^e oideis were ayain alluded to on the 4th and f l.h instant, and I had not the slinhte^t un-eatine'-s about tlit.ii beinjj earned out in then mte«i lty. 3. The 'Sandfly letuined on the afternoon of Sunday, the oth instant. 4 It was fully airangod also with Captain Maiksthat the steamer was to I two tins nioining immediately that he and 1 aimed fiom Auckland. 5. .Fudye, tlien, of niv utter disappoiutmunt on my annal lieu 1 , a little after 7 n in. tins morning, to (hid udt a sui«le family on boanl, ami none i>f tho dockyaul stoics that aie so mqcutl) lequired for tlio eqinpiucut of the steamer 'Stutt' C A \*siol.- day is now beincr lost, md I feel ceit an that the Oeneial ecmuiandiiif; will be much annoyed and iucuiivmiit.iiced theieliy. — I have, &c., T. Ca DVLh, S S T. To the Hon. the Mimstei.

Steam Ti an -.poib Oflice, Po.t Unikitn, M.nch 13, ISGS Sn — I had the lionow of achliessinrr \ou on tlio Stli lnstuit, lel.itmgto tl.e steniniM 'SandHy.' Itis^itli much rcgKt thac 1 lin.\e now to State that in cunieqiicnrc i>t Captun Maiks's poisistence in disobedience to my mdci->, I li.hy hoen obliged to Mispeu 1 him fiom Ins position .is rommamki °>f tlie 'gaudily.' A full account of tlio c mse-> of tins step shall be la if 1 befoie you without dehy. — 1 have, Ac , F. C'vi»ll, SS.T. The IToii. tlio Defence JMinistei. Pate-v Ihvci, Uaich 21, ISO'S Sir,— With u't-reiue to my letta of Sih instant, T liavo tlio hotioui to state that as «oon as the chief m.itu of tlie 'SaiuUly' lepoited the vessel laden in the evening, I onkiod him to proceed at once, a* the linpoitant &f 1 vioe on which she was employed could not lie delajecl on account of Captain Alailcs's habitual absence when hi* ship uas ieady to proceed. I ii«e the woul " h ibiiual," as a sinulai instance to the above occmied wlion his \es<-e! la*<t tnilni kod tioops to lie taken on lmaid tlie men of uai at Onehunga, lu> being al.s.-nt at the time sin should have stmted, and. not even on hoard to take the tioops off the chief officer having peif mmed that duty. The chief oihcwr aiming me that h« Knew the chanutl lntim itely, the ste.imei proLCedcd on her voyage in the dailc until she 1.111 on u '-.indbank, about seven miles from Onehunaa, wheio she lay foi the tide. This mabletl Captain Maiks to proeutc a shore boat and get down to his vessel. Pic at once came below, and in a most eveked manner, which showed how lie had been spending his time on slime, told me to consider mysilf a " passenger" on boaid. with similar impertinence, and immediately placed the chief officer m ariest foi obeying my oiders Not wishing to subject the service to fiuther delay T deteimined, instead of ordering tho ship hack (which, under less lucent eiicumstances, I would certainly have done), to pioceed to the Waikato, wheie I would put matters on a pi oper footing.— I have, J^o,, P. Cadell, S.S.T. The Hon. tho Defence Minister.

Camp, Palea River, March 21, 1865. Sir, — With leference to my p>rvious letteis concerning Captain Marks, I have the honour to state that, on the 9hh instant, the 'Kamlfly' got off the Waikato bar, but on account of the Harbour-master signalling that it was dangeious, she was obliged to bear up for the Manukan. 2. 'Jhat, on the lOih instant, as the weather was tempestuous, I directed Captain Marks to pioceecl to Waiuku, fiom whence I pioceeded to tho Waikato the same d.»y. 3 Immediately on my nriival nt Waikato I wiote to Captain Marks to come lonnd at once, as the Uarbonr.mas.tcr stated that the bai had fallen. 4. On the 12th the ' Sandlly' amved fmm Onehunga, where she had filled up with coal, although I had ordcied her from Waiuku diiect to the Waikato, and also stated to her commander that I wished her always coaled horn our cheap Waikato coal in pieforence to the much dearer imported aiticlo from Newcastle. 5. As soon as the 'Sandfly anchored, my letter was handed to Captain Marks, ordering him to reinstate the chief officer, and di«chaige a seaman named John Barham, whom I had ordered to be discharged at Wangauui for disobedience of order". 6. Shortly after leceipt of the above lettei s, Captain IWaiks came on shoie and informed mo that the chief officer had lefb the vessel, and that he had shipped another. T then ordeicd Barhnm to be discharged, which ho (Captain Marks) refnsed pointblank to do, although well and repeatedly cautioned by me 7. This occurring on a Sunday I naturally declined ptoceedmg to extremities on tliafc day. 8. At dawn on llio 18th I sent for Ciiptain Maike, when my letter, suspending him fiom his command and intijinting that Captain fox "was appointed theieto, was handed to him. 9. I shoi tly after this went on boai d the ' Sandfly with Captain Fox and called the chief mate, told him wh,o I wrs, and, ordered Jhj» to Bond the ship*

