THE CADMAN CASE.

New Zealand Herald, Volume XXX, Issue 9238, 28 June 1893, Page 5

THE CADMAN CASE.

RESIGNATION OF THE NATIVE MINISTER.

DISCUSSION IN THE HOUSE. (BY TSLIORArH.—SFEOIAL CORRESPONDENT.) Wellington, Tuesday. Upon the two matters of chief importance on whioh I telegraphed yesterday further developments not altogether unlooked for occurred within a few succeeding hours. The feeling of members became more accurately gauged by Ministers, and rapid changes, nob bo much of purpose as of procedure took place. This was consequent upon the action of the rank and file whose disinclination to have left* to it to arbitrate upon a question which should lie with Mlnisters.becaraemoreandmorepronounced. In other words, as I stated in my last message, they refused to have personal bones thrown amongst them, which could only end in bickering and bad feeling. Immediately after the vote of regret had been passed in regard to Sir W. Fox, the Native Minister (Mr. Cadman), who was received with applause, rose, and said he desired to say a few words on a matter In reference to himself and another member of the House. About two or three months ago he had received a letter and memo, from Mr. Rees, containing very serious allegations against himself. He was charged with being Interested in Native Lands, vdth •'•ving delayed native land legislation in order to facilitate certain purchases of his; that he had manipulated matters so as to retain the Native Ministership; that he had endeavoured to pass a Bill as a public measure upon which bargains had been made to benefit himself and another member of the House and that he (Mr. Cadmau) had corruptly used his influence to obtain a certain valuer. When the communication had been received by the then Premier ib had been a privileged one, bub he (Mr. Cadman) had intended asking that the letter containing the charges, and his reply, should be laid on the table. Before, however, he had time to do that the whole correspondence had been made public. He had taken immediate steps to vindicate his character, and on each of the issues laid before the jury the reply had been in his favour, but he understood from newspaper articles, the facts had only been given to A certain extent) which left a reflection on his character. In reading these articles, he could only infer that that of course was also the opinion of people outside of the arena of politics. He had, therefore, that morning placed his resignation as a Minister of the Crown in the hands of the Premier, for after what had been said and written it would be incompatible for him to retain his position. Ab the same time he would like to express his regret that the reports sent out by the Press Association as to the whole of the case had been certainly incorrect and misleading. Tho gentleman who had happened to bo the agent for the Press Association in Napier had been one of the witnesses on the opposite side, and had himself to admit thab he had published in his own paper statements which were not correct. He (Mr. Cadman) also desired to say that he intended to place himself and the whole affair before his constituents before he asked them to relieve him from the position he at present occupied. He desired also to express his regret that he had unintentionally been the cause of any worry or trouble to bis colleagues. He said unre strainedly thab they had known nothing whatever of his private business affairs, and they were in no sense responsible for anv of his actions. It was evident while Mr. Cadman wat speaking that there was considerable strain on the House, which was nob relieved until after the rising of Mr. Seddon. The Pukmier said he had received Mr. Cadman's resignation, and he desired to expross his very great regret thab the necessity for tendering ib had arisen. Mr. Cadman had pub the position very fairly before the House and the country. They had heard thab day from Mr. Cadman thab he had come to the conclusion to do as he had done by reason of the opinions expressed in the Press of the colony. To a great extent he, Mr. Seddon, averred those opinions had been based upon information absolutely incorrect. It had been biassed. In illustratration of this, he would refer to a telegram sent laub session by Mr. Cadman to Mr. Carrol. Ab the trial, in the reports, Mr. Cadman