THE IRISH NATIONAL LEAGUE, GREYMOUTH, AND SERGEANT-MAJOR O'GRADY.

New Zealand Tablet, Volume XIII, Issue 14, 24 July 1885, Page 19

THE IRISH NATIONAL LEAGUE, GREYMOUTH, AND SERGEANT-MAJOR O'GRADY.

(Concluded.) Ow cross-examination by Mr. Hannan, Sergeant- Major O'Grady said: 1 will not swear that the conversation mentioned by Joneß and Gilmer did not take place between as, bat my impression is that it did not. Ido swear that I never told O'Brien the version he gives of the statement relative to Irishmen mobbing me : that is false. The evidence given by Gilmer that I told him the court was packed with Irishmen and Catholics is also false. As far aa I •remember I did not use the expression mentioned in Sheedy's •evidence, " Do you think I woold do or say anything to damage the League when lam a member of it and pay into it, etc." I believe I used part of it, bat not the part stating I was a member. I will Dot swear ,1 did not use it. My evidence as to the meeting between Gilmer, Emerson, and myself is the correct account of how that saying " mobbed by Irishmen, etc." started. O'Brien's evidence as to this matter is false. I did not tell O'Brien anything about Inspector Emerson opening police telegrams ia Gilmer's presence, as sworn to by him. I cannot give any explanation as to why I did not, on 'their appearance here as witnesses yesterday, cross-examine Gilmer and Emerson relative to the conversation between us, which I have ■sworn to. I will not swear that I did not make the statement to the Magistrate in the R. M.'s Court, that 1 had a constable watching Gieseking's house, but I don't tbink I said " watching." I did not at any time tell Mr. Biordan that a petition should bs got up for the reprieve of Donohue because I believed he was innocent, nor •did 1 say I would get one up myself were it not for my posit'on." Edward P. Heaphy gave evidence to the efiect that he was in Hokitika during Donohue's trial. Was with O'Grady a good part of •the time. Heard a report circulated there, that the Land League had subscribed a sum of money to defend Donohue. Do not remember hearing O'Grady say it, nor say anything about being frightened of Irishmen mobbing him. William Kettlty, Dr. Acheson, David Girdwood, and Dr. Moxice gave evidence similar to last witness, E. P. Heaphy. Bobert Gamble testified t o the report being current in Greymouth, during O'Grady's absence at trial in Hokitika. John Geseiking gave evidence to prove that O'Grady did not ■have any conversation with him, relative to the case Dixon v. O'Grady, aor ask him to keep away. Johns Emerson, Inspector of Police, sworn, said: M I do not recollect any conversation taking place between Gilmer, O'Grady, and myself as sworn to by O'Grady. My impression is that ie did not take place. O'Orady never said auytning to me about Irishmen mobbing him, nor did he tell me anything about the League subscribing •towards Donohue's defence, but be denied having said so. During the two years and nine months he was under me. I always considered ■him truthful, and that he had done his duty." Cross-examined by Mr. Hannan : JSeveral persons in Grey mouth have requested me to remove O'Grady. Amongst them were Justices of the Peace, newspaper proprietors, merchants, solicitors' arid others, and I can say they were gentlemen nor ? 1 believe, connected.with the Land League. They told me this course was advisable* owing to the ill-feeling existing amongst the people, and that they believed O'Gfady's actions tended to put class aga.nst class. I recollect being wiih Mr. Jones and Mr. Heiklet when I asked Mr. l Tfoheß whether O'Grady had told him thia affair about the Land League *nd Donohue, and wculd tie give me a written statement. He replied, t&e did not want' to put anything in writing, but that'if any inquiry was held, he would be able to swear that O'Grady did tell him? and Gilmer so. - -

Be-Bxamined by Sergeant O'Grady : I did recommend your removal after making due enquiry. (S.rgeant O'Grady here applied to the Court, to compel Inspector Emerson to give the names of the persons whom he (Emeison) had swum asked him 1 to remove O'Grady. The Court not acceding, O'Grady again requested 'it, and gave as a reason that he was doubtful of Inspector Emerson's evidence on this point. Inspector Eaerson offered to hana in the names to the Commissioner if he required them.) At the request of Sergeant O'Grady, the euquiry was adjourned to Hokitika, for the puipose of taking the evidence of some witnesses there.

