H.—s

2

contain the Pox correspondence. The probability is that it was an advertisement regarding some matter totally unconnected with this inquiry. To assume that it did contain the Fox correspondence is to assume that the information was stolen, and that the letter addressed by the Premier to Sir Patrick Buckley was surreptitiously opened before it reached Sir Patrick Buckley's hands ; but there is no evidence to show that the Evening Post obtained this information in an unauthorised or in an improper manner. Messenger Mason is quite positive that he delivered the letter either to Mr. Georgeson or to Mr. Kirker, pf the Evening Post commercial staff. Both these gentlemen have sworn that they never opened any letter containing the Pox correspondence, and, as this letter was undoubtedly delivered to one of the two, it naturally follows that that letter did not contain the Fox correspondence. The evidence of Mr. George Humphries and Mr. Gibbons (chief reporter of the Evening Post), and the letter of Mr. Gillon to the Commissioner, is clearly to the effect that the Evening Post did not obtain the information in an improper manner, and I have no reason to suppose that their statements are in anyway contrary to fact. The expert evidence of Mr. Humphries, Mr. Gibbons, Mr. Atack, and Mr. Leys (the editor of the Auckland Star), clearly defined that the usual mode of procedure that would be adopted by the representative of any newspaper endeavouring to obtain important information of this nature would be first to approach the Minister, and, in his absence, the head of the department or the officer in charge; and no evidence whatever has been adduced to show that the usual course of procedure has been departed from in order to obtain this information. Therefore, although Mr. Gillon or Mr. Hoben did not appear to give evidence in answer to my summons, I did not consider it right or proper that they should be proceeded against. When I issued the summonses to Messrs. Gillon and. Hoben, I had reason to believe that they would not attend and give evidence. Nevertheless I deemed it my duty to issue the summonses, in case they were desirous of explaining anything to the Commission. Had I not done so, they might at a subsequent period have stated that they were perfectly willing to come forward and give evidence had they been officially requested to do so. The original letters were written on the evening of the 16th March ; and after press copies of them had been taken in the official letter-book they were enclosed in an envelope, addressed to the Hon. the Premier, Auckland, taken down to the " Manapouri" by William McGoldrick, clerk in the Defence Office, and given into the charge of William Nancarrow, the purser. Mr. Nancarrow delivered the envelope to George Moulder, the Head Messenger of the Chief Post-office at Auckland, on the arrival of the " Manapouri," on the morning of the 19th March, at Auckland. Moulder delivered it to J. E. Hooper, a clerk in the Post-office, who laid it on the primary sortingtable. It was taken off the primary sorting-table by Henry Thomas, clerk in the Post-office, and placed in the Ministerial private box No. 213 on the same date. The letter was taken out of the private box No. 213 the same day by Charles Eobinson, caretaker of the Government Buildings at Auckland, and was placed by him on the table in the Ministers' room in the Government Buildings, Auckland. This room was kept carefully locked, and the letter remained there until the 24th March, when, in response to a telegram from Mr. T. H. Hamer, the Private Secretary to the Hon. the Premier, this letter, with others, was enclosed in a packet by Eobinson, handed by him to Milly Isabel Porter, stamp clerk, Chief Post-office, Auckland, for registration, and was duly registered. It was taken from Miss Porter's charge by A. E. Bedford, a clerk in the Post-office, and by him put into the Helensville mail-bag, on Saturday afternoon, the 24th March, and forwarded to the Hon. E. J. Seddon at Helensville. The registered package was received at Helensville about 7.25 p.m. on the same date—viz., 24th March—and was delivered to Mr. Hamer personally between 7.30 and 8 p.m. on the same date. The package was opened by Mr. Hamer, and handed to the Premier, who, after reading the letters, handed them to Mr. Andrews, his Shorthand Writer, with instructions to forward them to Sir Patrick Buckley, at Wellington. Mr. Andrews put them in his portfolio, and placed the portfolio in a tin box. He locked the box, and gave it into the charge of Mr. Hamer, who brought it to Auckland on Monday, 26th March. Mr. Andrews went with the Premier to Warkworth, and did not arrive in Auckland until the evening of Tuesday 27th March, when he received the locked box from Mr. Hamer. On Wednesday, 28th March, Mr. Andrews opened the box, and took the portfolio out of it, and took the letter from the portfolio, placed it in an envelope, and addressed it to Sir Patrick Buckley, at Wellington, marking it " Confidential." He then posted it personally at the Chief Post-office Auckland, before noon on Wednesday, 28th March. The letter was despatched from the Chief Post-office, Auckland, per " Gairloch," for New Plymouth, on the 29th March. The " Gairloch " failed to connect with the express at New Plymouth on the morning of Friday, 30th March and in consequence, the letter did not reach Wellington until Saturday night, 31st March. On Sunday, Ist April, that mail was sorted, and the letter was placed in the private box of the firm of Messrs. Buckley, Stafford, and Treadwell, solicitors, Wellington. On the morning of Monday, 2nd April, the letter was taken out of the private box of the firm—most probably by Mr. Sydney Stafford and placed on the accountant's table, and soon afterwards transferred to Sir Patrick Buckley's table, in the firm's office, by Alfred Pedder, office-boy. On that same morning—viz., 2nd April—the letter was taken off Sir Patrick Buckley's table, in the firm's office, by James Sandbrook, Sir Patrick Buckley's official messenger, and was placed by him on Sir Patrick Buckley's table, in his room at the Government Buildings. There the letter remained, unopened, until the morning of Wednesday, 4th April, on account of Sir Patrick Buckley's absence from Wellington. The letter was first opened by Sir Patrick Buckley on the 4th April, at about 10 a.m., or shortly afterwards. A few minutes afterwards the Hon. Mr. Ward went into Sir Patrick Buckley's room, and was informed by him that the Fox letters had arrived. They were handed to the Hon. Mr. Ward by Sir Patrick Buckley, and Mr. Ward then went to his own room direct, bringing the letters with him. He read the letters, and then gave them to his Private Secretary, Mr. Hyde, with instructions to have them " sent along to Sir Patrick Buckley at once." Mr. Hyde returned the letter to Sir Patrick Buckley at once, per Thomas Eedmond, messenger to the Hon. Mr. Ward. Sir Patrick Buckley took the letters out of the envelope and placed them in another one, and addressed the envelope to the Hon.