THE SEDDON-TAYLOR SLANDER CASE

Otago Witness, Issue 2649, 21 December 1904, Page 52

THE SEDDON-TAYLOR SLANDER CASE

(Continued from page 18.)

PLAINTIFF IN THE WITNESS-BOX.

NO COURT-MARTIAL EVER HELD.

AN INTERESTING CROSS-EXAMINA-TION.

(Bt Ouk Special Refobter.)

CHRISTCHURCH, December 16.

The case in which Captain Seddon claims £1000 damages from Mr T. E. Taylor, senior member for Christchurch, for defamation of character, was resumed at 10 o'clock this morning. There was the usual crowd of spectators in the gallery, including a large number of women. Dr Findlay and Mr Stringer appeared for plaintiff, and defendant conducted his own caee.

Phuip Arthur Keddell was the first witness. He stated that he was a olerk in the Government employ. He went out with the Seventh Contingent as sergeant. During the retirement to the spruit witness was with the main body all the time. Captain Seddon was also with the main body during the four miles' retreat to the spruit. On one occasion the men under witness's charge commenced to trot their horses, and an officer gave him an order to walk the horses. The order was obeyed. There was no truth in the statement that the whole body galloped away for two or three miles. Any statement of the kind was a lie.

To Mr Taylor: Witness had not discussed with anyone the question of remaining loyal to their officers. -Of course the case had been the topic of conversation in New Zealand. He had expressed the opinion that it was a downright lie that such statements should be made about the officer.

Richard John Spottiswood Seddon, examined by Dr Findlay, said : He was a captain in the Permanent Forces of the colony, and was at present attached as private secretary to the Defence Minister. Before he went to South Africa he had had experience in the Nelson College Cadets and Wellington College Cadets, and had served a year in the Volunteers. In 1900 he was appointed acting lieutenant in the Heretaunga Mounted Rifles, and afterwards got his full commission as lieutenant in the corps. On the 19th of March, 1900, he was attached to the Fourth Contingent, and left New Zealand, under Colonel Francis, in the steamer Monowai. On arrival at Durban he was offered a position on Lord Roberts's staff as aide-de-camp, but declined, saying he preferred to stay with his regiment. On the 30th of March, 1901, he was promoted to the rank of captain in the New Zealand Militia. He was also appointed second lieutenant in the Royal Field Artillery, but resigned, as he preferred to stay with the New Zealand Contingent. Lord Kitchener issued a general order that officers remaining in South Africa and giving further service should receive a step in rank. Witness had offered further service before the order was issued. He had been in a good many engagements, and had been mentioned in despatches, along with Lieutenant-colonel Byron (Royal Australian Artillery), Major Dennison (Royal Canadian Regiment), and Captain Watermeyer (Capetown Highlander) s. He was recommended for the Distinguished Service Order for an action near Loeberg Hills. On the day of the Blessbok Spruit affair his orders were to go out and support some scouts as far as a certain farm while they gathered in cattle. Before reaching the farm witness instructed Whitely to go out and gather in some cattle and bring them in. The partywent out to search for cattle, not to reconnoitre the Boer position. He gave no orders to Dillon to search for the enemy, and was surprised to hear he had gone so far out. At one stage someone brought him information from Dillon that he was in touch with the cattle, and witness moved in the direction in which he believed Dillon to be. After .advancing a mile he received another message from Dillon to the effect that he was in a tight corner, and witness se-nt word to him to retire, adding that the company was already too far out. Witness, however, went on a mile further, and then saw the scouts on the right front, about two miles ahead. At this point Dillon sent word that the scouts were surrounded, and asking for support. Witness could see the scouts, and was satisfied the scouts were not surrounded, and that they could retire on the main body without meeting any of the enemy. Witness consulted with his officers, and dire'eted that Dillon should be ordered back. A written order was sent to Dillon to this effect. Witness had a carbon copy of the order, which read: — "Dear Dillon, — Please retire quickly to me. We are not strong enough to go out further. — Yours sincerely, R. J. Seddon, Captain." There was a postscript to this effect : "We are further out now than we were told to go. — R. J. fcj." Witness and his men then took another position, and saw the scouts commencing to retire. It was resolved fco fight a rearguard action to Blessbok Spruit, and when the scouts were retiring witness moved the main body to higher country to protect them. Witness detailed a troop under Captain Saxby to support the rearguard uncfer Lieutenant Drury, whese men were protecting the retreat of the scouts. Drury had 25 men and Saxby 16, and the scouts numbered 26. " The scouts were ■to join Saxby and Drury in fighting- the rearguard action. Witness had 59 men in the main body, leaving about 67 men to fight the rearguard action. The retirement was carried out at a walking pace, and the main body kept 1000 yards or so in advance of the rearguard all the way to the spruit. Witness had seen the scouts join the rearguard When the main body was three miles from the spruit Dillon came up to witness and reported that all the scouts had returned safely. Dillon asked for ammunition, and witness suggested to him that he should ge-fc some from the men in the reaguard, who were supposed to have "150 rounds each. Dillon made no objection to this, and rode off. Dillon was wearing an officer's helmet. He made no complaint to witness about lack of support. The rearguard action was fought along a couple of ritlges, Quintal being in charge of one" section and Saxby of the other. Witness got no request fioni any ox the rear-