On the 2nd July at Hokitika, the following witnesses were examined on behalf of Sergeant O'Grady ; —William L. Fowler, H. B. Bae, H. S. Wales, James Evans, Thomas Treloar, S. C. W. Holler, M. Cleary. John B. Hudson. The evidence of these witnesses was all to the same effect— namely, that the report that the Laud League subscribed to Donohue's defence was common talk in Hokitika during the trial, that they were frequently ia O' Grady's company at that time, that he never told them anything about it, nor said he was afraid of being mobbed by Irishmen or anything to that effect.

The hearing of ; the charges preferred by Messrs. Gilmer and Campbell against Sergeant-Major O v Grady was commenced at Greymouth on 30fch June, before Major Keddell, 8.M., who had been appointed a Commissioner as in the charges of O'Brien aud others. These charges may be said to have "arisen out of the previous ones. When O'Brien and others made their charges in writing against O'Grady, he was called upon to make an explanation thereto. In his letter of explanation to the Inspector, he denied O'Brieo'u charge in toto, and went on to show that he considered they were brought against him owing to : his having worked up the arson case agaiust Hughes and Moloney ; that these men, O'Brieu and others, were greatly interested in the result of Hughes' case.j._that Felix Campbell (one of th,e witnesses against him, , O'Grady) had a mortgage over Hughes' property, also that Mr. Campbell held a mortgage over the property of Mr. Gilmer (another of the witnesses against him, O'Grady), and further that Mr. Campbell was referred to as Hughes' ' backer."

m B4r« Jones, solicitor for Gilmer and Campbell, in his opening speech on these charges, commented severely on the conduct of O Grady, in writing such a letter, more especially as the statements complained of by his clients were totally false, and he further stated that he considered such statements were written maliciously by O'Grady, and with the intention of shaking the credibility of his clients, and so Iweakening any evidence they might be required to give in the matter of these inquiries. The evidence produced in support of these charges wbb briefly as follows :— :

