H.—37

1873. NEW ZEALAND.

CONDUCT OF W. B. WHITE, ESQ., R.M., MONGONUI.

Return to an Order of the House of Representatives, dated 17th July, 1873, "That there be laid upon the Table copies of all correspondence between W. Butler, Esq., H. H. Fenton, Esq., and all other persons, relative to the conduct of W. B. White, Esq., B.M., Mongonui." — (Mr. Gillies.)

No. 1. Mr. H. H. Fenton to the Hon. the Colonial Seceetaby. Sic, — Kaitaia, 14th September, 1872. I regret having to call your attention to the loose and improper manner in which Mr. White, E.M., of Mongonui, conducts himself. I request that an inquiry may be instituted, to ascertain whether the following charges are true: — 1. In a recent case in which I was interested, the evening before the hearing I found Mr. White and Mr. Kelly (Clerk of the Court) engaged drinking and playing cards with two traders named Tates, one of whom was plaintiff in the suit. The latter was led away, at the conclusion of the evening, in an intoxicated state. 2. Giving his own opinion to the sitting Justices immediately preceding the hearing of a case in which I was plaintiff. Mr. White was an interested party in the case, and also a witness, and was therefore incapacitated from sitting. And further, writing a letter to Mr. Kelly, the Clerk, intended for the inspection of the sitting Justices, before the conclusion of the case, and which letter was shown to one of the Justices, and perhaps both ; the said letter bearing on the case. I have further to complain of both Messrs. White and Kelly advising defendant from the commencement of the suit until it terminated. 3. Being cognizant of a certain trader, in a purely Native district, trafficking with the Natives in the sale of spirits, neglecting to take any steps towards suppressing such traffic, but rather encouraging it by staying as a visitor for a day or two in the house of the said trader. The above charges can be substantiated if only the Government will give me a fair opportunity. I bear no malice to Mr. White, but in the interest of the whole community, I feel it my duty to represent to Government, not only conduct inconsistent with the position of Eesident Magistrate, but derogatory to the character of a private gentleman. It has happened on occasions before, where charges have been brought against officials, that they have been disregarded by the Government, and this is so well known that the public prefer to bear petty tyranny, injustice, or what not, rather than take steps that are almost sure to terminate in placing them in a position worse than they held before. In conclusion, I beg to refer you to the papers in connection with Mr. White's resignation of his appointment in the Native Lands Court. A perusal, I think, must satisfy you that the time has arrived when this gentleman would best serve the public interest by retiring on his pension. Mr. McLeod has further details of the charges just enumerated. I have, <fee, The Hon. the Colonial Secretary. Habold H. Fenton.

No. 2. Mr. Fountain to Mr. H. H. Fenton. (No. 712.) Colonial Secretary's Office (Judicial Branch), Sib,— Wellington, 4th October, 1872. I have the honor, by direction of Mr. Sewell, to acknowledge the receipt of your letter of the 14th ultimo, complaining against the conduct of Mr. White, the Resident Magistrate at Mongonui; and in reply, to inform you that a copy of your letter has been forwarded to that gentleman for any remarks he may hare to make thereon. I have, &c, Harold H. Fenton, Esq., E. G. Fountain. Kaitaia, Mongonui, Province of Auckland. I—H. 37.