63

Statement of John M. Wayland, relative to the complaint of incompetency preferred against him by the Resident Magistrate, Auckland.

To His Honor the Superintendent and his Executive Council.

GENTLEMEN,—Exceedingly painful as I feel my present position, I am somewhat relieved, when I consider that I have been forced to make this statement by the prior complaints of the Resident Magistrate.

Many years of adversity, I may almost say distress, would have enabled me to endure much suffering in private, without giving utterance to my feelings, but to be deprived of a good name, by having it stigmatized by the epithets "incompetent" and "stupid," is wounding a man, whose whole life has been devoted to literature, in a most sensitive part, and more than I can well bear, especially when these accusations are accompanied with a harshness which amounts to insult.

Many a time have I, whilst sitting in the Auckland Court, been ready to thunder an angry reply in my oppressor’s ear, but prudence and respect for the Magisterial chair forbade such a course, forced me to be a hearer only, and long for a time to reply,—and I am happy to find, that by the kindness of the Superintendent and his Executive Council, I have been afforded this opportunity of explaining the circumstances which appeared to have rendered necessary the application made by the Resident Magistrate for my removal from office in his Court.

It was sometime after the departure of Mr. Barry that I called upon Mr. Beckham, and asked him to recommend me to the vacant clerkship in his Court, which he promised to do, adding that it would afford him much pleasure. I thanked him, and left in his hands my official application, in which I distinctly applied for the vacant post of Chief Clerk, urging in support of my pretensions that I had been upwards of two years Clerk to the Bench at Onehunga. I also told him that Mr. Symonds, the Resident Magistrate, would testify to my efficiency, and to the respectability of my character and position.

Mr. Beckham afterwards wrote to the Superintendent, placing my name at the head of a list of new applicants, and stating that he considered me the most suitable, but on account of the onerous and difficult duties of the Chief Clerk, he would suggest that Mr. Piercy should be appointed Chief Clerk and Interpreter, Mr. Saunders second Clerk, and that the post of third Clerk should be supplied by me.

Now, Gentlemen, I did not ask for the third clerk’s place, and had Mr. Beckham, before recommending me to it, consulted my wishes on the subject, he would have then learned my unhesitating objection to accept of a situation subordinate to the other Clerks.

After receiving my appointment from the Superintendent, I called upon Mr. Beckham the next morning to thank him for his recommendation (I knew not at that time he had recommended me to the office of third clerk) and respectfully requested permission to absent myself for a few days in order to get all things in readiness and instruct my successor at Onehunga. I told him, also, that Mr. Symonds required me on the licensing day, but he refused,—not a day could I obtain.

The following day I took my seat at my desk, and Mr. Piercy placed in my hands the following list of the duties I had to perform, signed by Mr. Beckham:—

"Duties to be performed by Mr. Wayland in the Resident Magistrate’s Court, Auckland.

To make out criminal daily reports.

To have charge of the correspondence.

To take all informations.

To take all criminal depositions.

To issue all criminal process and fill up all forms connected therewith.

To receive, and be responsible for, the due collection of all criminal fees and fines, and to take charge of everything connected with the criminal business of the Court.

(Signed) "THOMAS BECKHAM, R.M."

April 21st, 1857."

This was the day appointed for hearing the applications for Publicans’ certificates, and as I could not by any possibility conceive what this had to do with criminal business, I made no entry in the Deposition Book of what took place, and after the meeting was over I was taken to task because I had omitted to do so. I referred Mr. Beckham to my list of duties to be performed, and told him that neither Mr. Piercy nor Mr. Sanders had intimated to me that it was a part of my duty. I, however, entered in the Deposition Book on the following day a faithful account of the transaction, which Mr. Beckham signed. The meeting was adjourned for a fortnight in order that the Recognizances and Notices might be prepared for signature. Perceiving that the other clerks were not engaged in anything particular, I thought it hard that I was not permitted to attend at the Onehunga Court for the purpose before mentioned.

In entering upon a new office the most adept will require some little time or assistance to see how things are managed; but I had no such favour shewn. When I ventured to ask for information I was refused.

Mr. Beckham seemed to think of everything he could to confuse and terrify me; and fearing that I should have time to refer to the Records of the Court which contain cases which are never heard in the Onehunga Court and compare the Informations with the depositions, by which means I should, in a short time, become perfectly au fait, he told me that I must immediately make out two copies of the Electoral Roll and a Militia List, containing several thousand words, to be ready by the first of June. I do not think that Mr. Barry ever had to perform this work. Mr. Sanders was the copying Clerk.

I had also to copy and prepare for the Supreme Court, the depositions of ten or twelve criminal cases, which should have been done by my predecessor. To complete this, I have had to rise at midnight, and was regularly in the Resident Magistrate’s Court at 9 o’clock in the morning,—striving my very utmost to do everything to his satisfaction, but it was all to no