had been made to say, " Don't trust Seddon," whereas in reality it was explained that he (Mr. Seddon) was too busy at that period, and in consequence of that Mr. Cadman did nob wish to trouble him on this particular question. Ib had also been said by Mr. Rees thab certain amend men to proposed legislation had been submitted, and that the matter went to the Native Committee, and that when the Bill came back he (Mr. Seddon) was not acquainted with the nature of the amendments. At this stage he, however, took the responsibility of them. Tho whole thing was publicly done, and was in the records of the House. It was then very unfair to the Native Minister, who was away at the time, that he should be blamed for a responsibility which he, the speaker, had taken upon himself in the interests of the House and the country. As to the publication of the correspondence which led up to the trial at Napier, he certainly thought that it should have been deferred, but when ib was published Mr. Cadman did nob hesitate a moment, bub at the earliest possible period submitted the case to a tribunal of his countrymen. The finding of the jury had been absolutely in Mr. Cadman's favour on all the charges, so thab one member of the House had been found to have been guilty of libelling another member and a Minister of the Crown, As to the question of damages, that was a point on which comment had been made, bub Mr. Cadman had nob stated one very important fact in his favour— that Is, that damages in amount wore never asked tor on his behalf. At all events, Mr. Cadman had stated thab he was nob satisfied, that he required something more. That being the position to which ho had arrived, ib had been with very great regret that the resignation had been accepted. He thought that the members of the House would agree that Mr. Cadman had taken a very fair course in resigning and in determining to consult with his constituents for guidance as to his future action. One and all he (the Pre' ier) was sure retrretted the occurrence, bub he believed that members on both sides would agree in sympathising with Mr. Cadman in the position in which he was placed. Mr. Reus moved the adjournment of the House' in order that he might have an oppoctuniy of speaking. He spoke with greab warmth, and dealt with the four charges referred to by Mr. Cadman, and said that that gentleman had had tho information in his possession for a fortnight before the publication of his (Mr. Rees') letter. He (the speaker) had asked for an inquiry into certain facts which he had alleged, and had the Native Minister had the courtesy to write and state that he would do so, and that he would take the necessary steps in the House to clear , himself, he (Mr. Rees) would have been without defence had he attempted to make the charges publio; but he had never received even an acknowledgment of the letter he had sent, nor had he heard it was Mr. Cadman's intention to clear himself until it had been stated in the witness box. The Premier had stated that the jury had found on all the charges. The jury had repeatedly asked the judge for directions, and they were told thab to every solitary charge distinct proof must be given, and that every individual charge must be Eroven fully ; otherwise, that a verdict must e brought in against him (Mr. Rees). If six were proved, and the seventh but partially proved, that would not be sufficient. The jury, too, had come into Court, and asked what was the lowesb sum that would carry costs. The jury was a special one, chosen by the plaintiff; who was represented by the leading counsel in the colony, and yet the jury gave exactly half the amount which was told them by the judge was the lowesb that would carry costs. Thab showed the opinion of the jury, not after bearing statements made for a few minutes in the House, bub after hearing sworn evidence for seven days. - The Judge said the jury had placed him in a very unhappy position, the foreman having said that they had left the responsibility to the Judge. Sir R. Stout applied for costs, bub he (Mr. Rees) had pointed oub that after all the so-called atrocious libels and the manner of their publication, the matter of costs had been left) to the judge. His Honor had thereupon refused to certify for costs. He I (Mr. Rees) had been unable to call all the

