AUCKLAND.

Hawke's Bay Herald, Volume 11, Issue 836, 19 March 1867, Page 2

AUCKLAND.

Mr. Whitaker resigned office as Superintendent on the 2nd inst., in the following address : — " Gentlemen, — I have this day forwarded to His Excellency the Governor ray resignation of the office of Superintendent of the Province of Auckland. At a time of great anxiety and excitement, when an angry contest for the Superintendency was imminent, it was pressed upon me that it was in my power to prevent a contest, and that I was in a position to render essential service to the Province as its Chief Officer. I had for some time retired from active political life, and my inclination and interest would have led me to continue that retirement, but I felt that under the circumstances, a public duty, which I would not ignore, was incumbent upon me. A requisition to become a candidate for the office of Superintendent was presented to me, signed by influential men of all parties. I accepted it, and was elected without opposition. The sole object that I had in view was to promote the interest of the Province, and I have laboured hard to do so. How far I have been successful it is for you to judge ; time will assist to lead you to a just conclusion. When I was elected there was a general understanding that on main points all parties were agreed, that in minor matters concessions on all sides would be made, and that private views and feelings should be laid aside for the common good. For some time this understanding was acted on, but it now ha3 become obvious, (at all events if I remain in office) that the Province must again be governed by one party, opposed by another, and that the acerbity which has prevailed in former times will not be absent from the contest. As I did not undertake the duties of office with any such expectation, or with any intention of taking psrt in such a contest, I feel that it is now fairly open to me to consult my own feelings and interests and to retire from the position in which you were pleased to place me in so flattering a manner. I sincerely thank you for the confidence you have shown in me." A series of heavy failures and heavy defalcations have taken place in Auckland. The Southern Cross says : — A shipowner and trader at Onehunga, named David Kirkwood, recently absconded, carrying with him a large sum of money. His defalcations exceed, we understand, £20,000* There is no question that gross fraud has been committed. A solicitor named E. J. Cox, who enjoyed a high personal reputation, has absconded since Kirkwood's departure. He has voluntarily confessed to a career of systematic fraud. Since his departure, forgery and perjury are said to be amongst the crimes of which he has been guilty. The total amount of his liabilities is not known, but is muit amount to £20,000. His victims are principally small capitalists, who entrusted their savings to him for investment, and which he fraudulently converted to Ms ov, n use. Amongst the victims are the Odd Fellows' Land Societies, which Cox, as an office-bearer, and a man named Lepine (who was until his departure connected with a local newspaper in the capacity of cashier), as secretary, managed to defraud to a considerable amount. Lepine has also got out of the country. It is surprising that such practices could be carried on without discovery by the legal profession, in the case of Cox, and it only shows the loose way in which I legal business has heretofore been conducted here. The creditors of Kirkwood and Cox have met, and their estates have been sequestrated ; but they managed to leave next to nothing for the creditors. Respecting the failure of Kirkwood, the Herald says, under the general but ominous heading of " Bolters and Bankrupts" : — Our readersmay remember that Kirkwood left Onehunga on what was supposed to be an ordinary business visit to the South, some few weeks ago. About the same time he despatched one of his vessels, the brigantine Stanley (built by Mr. Hutchin- '. son of Onehunga, and which, by-the-by, is not paid for), to Hokitika. It would appear from a letter received by o creditor in Auckland, that Kirkwood on joining the Stanley at Hokitika discharged the capt. and crew which had brought her from Onehunga, and having shipped a fresh captain and crew, cleared her for Guam, taking a passage in ; her himself. Kirkwood is, we understand, ] a defaulter to a very considerable amount. At the meeting of Kirkwood's creditors, i an affidavit was produced, which had been made by Capt. Davies, and was to the fol- •

