THE SEIZURE OF THE WHARF.

Wellington Independent, Volume XXII, Issue 2548, 23 July 1867, Page 5

THE SEIZURE OF THE WHARF.

To tbeEditor of the Wbllinoton Independent. Wellington, 22nd July, 1867. Sib,— ln an article headed-" Wharf extension," in your paper of the 20fch insfc, there are some statements, which I am quite sure, unintentionally on your part, are calculated to give the publio a false impression as to the circumstances under whioh I caused possession to be taken of the wharf. The case of Swift v Eager was decided on the 9th insfc, possession of the wharf was fcaken on the 18fch . during the interval no applioation had been made to the Supreme Court on behalf of Messrs Kennard to settle the question of fcheir right fco retain possession or to obtain an injuction to restrain the Government from taking possession. v At the trial of the case " Swift; v Eager" ifc was arranged thafc a nominal fine Bhould be inflicted, in order to enable Messrs Kennard fco gefc, if fchey could, an opinion from the Supreme Court, as to thoir legal right; fco hold possession of fcho wharf againsfc the Government. The Magistrate's power to impose a fine at all was nofc in dispute, because all parties knew there was no suoh power under the circumstances, and it was desired that the opinion of the Supreme Court should be obtained, if possible, on the merits of the case. To enable that to bo done, I did nbt say fchafc if notice of appeal wore given at once, I would not take possession of the wharf, because a mere notice, not followed up by a prompt applioation to tho Supreme Court, might delay the Government indefinitely. But I did intimate, that if all due diligence was exercised in obtaining the opinion of the Supreme Court, I would delay taking possession. . To this day no such opinion has been sought to be obtained, although the Judge of the Court lias been here all the time, arid a Sittings in Banco was held on tho 16th, affcer I had given notice to Messrs Kennard's counsel fchafc I should no longer be bound to rofrain from taking any coursel thought proper. On fche llth inst, I heard that Mossrs Kennard's counsol were going fco raise in the appeal case tho technical objection thafc the Magistrate had no right to fine at all. As that objection musfc prevail and afc the same time prevent the caso being gone into at all, I waited on Messrs Kennard's counsel, and told him that if tliafc was the course ho intended to adopt, I should go no further in the appeal case ; but should consider the affair-in statu quo. He desired rao to take no action until he had consulted his client, and promised to write me on fche nexfc morning, the 12fch inst. On fchafc day I received from him a note, of wliich tho following is a copy. Wellington, 12th July, 1867. Sic', — I havo to inform you that I have lodged' nofcice of appeal in fche case of Regina v Eager,, and that one of the grounds of appeal is the want of jurisdiction in the Eesident Magistrate. I have, kc, C. B. Izabd. ] I subjoin my reply to that intimation. I Welhngton, 12th July, 1867. Deab Sib, — I am in receipt of your favor of the 12th insfc. As 1 the Resident Magistrate's decision cannofc stand against fche technical objec- j . tion, I<o not intend to resist fche appeal. I thought Mr Kennard wished to get the Judge's opinion on the merits of his case, and was and am anxious not to place any obstacle in the way of hia doing that. Now, however, after this week, I am at liberty to advise the Government to take any steps as to the wharf that tiiey may think fife. I say " fchis week" in order fchafc you may apply if you wish it for an injunction to restrain the Government from taking possession of the wharf. — I am, &c, »C. B. Boelase. C. B. Izard, Esq. As the sittings in Banco wore fco be held on the 16th, I would nofc at once act on tho statu quo, in ordor that Messrs Kennard might apply to tho Supreme Court for an injunction, if fchey meant business ; thoy did not make such application, nor, so far as I am aware, have they mado any to this day. Ono of tho reasons may be the case for appeal as sent into the Supremo Court by fche j Resident Magistrate, a copy of which is as follows : — "At a sitting of tho Resident Magistrate's Courfc, held before me, James Coutfcs Crawford, Esquire, one of her Majesty's Justices of the Peace in and for fche colony of New Zealand, and . Resident Magistrate sitting at Wellington, in the colony aforesaid, on the 9th day of Jiily, 1867, an information by William Swift against Edward Fitzgerald Eugor for assault, came on for hearing, when fche following facts were established before me: — "That the prisoner was guilty of an assault upon fche complainant, W. Swift. | " On behalf of the accused, the evidence went to show fchafc the case involved a question of title, but by agreement between counsel on both sides, the Bench was induced to inflict a nominal line, j with a view to conveying tho case to the Supreme , Court, to bo there argued on its merits. "No point of law was pleaded by the counsel for tho dofence. (Signed) James 0. Crawford, R.M." I think, therefore, on consideration of the facts, you will see that in justice to the public requirements the Government could nofc pormifc the Messrs Kennard to hang up for an indefinite fcime the question of the Government's claim to take possession of tho wharf.— -I am, &c, j 08. Borlase. j . «_ ' To the Editor of the Wellington Independent. I , Sin,— Having lately arrivod in Wellington and , being a comparative stranger here, T unfortunately I got a glass too much tho other afternoon, and was taken to the lock-up. So far, so good. I came j to myself in tho evening, and rapped at my cell door until one of the watchmen came and desired I to know what was wanted, when I told him thafc I he would much oblige me by sending a messenger (whom I offered fco pay) to apprise friends of my circumstances, who would bail me out. Bufc in place of doing this, he brought; a pair of handcuffs, threw me down, placed his knees on my i breast, and manacled me like a common felon. I I complained of the handcuffs boing much too. small, and were paining rae j' but he only jeered me, and said " fchey will keep you warm, and be as good as a pair of blankets." From my personal appearance aud demeanour, tho police must have pereceived that I waß a respectable man, and not one ofthe degraded wretches whom they may be in fche habit of thus treating, and I shall oyer recollect that fcheir sovere conduct to me was alike unwarranted and ornel. Believing tliafc 'you will oxpose injustice in whatever form it presents itself, I would ask you fco be kind enough to insert this note. — Your's, &c, Robebt Higgins.