witnesses he desired. He would, therefore, take an early opportunity of moving that the House take an early opportunity of ffoing into the whole circumstances of the case; In fact, he would give notice a* the moment to appoint a select committee, and he made bold to say thftb astonishment at some of the , circumstances would arise in the public mind. He asked that the whole of the circumstances should be investigated «rom first > to last, then it would be seen whether the statements he had made and the inference* he had drawn warranted him in the position he had taken. He repeated that had Mr. Cadman stated that he would take steps in the House to clear himself of the charges he (Mr. Roes) would have been satisfied. Mr. Rees said he also gave notice of motion to move that steps be taken to rectify all errors that had been made, to vindicate justice, and to do justice in those cases, which he oould nob characterise then, but which he would have an opportunity of speaking of later on. Though the technical verdict had been against him, the damages a Minister of the Crown had suffered, the jury said, had only been 20s, and that did not carry costs. If that was not the impression on the publio mind he (Mr. Rees) would like to know what it was. Not one-half of the circumstances in the case came out or could oome out } so he should ask for a committee to inquire into the circumstances, and see that substantial justice was done, nob only between the parties, but to see that the funotions of administration and legislation were kept pure and faith kept, especially with the Maori people, and that the sworn functions of officers of the Drown should be fairly administered in the interests of the whole of the people. , ' Sir R. Stout, who also spoke with warmth, seconded the motion for the adjournment of the House. He would not have spoken had his name nob been dragged into the debate by Mr. Rees. He (Sir Robert) regretted the resignation of Mr. Cadman, because he did not think the circumstances whioh had arisen warranted action being taken. The finding of the jury was nob suoh as called upon Mr. Cadman to resign or consult his constituents. Ho (Si* Robert) also regretted, after what had taken place in. the Supreme Courb, that Mr. Kees had made the speech he had. Mr. Rees was of an Imaginative turn of mind, and in the remarks he had jusb made he had not stated the case fairly. There was, said Sir Robert, an unhappy misapprehension of what were the facts of the case. The charges were that Mr. Cadman had practically delayed Native Legislation in order that he might be able to complete certain purchases; that he had used his influence to pass a private Bill ; and that influence had been used in regard to getting a valuer for the Land and Incometax Department. Regarding these three charges, the trial had shown that there was nobanatomoftruth. Mr. Reesnowsaidhewas prevented from bringing evldenoe because of techical objections. Mr. Rees asked for a committee of the House. What did that mean ? It meant that there was no punishmont for perjury. They had had examples of this on other occasions. Mr. Rees was now trying to shield himself behind a committee. As to the whole matter not having been put before the jury, the whole of the 30 issues would have been put had not Mr. Rees agreed that only the broad issue of libel or no libel should be pub broadly. At the slightest wish, the Judge would have pub the whole thing. As to the particular block of land, Sir Koberb repeated that the purchase was on all fours with land boughb for Europeans, and less than ten natives were interested. The land had long ago ceased to be native land, in the popular acceptation of the term. (Quite right). The whole gravamen of the charge, Sir Robert continued, had been disproved. As to any question of delay in legislation, Mr. Cadman had been one of a very small minority against delay, while Mr. Rees had asked the other way. As to anything in regard! to a private Bill, people nob politically of Mr. Cadman's way of thinking had gone into the box and sworn in his favour. The whole thing was so ridiculous and absurd that he was nob surprised that Mr. Rees had not withdrawn it. Then, as to the valuer. Blocks contiguous to the one in question had been valued in exactly the same way, and the valuer did not know that Mr. Cadman was interested in the slightest, while the Road Board of the district had said that the valuation was a fair one. Ho (Sir Robert) regretted he had been called on to speak so on the first day of his reentry into the House, but he thought tbab the members would say that the making of rash and wild imputations on members of the House was not a proper position for a member to take up. Sir Robert also despised Mr. Rees' conteation as to costs, the judge having said thab seeing the jury had not given 40s he did nob feel warranted in giving costs. Mr. 'Scobie Mackenzie was sorry they had had two paid advocates in the case, and would ask the Premier if he would lay the Judge's notes on the table. The Pbkmikb promised to do so. Captain Russell said that the issue became the more obscure the more they discussed it. He was bound to say that ho had been considerably interested in native legislation in 1891 and 1892, and was constantly in correspondence with the Native Minister, and he believed that Mr. Cadman had been honestly and sincerely anxious to pass native land legislation. Ho thought Mr. Cadman a most fair man, and as far as ho, the speaker, had been able to see there had never been anything improper. Mr. Rees replied disputing the construction placed on the verdict by Sir Robert Stout. The incidonb then dropped, as it was evident it was most painful to all present. There is a strong feeling that Mr. Cadman will not resume his portfolio. Some of his friends say he has a strong disinclination to do so. At a late hour I learn thab Mr. Cadman purposes printing full notes of the evidence taken, and circulating them freely amongst his constituents, thus placing himself in their hands. Napier, Tuesday. An extraordinary error occurred in the transmission of Mr. Cadman's evidence in the libel case. In the message to the larger towns he was made, to say that he telegraphed from Auckland to Carroll saying " that in consequence of Ballance's illness it was not advisable to put too much trust in Mr. Seddon." This should have read, " too much work on Mr. Seddon."