lowing effect) viz., " that he had shipped to . go down with Kirkwood to Hokitika, and on his arrival there Kirkwood had requested, him to ship further on, out of the Colony altogether. This the Capt. refused to do» as did the crew. Kirkwood thereafter cleared the ship (Stanley) for Guam, and immediately before he eaUed he gaye Capt. Davis a cheque on the bajS;for upwards of £3000, which Davis took t8 tfte Bankf^uid for which he received the amount Jn sovereigns. He carried the sovereigns JtoJ&rkwood, who afterwards sailed away. Davies saw the vessel sail, and was aware that Kirkwood. was,; on board.'* Whereupon resolutions were passed' to the effect that the abscorider should be followed and brought back. It was also resolved that each creditor should sign a d&ed, agreeing to pay a sum not exceeding 2^fj>er cent, on the amount of the expenseiiofjhis capture, and his being brought' back. That photographs be obtained, and sent to all known ports, and to all the British Consols ; and that a reward of £50 be offered for his apprehension. <'. : Respecting the defalcations of Cox (who is believed to have sailed by the Panama steamer on the Bth of this month) the Herald says : — • . ; The Abscondbb Cox,— This swindler, who absconded from bis dupes; and credi* ; tors by taking the Southern steamer on Sunday, has, we learn, written to a gentleman in this town, making a clean breast of it. "A meeting, of'Cpx's creditors; hasibeen called for Tuesday, when the letter, we understand, will be submitted to them. We trust some deceisive measures will-be taken, and a reward offered for his apprehension. A couple of years at hard labour at the Mount Eden Gaol might have a deterrent effect on others, who, if they see an absconding debtor or swindler, as in the. case of Cox and Kirkwood, escape, may be tempted to do the same thing themselves. As a solicitor in large practice, Mr. Cox had a very extended field of operations, and it will be some days, perhaps, befpre the whole of the losses occasioned by his. heartless villany will be brought to light. We have heard of several cases where persons will be utterly ruined by his acts. Money has been committed to his charge for investment which he has appropriated to his own private use. In one case, a widow and a cripple deposited with him her whole .subsistence, something like £1000. " T^is is irretrievably lost. In another case, money was entrusted to him to purchase a property for an individual. Cox purchased the property in his own name,, and immediately mortgaged it for its full amount. And now, while on this topic, we Would draw the attention of the authorities to the facilities afforded to absconders in : the practice of vessels, especially steamers, leaving port on Sundays. There is scarcely a Sunday but.some vessel leaves this port, or the Manukau, and these 'absconders, in the face of anything short of a Judge's warrant, can go in defiance of their dupes and creditors if it be only Sunday. We would at any rate, draw the attention of shipping agents to the facilities to. roguery which the practise of allowing vessels to sail on Sunday's afford. After Cox's departure, the following letter was received by Mr. Garlick, a gentleman who takes charge of insolvent estates :-*- Sir,-rEnclosed herewith you will find a conveyance and assignment of all I have to you upon the trusts therein set forth. I hope you will take upon yourself this matter, and endeavour to obtain as much as possible for the property. There is one thing which I wish may be considered before a sale is decided upon of the flax mill. It is that it has just started — its value will be known at once. It is capable of cleaning over 'two tons per week, at a cost of less than £15 per ton. I have advices from Melbourne and Sydney that £28 can be obtained for it, and advice from W. J. Young that £35 can be obtained at Melbourne. To sell the mill at once would be an absurd sacrifice. I should strongly advise the working of it till it proved its real value. Mr. Anderson, my brother-in-law, is the manager. He knows nothing about machinery, but the engineer is able to attend to anything in that respect. If Mr. Anderson will continue to work it, I believe you could not have a more active, pushing, energetic man, and one whom you can completely trust to do the very best. As you are in total ignorance . about my present circumstances and the reason of my making this assignment, I have to make the following sad explanation. Three years ago, , over and above my liabilities, I was worth about £3,000. Since then, in spite of a good business, I have lost my money upon upon loans to others and the purchase of lands which have depreciated in value, and mad (for no other word will suit) speculations ; till lately, upon the making up of the books of the late firm of Brookfield and Cox, and surveying my position, I find I am insolvent. With debts contracted in a dishonest manner, and the certainty of prison hanging over my head, my first thought waa to go and give myselt up for felony, and at once accept the punishment so justly my due ; but upon consideration and advice I think i% is best to attempt to escape to some other country and there if possible retrieve my position—that is, do my best to repay my creditors. If it would benefit them I would not hesitate to give myself up to justice a Bingle moment. If they seek; that punishment shall fall upon me, it has quite as severely as any imprisonment could effect.. lam thoroughly miserable at the idea of tha misery my crimes must entail upon others, whose trust and confidence I have so unmercifully betrayed. I would ask God to help them if it would not look like hypocrisy, as coming from such a one as I am. I have been thoroughly mad and criminal without excuse. If any one knew the difference between right and wrong I did, and yet I have persistently done wrong. There is not one extenuating circumstance to urge ; it is nothing but iniquity unalloyed. I can-. not ask from those I have wronged to be merciful — it would be to expect from .them that whHi is more than human. If Ido not escape I shall not very much regret it ; not at all on my own account. Even now I am strongly tempted to go k to the magistrate arid declare, what I have done, and suffer the just consequences of my criminality. I hear there is a report that I have been acting in complicity with Lepine. This is untrue. The bond I believe yet to be mislaid, not completely lost. I have a distinct recollection of some one asking me for a form of a bond to draw one by, and I believe it has got astray through that loan. With regard to my law business, I think you had better apply to Mr. J, B. Russell; who will, I have no doubt, give you the best advice. I have been unable re-

gular statement of accounts. You will have to gather whafc information you can from the books and papers. You will be able to ascertain what property I have from the books in nay library. Since writing the above I have been unable to write or make anything more definite for your guidance. I donlt 4pave Auckland with the money I have wasted — • that is, the large amount I owe— l have not got it; it has been wasted in reckless buying. I cannot expect you to believe me after the deceit I nave practised, even supposing I took an oath. I therefore make the statement simply that I have gone to lead a new life, and to ÜB6 my utmost exertions to repay ; I beg of you to believe this. , Iknow hard and bitter things will be said. I deserve them all, and far more than can possibly be said. I have started with exactly £100: that which I believe to be just sufficient to carry me to taj destination. Do not be harsh with my poor wife and family. I have utterly ruined them. It has been no fault of my wife's ; she has been economical and never once swerved from an honest course. I can say ho more.— Yours, respectfully, By the same vessel — the Wellington — by which Cox sailed, Mr. Rigg, auctioneer, and family are reported to have taken a sudden departure, without saying good-bye to their friends. Several other failures are reported, and the state of things in Auckland would appear to be very bad. mmmmmamtammmmmmmmmmmmmmmmmmmmmmmmamßmmmm^m