guard for further support. If hard pressed, they would fall back on the main body. Nearing the spruit witness saw the Boers coining in on the right, and sent cut a screen on the right flank and across the spruit. The position was taken up to assist the rearguard in crossing the drift. The Boers fired on this position very hotly, and when all his men had crossed the spruit the position was vacated, and witness and his men joined the main column about 6 o'olock. Dr Findlay : Did Dillon send messages to you begging for assistance, and you refused to give it, but galloped away for two or three miles, although there were positions that might easily have been defended? Is that true?— Witnes s: No, it is absolutely false. Did you desert your scouts so that they were unable to extricate themselves, and in consequence Dillon was shot, three men wounded, and others token prisoners— were you guilty of any disgrace of that kind? — No. Was a court-martial ever held upon you by Imperial officers? — No. Was any inquiry eveT held in which you were accused of any irregularity that day? — No. Did you make your report in the ordinary way of the day's proceedings? — Yes. I sont it on, and it would reach Colonel Porter. I kent no copy of it. When - did you hear that a- charge of cowardice had been made against- you in connection with the Blessbok Spruit affair? — In Mr Taylor's speech in the House of Representatives. I was there at the time, and everybody looked at me. By Mr Taylor: Witness was 23 years of age. In answer to a question, witness stated what positions were now held in the colony by Colonel Porter and Colonel Bauchop, both of whom served in South Africa. He now received a salary of £200. On ihe day of the Blessbok Spruit affair witness acted under instructions from Colonel Grey. The retirement was made at a walking pace. Near the spruit it was a fast walk. Witness could not say that Dillon was the only man wearing a helmet that day. The message from Dillon to the effect that he had sighted the cattle was a verbal message. It did not occur to witness to ask the messenger in what direction the scouts were. The second message from Dillon stating ho was in a tigKt corner was also verbal. A third message from Dillon was verbal. None of witness's men asked him for permission to go out to assist the scouts. He got no written message from Dillon. He could not therefore have endorsed any message from Dillon and send it back to him. Mr Taylor: Did any messenger ask you for a fresh horse because his horse had been done up in bringing in the message? — Witness : Probably your friend Mr Long will tell you that, Mr Taylor. But did such a thing happen? — No, it did not.

Further cross-examined, witness was asked in detail with regard to the movements of his men and the scouts before and during the retirement. Witness saw the whole of the scouts come close in to the rearguard screen. The main body did no firing during the retreat. On the way to the spruit witness kept in sight, the supports under Captain Saxby and Acting-captain Drury. He did not leave the vicinity of the spruit until all his men were across. About a mile and a-half from the spruit the men were lined up, and it was reported some men were missing. At the camp that night he found that three men had been killed, one officer mortally wounded, a trooper wounded, and seven men captured — 12 in all. On his way to camp he niefc Colonel Grey. Mr Taylor : What did Colonel Grey ask you? — Witness : He inquired about Lieutenant Dillon.

What did you tell him?— l told him Dillon had been seriously wounded near the spruit. Did he ask any other questions? — I do not remember any other question. Did you report that you had other casualties? — No, not then.

