THE KYNNERSLEY ENQUIRY.

Westport Times, Volume II, Issue 309, 28 July 1868, Page 2

THE KYNNERSLEY ENQUIRY.

Yesterday the Commission appointed by the General Government to enquire iuto Mr Kynuersley's conduct in connection with the disturbances at Addison's Flat, commenced their sittings in the Court House. The Commissioners,_are as we have before stated, C. C. Bowen Esq., li. M; of Christchurch, and J. W. Hamilton Esq., Collector of Customs at Lytttelon. The enquiry was conducted with open doors, but very few availed themselves of the privilege of listening to it, and at no time were there more than a dozen present. The Commissioners sat at the table usually occupied by the legal fraternity, and Mr Kynnersley occupied the same position. In addition to those chiefly interested, l)r Giles R.M., the Inspector of Police, and W. Pitt Esq., were in the court. Mr Bowen opened proceedings by reading the Commission. After this Mr Hamilton asked, ns no witnesses had offered themselves, if Mr Kynnersley would make a statement or put in any document, adding that he (Mr Kynnersley) knew the nature of the case, as he himself had requested the enquiry to be entered into.

Mr Kynnersley said that as he prei sumed no one would come forward, it would be expected that he would explain the reasons why he wished the enquiry to be held. These reasons he had stated in a letter addressed to the Colonial Secretary about the middle of May last. He there said that certain seriou?jcharges had beenbrought against him, but he had refrained from noticing them till some resolutions were passed at a public meeting, which were of so specific a kind that on public grounds he thought it desirable an enquiry should be] held on his conduct. The grounds on which hejaltered his original intention on the subject were—First, that by those resolutions it would appear that a large number of persons considered him, though a magistrate, to be disloyal and disaffected, and if such was the case an enquiry was clearly necessary. In the second place it was resolved at a public meeting that a memorial should be prepared for presentation to the General Assembly, praying that a select committee should be appointed to enquire into his conduct, and such a committee be did not think could come to as satisfactory conclusions as a commission on the spot. Again, it was desirable that the enquiry should be held at as early a date as possible, for the circumstances were then fresh in the memory of the witnesses, and in justice to himself he applied for an investigation into the matter. For these reasons he desired the Colonial Secretary two months ago to hold an investigation into his conduct, and he then urged that it should be held at an early- date. He was induced to write that letter by a report of a public meeting in West- i

port be read, appearing in the Westport Times, of April 28th. By that report it appeared that the hall was crowded, and that a certain set of resolutions, condemnatory of himself, were passed unanimously. (Mr Kynnersley here read extracts from the resolutions corrohorative of this statement). By the report it would appear that these resolutions were carried without one dissentient voice. It was chiefly on this ground that he wrote to the Colonial Secretary applying for a Commission of enquiry, and he considered, under the circumstances, that it was absolutely essential that an enquiry should be held when he saw that the people of Westport were unanimously of opinion that an investigation should be instituted. He thought they should know better than he did, and he then sought the enquiry, and he applied for a commission in order that it might be held sooner than a select committee could be held. This had been conceded, but it appeared however, that no one came forward. He might state that he had not asked the enquiry for his own personal satisfaction, for it was a matter 'of the utmost indifference to him, but he applied for it because the people of "Westport had come to the conclusion that it was essential for the peace of the district, and the preservation of property that an investigation should be instituted. He had nothing more to say, and if the people of Westport who attended the meeting had reconsidered their resolutions and had come to the conclusion that it was possible to keep the peace he had no wish to gainsay it. He wa3 prepared to answer any charges that might be made, produce any correspondence, and letters that he had written to the Colonial Secretary and the Defence Minister during the time that the disturbances were going on. One letter he had written to the Superintendent of the Nelson Province on the 18th April afcer the disturbance had ceased, and he might state that he did not wish to withdraw or alter a single letter or one word that he had written or spoken in reference to Westport or Addison's Flat, either to the General Government or to the Superintendent. Mr Hamilton enquired if the memorial referred to in the report of the meeting of the 28th of April had been adopted at the meeting. Mr Kynnersley did not know and had not enquired. He knew however, that it had been sent round for signature, and that about one hundred and twenty persons had signed it. It had been sent to Charleston for signature, and he had seen in one of theHokitika paper what purported to be a copy of it.