company aft—ho, imtigated by Captain Murks, refused to do so. The ship's company wore tuon oidevcd aft by Captain Fox ; they refused to como, Captain Marks openly exciting them to tho mutinous conduct They weio then ordered to go on shore, to bring one of the ship's boats off ; this al«o they refused on Captain Marks inciting them to disobey. 10 Seeing that it was utterly impossible to ovcrlonk this open mutiny, as the men were nob n.idor maitial law, my only resource was to have them summoned before tho Kondent MagKtnte, aim a fresh civw appointed in their stead. Both of these objects being accomplished the ship pioceededto her destination,— l have, &0., ]i\ Cat>bi t,, Sunoriutondout Steam 'J'lanspoit.

S.S. 'Sand fly,' T-itea, Match 21. ISO.). Sir,— With loforcnooto my lottos of above date concerning Captain Marks, it appears incumbent on me to l)i ing boiuo specific oliaigos :vj».\ii»st that oflicer, I havo therefore the honour to submit tlio following :-- 1. Neglect of duty in not having tho'Snndfly' loaded on tho 7Ui rust-. 2. Neglect of duty m not despatching the ' Sandtly on the Sth nist 3. Disobedience of oulois in not discharging T. 13aiham, 12th mat. 4. Mutiny by not leaguing when called upon, 13th iiist f>. Inciting Riiocossfrrlly the crow to mutiny and di'obedienco of oidcrson'the 13th insfe. C. Obsti noting the public service l>y causing a week's dolay to the ' Sandfly in reaching Wangauui. T am prepared when called upon fully to pi ove tho above chaiges, and must stato that I havo been but ciiiryiiiEf out my parting instructions fiom the Defcuco Office, which wine "not to nllow Marks to make any of his delays," his character for habitual and couiuined laziness being too well ebtabhshed theio. L^or easy lefeience and gencial intelligibility T have numbeied the lettcis seiintim, ns the events occuired ; and before concluding may I he permitted, for your information, to remark that the state of the 'Samllly* was found to be most filthy and slovenly; and theie appeared to me to be one tysfcem on boaid that combined sloth, filth, and laxity of discipline (tho engincfii's department is no way alluded Ij); and tho captain's conduct was the means of having :i whole ciew leave a well-paid and dfj,iril>lo seivice, and that, too, at a port w liere no employment could bo obtained. — I havp, ke, V, Cat)KT,l, S.S.T. The Hon. the Defence Minister.

Waiifrmui, Mai oh £7, 1S(15. Sir, — By the diioction of the Hon. Uie Mnuatev fur Colonial Defence, I have the honour to foiuatd you a copy of the ol).uc;es picfcrrcd nqainst you by the Supomitonilont of Sb.un Tuinspoit, in Older you ln.iy sUto in wuting any exi)lanation ou ni.iy h.n oto ollei. — I lmve, \,c. , Captun .Maiks. J. B. Cahr.

Copy of chains profciicd against Captain Maiks by CxptauiC.ulell, S S.T., M.uch 21 ISGS 1. Neglect nF duty in not having tlio 'Sandfly lo.uled on tlio 7th instant 2. Neglect of duly in not despatching the 'S.uidfly' on i lie Stli instant. 3 Disoboilionce of oule\s in not <li?chaij;i\i£; .) . B.uham on the 1 2th instant, when ouleiod to do so. 4 liioitmej the oicw to mutiny ami disobedience of oidofi on tliu 13Hi instant 5 Ol)-.tmctiiig tlio [luhhc service, by causing a wetlv's delay to the 'Saiulfly' in luauhing Wan" miii.

Wuiujaimi, Match, ISG.J. Sit , — T have the lionoui to fmwinl liercvith, for tlic liifnimntinii of the Minister for Coloinul Defence, my answei to the several cli.usjes prefcri ctl .lu'aii^t 11115 l>y Captain C.ulpll, Hiinevintendeiit of Steam l'l.uisjiort. — I liave, .vo , The Hmlor Sooietuy, H. Mauk^. Uoloniil Dcfeuoe Office, W.inganui,