Further cross-examined : When Lieutenant Dillon came up to him during the retirement he had the Dutch guide with him. When Dillon asked for ammunition witness told him to get some from the men in the: rear, and Dillon was quite satisfied with that arrangement. The men in the main body had been supplied with 150 rounds, but they were not firing. Witness did not know how many rounds the rearguard had fired in assisting the scoute. The griide remained with witness. Witness eaid to Dillon : " You may leave the guide with, me." Dillon did not say he wanted th© guide. Witness did not see Dillon again. On the following day the column moved on to Standerton. WSen Dillon was in the hospital witness went to see him, but was told that he was too ill for anyone to see' him. Witness saw Recce, who was wounded, in the hospital.

Mr Taylor : This morning you told me, "Ask your friend Long?" Why did you say that? — Witness: I had heard you were going to produce a man named Long, who had brought a despatch to me. Our.specifio duty that day was to support the scouts. My orders w.ere to support the scouts to -a certain farm, which I did.

Is it not the duty of an officer in charge of a separate body of men not to lose sight of them? — I should think it would be their dvity to keep in touch with their support. You know nothing of an inquiry into the affairs of that day? — I was not present at any inquiry. I have heard there was an inquiry. Some of the men said there was an inquiry, and that is all I know. As senior officer in charge of the operations, if Colonel Porter held a formal inquiry and took the evidence of witnesses on oath, would you not consider it strange if you never heard of th© inquiry or were never asked to give an explanation about what happened that day? — I would not think ii strange.

Did Colonel Porter tell you he was going 1 to take evidence about the affair? — Not thafc I remember.

Did Colonels White and Grey hold an inquiry? — No.

Did they ask for an explanation of the Blessbok Spruit affair? — Yes. When I returned al night Colonel Grey sent for me, and I told him about the proceedings of the day.

Was lio quite satisfied? — I believe he was qviiie satisfied.

Now, I want «-to ask you this : Did not ycur father first arrange for this action? I think I am entitled to know whether plaintiff himself originated the action? — I arranged for this action myself. Did not your father take the preliminary steps? — My solicitors would know that.^ Were you not called into your solicitors' room, where your father was. and asked if a letter should not be sent to me on the matter? — No. Naturally a son would not go into a case of this kind unless his father know what he was doing 1 . Further oross-examined, witness said b*