At the request of Mr Kynnersley, a copy of the Leader with the memorial contained was obtained, and laid before the Commissioners. Mr Kynnersley then referred to Judge Richmond's charge in Nelson, and enquired whether it was proper on his part to remark on it. Mr Hamilton, after consulting with Mr Bowen said, that they had come to the conclusion that the remarks contained in the charge were not in-

tended as a personal reflection on Mr Kynnersley, but rather they appeared in the light of a general direction to the Magistrates of the Colony. Mr Kynnersley said, in the charge His Honor had stated that he (Mr K) should have referred to the General Government for instructions. What be wanted to bring under the notice of the Commission was, that during the time the disturbances were going on he had been in correspondence with the Gen ral Government. He produced the copy of a letter written to the Colonial Secretary on the 30th of March, before the Addison's Flat disturbances on the subject of the Uifie Volunteers, in which he recommended that their services should be at once accepted, and he then reported that though no actual breach of the peace had occurred in this portion of the Coast, there had been processions aud meetings, at which party colors had been worn, and he recommended the acceptance of service from the volunteers in order that the hands of the conservators of the peace might be strengthened. On the 3rd of April, Dr Giles wrote to the Colonial Secretary stating the reasons why the Magistrates of Westport, thought it necessary to swear in special constables, and reporting generally on the state of" affairs at that date. On the 14th April he (Mr Kynnersley) wrote to the Colonial Secretary, stating his reasons i for sending the Armed Constabulary ; back to Hokitika, and also giving a report of the state of affairs at Addison's Flat at that date. In addition to this he had had a good deal of correspondence with the Defence Minister on the subject of Volunteers.

Mr Hamilton presumed that that correspondence had only reference to

the employment of volunteers in case of disturbance in the district.

Mr Kynnersley said yes. He did not write to the Provincial Government till the 18th of April, after all the disturbances were over, and he then only wrote one letter. This, as the representative of the Provincial Government he thought it his duty to do, and in it he detailed all that had occurred.

Mr Bowen—'You then reported as Commissioner, and not as a magistrate.

Mr Kynnersley—Yes as Commissioner, on the 18th of April. Mr Hamilton—ln your previous correspondence with the General Government, von reported as a magistrate. Mr Ivynnersley—Not altogether. I was acting sometimes ao commissioner and sometimes as a magistrate. I could not say at any particular moment how I was acting. As I understand the law, in ordinary peaceful times, I have the control of the police on the West Coast, as far as stationing, discipline, &c, are concerned, as commissioner and agent for the Provincial Government on the West Coast. In times of riot or tumult I then should have control of them as a magistrate and conservator of the peace, and make arrangements to quell riot or disturbance.

Mr Bowen—When you went up to Addison's Flat were you acting as the representative of the Provincial Government, or as a magistrate ? Mr Kynnersley—As both. I had agreed with Dr Giles before I left, in my capacity as magistrate, that special constables should be sworn in. If I had thought it necessary at Addison's Flat to read the Riot Act I should have read it in my capacity of magistrate, but when I found things quiet I acted as the representative of the Provincial Government. I never troubled to think in what particular capacity I acted, as I knew in either I could not go wrong. Having acted for two years and a half as representative of the Provincial Government, magistral, and returning officer, many cases have occurred where it was necessary for me to reflect in which capacity I was acting. Mr Hamilton—On each occasion you were acting advisedly, not acting unreflectingly. Mr Kynnersley replied that he had acted advisedly. Mr Bowen—Did I understand you to say that you did communicate with the General Government, and that you were acting under the Government, aud that you merely furnished 'the Provincial Government with a general report of what had occurred here.

Mr Kynnersley Tes, I never thought of writing to the Superintendent till all was over. On the 18th April I wrote a full narration of everything that had occurred to the Provincial Government. I had a doubt whether to write to the Colonial Secretary or the Superintendent, hut I thought on reflection that it would be better to write to the Superintendent. •In reply to Mr Hamilton, Mr Kynnersley said there was only one Magistrate in Westport, Mr Eeid, excepting Dr Griles and himself, the nearest at the time of the disturbances being Mr Lightband, at Charleston, a distance of twenty miles. Two cases were tried arising out of the Addison's Plat disturbances, in one of them a man named Duffy was found guilty and sentenced for assault, and the" other man was discharged. Mr Hamilton enquired who were the persons concerned in preparing the petition resolved on at the public meeting. Mr Kynnersley could only judge by the newspaper report. Mr Bowen believed that Mr Tyler had called the meeting. He wished to know if that gentleman was prepared to proceed in the matter. Mr Tyler was not present and a note was sent by the Commissioners requesting his attendance. It also turned out that several of the Committee appointed at the meet-

ing were absent or had left the district, and a dead lock occurred, there being no one to examine and no one to say anything on the subject of enquiry.