Iho answer of Captain MniKsto chaiges piclcired against linn as commaiuloi of the colonial steam \essel < S<ii(lll\,' by Captain Cad ell, Superintendent of Steim Tiacspoit. Tn reply to ohiiges 1 ami 2, T have to state that on Sunday mglit. the Cfch March, the 'Swiddy' ai rived at Manukau fiom Waikato, uimci charge of tlic chit f olfioßi, I being tlion absent on leave. That such ofhcoi came into Auckland the same evening foi 01 dei s, and toceivcd onluis fiom mo to haul alongside the hulk tn coal, and when lie had Jiiiiahod coahn to 50 alongsulo tlio whaif and piopaie to take 111 cargo. 'l'liat on Monday morning, 7th Maicli, tho vessel's annal was reported to G'aptiin C'adell by mys-lf, who then asked me if I had ui\«n the mate oiduis what to do. I icplied T had. Ife sniij he would go out with me on the following mm mug .it (5 o'clock to Onelinnga. In the morning I nucoidingly went out with Captain Cadell to Onehungn, .mil, upon amvnl tlieie, we found the steamer but just cot alongside the whaif Accouling to oidci = the vo^iel should have been alongside the (lay liefnie I nout iiiimt-iluitely to i>et cuU to Like tlie cat go fiom tho stoics to the stc.unei, and I assist' d to Joad them Ca|>tun Cadell, 111 my absence, duectul the mate to tako the \esbcl horn the whaif, and keep h> 1 afloat The mate took her fiom tho whaif, but stuck her on the giound about twenty yaitls fiom the whaif, and then cnine and lepmtcd the matter to mo L asked him who pave him oideis to take the vessel fiom the wlwf, he said Captain Cadell. [ then oideicd him to hung the vessel alongside tho whaif again, and take 111 the caigo; he did so on the tide following, and the loading fiam the whaif commenced. In the meant' me, and hefoic the loading was finished, Capt C.uU'll again, 111 my absence, ordoied tho chief officer to let go the hues and stait. I was at tins time coming fiom the stoic from wheie I had lieen for waidmg the caiu'o to tho whaif, and seeing the vessel moving hastened down and liiiled foi the boat, the vessel not being more than fifty yards ofF, but no attention was paid, and tho vessel wont away, leaving mo on shine I then went and got a watei man's boat and followed the vessel down the Mauukiui hat bout. I found her stuck on a --andbauk I went on boaid and put tho mate ofT duty for disobedience of my onlers The vessel got oft next morning, theOth Muich, atidpioceeded on hei voyage to Waikato, but, the bar being too heavy, was compelled to return to M uiukau on the evening of the same clay. The unloading and discharging of the vessel fiom Onehunga aiose fiom the causes above stilted Ah lespects chaigo No 3, I have to state tint John Bailiam, theieiu mentioned, lias i.ailed with me for thu teen months, that he was an ablo heam-ni, has always done his duty, and I have nevoi hoiid any cause of complaint against him. Moieovci, I beg to suggest that I am the lesponsible paily for Jnringaml dischnrging my own crew. Tn ieply to the 4th charge. I beg to submit that I did not on the 13th inst incitp my own ciew to mutiny and disobedience of my own oulers. Such an act on my pait would bo a most unusual and unheard of proce ding, ami one which I am sine I will be at once acquitted of. To the slb charge, I would obsei ye thnt tho delay that did occur was ciused by the circumstances (list hut foith in lespect to charges 1 and 2, and by a veiy heavy gale of wind that detained tho vessel at the Mamiknu after her leturii theie as bcfoie-men-tioned. I would beg to observe that when duectcil directed by my instructions to place myself and the vessel under my commend, whilst engaged on the West Const, imdei the direction of Captain Cadell, I considered that T was to pioceed, in nil cases, and to Mich places, as I might be ducctcd. but that I leinained the comnmndci, ami liable and lespousible foi thp internal management of the vessel, and that tho officers and ciew weie under my ouleis. Should this not be the view intended to be taken from my Mtci of appointment, and that any difference will have aiiscn between the head of. my department anil my.self owing to such misnitei [notation, Twill fiankly acknowledge) it ; and I feel assured that my lone and intimate knowledge of the Colonial Steam Transpoit Seivico, and my activo and lively interest in its success, will plead for anynnsappiehousiou that may liavo oocuired on my part. H. Mabks.

Auckland, May 12, 18G5. Sii I,—l1 ,— I have the honour to acknowledge tlio receipt of your letter of the 29th March last, covet me your answer to the charges preferred against you by Captain Cadell, Superintendent of Steam Transport The Government have come to the determination to hell the steamer ' Sandily ' immediately, and I am, theiefcie, directed by the Minister for Defence to infoim yon that your &ci vices will not be required after the end of tho piesenl month. Inm to iiiHtnict you that yon will be entitled to l'eceive paydminj/ the time of your suspension, and up to the 31st May, which will be issued to you, na somi as your accounts have been tendered to, ami passed by the Auditor-General.— l have, <fee, J> n 4. • m i 'rir «■ IHENBY l HENBY Ha^TWRICHIT. Captain Marks, Wellington,

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