Wrote to Lieutenant Fair, a friend, about T yarions matters. He had written 300 or 400 letters to different persons about the I «asa. The Blessbok Spruit incident hap- j pened on June 1, and witness left in Oc- ' *ober following for New Zealand. About ■ September 26 he had asked Colonel Porter for^ leave. Witness believed Lieutenant Quintal -was in Auckland at present. He wid Dot send a cable to Lieutenant Quintal an Norfolk Island to come to New Zea- ' land. He believed Lieutenant Quintal came *o New Zealand on a private matter. Witness was in Auckland a fortnight ago, and saw Lieutenant Quintal twice. Witness did »ot tell him to wait there to see if he was wanted "lor the case. They talked about the case. Mr Taylor: Did you see Lieutenant Quintal in Wellington" before he gave evidence before the' registrar ?— Witness: Yes. _Did you see him frequently? — A few times. Did yon discus the case -with him? — Not in detail. ° Did he not 'meet your solicitor before I examined Mm before the Registrar? — You - Imow that he caw my solicitor. Tour present counsel was his 6olicitor. in , *he private matter between himself and the Muyor of Wellington. Had he not seen ; your solicitor-* with you aJwut this case before ; I examined him before the Registrar? — No. ; Had he interviewed* your father with you ; about this case before" I examined him? — No. ; -g ■ ' .; Did he ever see your, father — I believe he- j did. ■ . ''< - Where ;?— X introduced him to my father at \ Parliament Buildings. ' ' ' "When? — One evening. The evening you 1 vent to the Hotel Cecil. i Mr Taylor: That is the evening he told ! me hie evidence all against you. DrJFindlajr: Well, that is very unfair. ! Mr .'Taylor: .The witness is dragging in my private affairs. (To witness): Did- you discuss the case "with Lieutenant"" Quintal and , your father? — Witness: No.- .- j , Did you not arrange with Lieutenant r , Quintal in Auckland to remain 'handy,- so , that he eonld be called here if required? — J£ he 'has told people that; he. was 'lying. .1 ] cad not arrange anything with him. Did anyone arrange it on your behalf? — , < Ifot that I know of . . " i Are his expenses in New • Zealand being \ paid by you? — No. I have never given him \ ■ m penny. " , ' ' ' * Has" anyone paid his 'expenses on your beialf?—l could not say. - '• Did you give him a subpoena' for this -' ■ case?— -No. ' ' ; Did anyone give him one on your - be- . half f— No. . • . J Did you visit a solicitor's office in Welling- . ton?— Y«?r I had the same counsel as he tad in his private matter. ' 1 • Did you discuss with Quintal the cause of this- action in any room that belongs to a , solicitor, whether the solictior was there or j »ot?^-I might have talked about the case to hiia while waiting to see the solicitor. Df Findlay: •Mr "Taylor is~well informed 1 t as to what goes on in my, office. ' t j Mr Taylor: And I have some smart men ] against me. (To .witness) : Did you discuss . ■with 1 -Lieutenant 'Quintal the question* iof j maintaining the honour of the regiment? — "* No. -'<■- - , - If he says he discussed with you the ad- ■ s visability of protecting the reputation of the \ contingent, is he stating the truth? i ] His Honor: Has he^said that? | , Mr Taylor: He said it in my presence. : 3 His Honor: Ido nofcvthink you have any i right to put it in that w.ay, Mr Taylor. < Mr Taylor: I shall put witnesses in the ; lx>x to prove.it. (To witness): Now,- have .. you discussed with Lieutenant Quintal the ; possibility of his remaining in New Zealand i permanently? — No. ' , Further cross-examined, witness said a '. man named Emerson had been working up '. evidence ior plaintiff. Witness \ had not i told Emerson he would get a position in j the Stock Department. He knew that three i or four months ago Emerson applied for a ] position in the department. Emerson was ; now surveying near Blenheim for the i Government. He was previously with, a < Government survey party. Witness knew < JJugler Touvey, but had not employed him ] to ,work up evidence. ' \ JMr Tayior remarked that some important . -, witnesses had been given - Government posi- £ tions, and he Could not get them. ■ ( Dr Findlay said it was obvious why Mr ! ., Taylor was appearing for himself. - \No\\ respectable would conduct . an ex- „-f - animation on the, lines on which Mr Taylor t was goings v ; t His Honor: Atanyrate, an experienced } r counsel, 1 Dr Findlay : Mr Taylor, I understand, ' ! t has stated that his reasons for appearing: > ■, personally are' thafT he would get greater j liberty . from the court than would be : allowed- to counsel. His Honor said Dr Findlay had no right * to make such a remark. t Colonel Bauchop, at present in charge of \ c the Canterbury Volunteer district, was the l next witness. He gave some details of his . services in South Africa — -the longest period 1 of service of any offioer who went from i New" Zealand. Witness had repeatedly \ been \rith Captain Seddon in action. Wit- { | ness had read -the account of the retirement I made by Captain Seddon to Blessbok Spruit, and, knowing- the ground personany, he would say the movement was a J proper one, «nd thoroughly in accord with k military tactics. If a court-mar tiat or inquiry had _ been held into the Blessbok s Spruit affair witness would hav<? heard of B it. He had no knowledge of any such s proceedings. r By Mr Taylor: If messengers came in r with statements from scouts, he would ocrtainK ascertain from them where the t scouts were. He would send back written J replica. Witness saw Lieutenant Dillon in * the hospital, but he was toa ill to make a £ written statement. Witness could not say c he had conversed with Colonel Harry 8 White about the Kaffir Spruit incident. i To* Mr -Stringer: In the hospital witness * talked to Dillon, but Dillon expressed no I bitterness towards Captain Seddon or any- I one else in respect to the Blesgbok Spruit I affair. \ Frederick W. Creapin, a member of the i Seventh Contingent, and seeretalry to t Colonel Ports*, was called, and asked to t produce a copy of the evidence Colonel t Porter had tafien in connection with the s Blessbok Spruit affair. He said the book t containing the copy had gone astray. a Mr Stringer said he would subpoena Mr g Taylor, and ask him as to the whereabouts r of the book. 9 The court adjourned until 10 o'clock on { f Saturday morning, a