After a little delay Mr Tyler arrived. Mr Hamilton, addressing Mr Tyler said that, of course "he knew the object of the Commission, and they wished to ascertain from him, as one of the Committee appointed to draw up the memorial, whether there was any desire on his (Mr Tyler's) part to proceed further, or say anything in support of the statements therein contained.

! Mr Tyler could only speak individually. He was aware that the memorial had been signed by from 150 to 200 persons, and it had been placed in the hands of Mr Eeid to be forwarded through some member to the G-eneral Assembly, but what had been done fur-

ther with it he was not aware. From what he could gather from public opinion there was a general feeling that the enquiry had better not bo gone into. It was now three or four months since the occurrences happened, and the feelings of dissension that were then given rise to, had greatly allayed,and it was his private opinion it'was bettor not to rouse them up again, but that it would be better to let the matter drop.

Mr Bowen remarked that there were serious charges contained in the memorial, and if it had been forwarded to the House of Representatives it would be better to make the enquiry. Some further conversation ensued on the subject, in which Mr Tyler again repeated his opinion that it would be better to let the subject drop.

Mr Kynnersley—Do I understand then that you withdraw the charges.

Mr Tyler—l am not prepared to say that.

In the course of further remarks Inspector Franklyn said he knew the memorial had not been transmitted, and Mr A. Reid, who was in the court, said that his brother had left it in his charge, but had left no directions in connection with it.

Mr .Bowen asked Mr Tyler if he would be prepared to substantiate the charges in the memorial. Mr Tyler, on looking over the printed copy, said that the first could certainly be supported. Mr Bowen —Will you be prepared to substantiate it?

Mr Tyler—l do not feel called on to constitute myself the accuser of Mr Kynnersley. I am prepared to give evidence if called on.

Mr Tyler added, that if the commission had been appointed at the time p the public would have been glad of it, but as months had now elapsed it was not desirable, it was not he thought dc sirable, to rake up the ill-feeling that had in a great measure subsided.

Mrßoweu—At thetimethe memorial prepared there was a good deal of excitement on both sides, and there had been no time for it to cool down. Do you think there is greater coolness now ?

Mr Tyler said there decidedly was. At that time the leaders of public opinion were favorable to a"commission, but latterly the matter had not been even spoken of. In reply to Mr Hamilton, Mr Tyler said that he thought the commission would decidedly lead to bad blood between the parties. Mr Hamilton—Do you feel less reason to be dissatisfied with Mr Kynnersley's conduct now than you did before ?

Mr Tyler would not offer an opinion.

Mr Hamilton enquired if Mr Tyler thought those signing the memorial would be content to let the matter drop ?

Mr Tyler thought they would. Tn reply to other questions Mr Tyler sail the bulk of the signatures were obtained in Westport and on the Caledonian. x\bout fifty or sixty were got in Charleston. The memorial was sent to that place twice. On the first occasion it was returned without any signatures, but on the second it received the above number.

Mr Hamilton enquired whether Mr Tyler would have any objection to ascertain the feeling of the Committee as to proceeding with the memorial, and let them know what was the feeling of the public on the subject. Though they must have time for consideration, it did not appear to him if the memorial was withdrawn that there was any strong reason for pursuing the enquiry. Mr Kynnersley requested, injustice ito himself, that the charges contained n the memorial, should either be unreservedly withdrawn or substantiated.

Mr Bowen agreed that the Naders in the movement should be prepared to withdraw or substantiate the char ges.

Mr Tyler for his own part would not think of withdrawing the charges, but of course he could not bind the public. It was very improbable that the Government would go to the expense of appointing a Commission of Enquiry on charges that he himself made. Ifitwasa case of withdraw or not, he would not withdraw excepting on the ground of of expediency, and because he thought it undesirable to rake the matter up after it had subsided.

MrKynnersley—lt subsided because charges were brought against me which I have had no opportunity hitherto of replying to. The conversation lasted some short time longer, and it was at last arranged that Mr Tyler should, ascertain the feeling of the other members of the committee, and report to the Commissioners. In order to allow time for this, the enquiry was adjourned till this morning at 10 o'clock.