Pelix Campbell, merchant, .Greymouth, being sworn, said- I have read the report of Sergeant-Major O'Grady in answer to the charges made against him by O'Brien and others. Od coining to the place where I am referred to as Hughes' •• backer," I found on consideration that several meanings could be inferred from that expression—one that 1 was a party to the arson case ; another that- 1 had helped Hughes with money. There has been a series of prosecutions by 1 the police against Hughes, and he has not been found guilty on any of them. The first was for sly-grog selling. The next was |or stabbing a cow, in which case the grand jury threw out the bill against him, and Mrs. Elemple, the chief witness against him, was convicted of perjury and sentenced to 12 months. At the time of these charges Hughes was solvent, and his order would have been good for any reasonable amount in my store. The next case against him was for arson. Hughes was not then under a mortgage to me. I believe these continued law proceedings impoverished him, I bought some mining property off him, he stating that he was short of money to meet his bills. This, and supplying him with goods in the ordinary way, is the only " backing " I have ever done for him. I was not in any way instrumental in getting charges laidagaindt O'Grady. nor was I actuated by spiteful or malicious motives when I told 0 Brien what I knew of these charges. I have never attempted to prejudice Mr. Gilmer's evidence, and I am not now the mortgagee of, nor have I ever held a mortgage over Gilmer's property. On cross-exaniinatidn by Sergeant-Major O'Grady, witness said : 1 do remember some gentlemen coming to me for a donation on your account. I did not then say I would give a subscription to bang you, or any words to that effect, but I refused to give anything. "The term " backer " might apply to persons who sold goods to others.' A I do not think by that term you meant I was a party to the actual burning, but persons unacquainted with me and at a distance might think so. I did not supply Hughes with money to carry on any of those cases nor guarantee his expenses One reason why I told you I disapproved of your action in carrying on tne cow-stabbing case against Hughes was because T saw Mrs. Klemple. the cbie'f witness against Hughes, reading her evidence, whilst in the box (on the first hearing in B.M.s Court), from a written statement, which, when detected, she stated had been given to her by one of the policeConstable Bowden, she said— and I thenceforth considered you were to blame in carrying on such a case. - - . Samuel Gilmer, storekeeper, Greymouth, sworn : I have read O Grady's report. Felix Campbell had no lien or mortgage on |ay property. lamat a loss to know where O'Grady got such information from. I -think--he~{mt ihe.atatemanjr in- so as JioJamaee mr credit, ras the matter has lately beer "freely ia^J^om, Mr. Oampbell haa,never during thesein/joiri^s endeavoured 1» influence me in any evidence -I- •mightv-grve. ..In informing Mr. OSmpbell of 0 Grady's statement's re Land League, I did so because -J^elieved his story, and considered he (o.'<3?ady) was an ill-used man, in having to try and secure... a conviction against such odds 1 ," and was not actuated byj any spite "or malice. Cross-examined by Sergeant O'Grady : We hav£ always been good frieuda. Ido now believe, on account of that paragraph in your reporK ; 'that you have an ill-will against me. It is my impression you wrote that because you thought I would have to give evidence against you in O'Brien's charges. Campbell and I are intimate, and 1 have always dealt with him. For the defence, the only evidence adduced was-— Thos. O'Grady, sergeant-n&jori who, being sworo, said : At the time I wrote the document complained of it was as a defence to charges j m * de by-James O'Brien and others against me concerning the Land League. The reference to Messrs. Campbell and Gilmer was intended only to show that the information, in the first place, reached Mr. Campbell from Messrs. Jones and Gilmer, and why it should go to Campbell, because he was assisting Hughes in carrying on cases as a friend I had no vindictive or malicious motives against either Campbell or Gilmer when, I wrote the letter, nor have I now. I did not think, nor do I now, that any money matters between them would influence their evidence ,against me, both being men I always held in great respect. Hooked upon the document as a departmental and privileged one, at the time it came, to this Court. for tne purpose of the first enquiry ,and I looked on it in the same light wbeu I wrote it, and intended it only for tne police authorities as an explanation to the charges. I was thea under the impression that the cuarges made by O Brien and others would have been, and in my opinion ought to have been decided by the police authorities. In discharge of my duty as referred to by Mr. Campbell about Hughes, I took no steps nor in any way acted inconsistently with the duties of a police sergeaut. I had no animus against Hughes. With regard to the statemeat about Gilmer and the mortgage, I had no animus, nor vindictive or malicious motives, and it was intended merely to show the route by which 3lr. Campbell received the information which he subsequently gave to O'Brien. Dafirig'my stay in Gre'ymoutb 1 , about two years and nine months, I have of mn heard the expression used that Mr. CampbelLwas interested in Gilmer's property. I have also heard the word " mortgaged " used and ia many ways talked of. I feel now that I Bhould have used before the word " mortgage " the words "having heard it." After I wrote it I made enquiries and found out no mortgage* existed, and 1 1 told 1 Mr. Gihnir/of "tW before the enquiry. Oacross-examtpatiunSergeant/Oi'Gradysaid: I certainly would nave written the paragraph jeterred to even had I known it would afterwards be seen, by Gilmer and Campbell because I believed it to be true.

This concluded all the evidence in these enquires. It now remains with the commissioner, Major Keddell, to forward the depositions, together with any recommenoation of his own, to the Minister of Justice in .order to settle matters.