THE NEW ZEALAND GAZETTE.
140
duty to have all the affidavits laid before His
Excellency the Governor.

I have the honor to be, Sir,
Your most obedient servant,
H. B. GRESSON.

The Honorable
the Colonial Secretary,
Auckland.

In the Supreme Court of)
New Zealand for the
Southern District.

I, Arthur Baker, of Wellington in the
Province of Wellington and Colony of New
Zealand, Clerk in Holy Orders, make oath and
say:-

Ist. That on or about the 31st day of that
August last I was served with a summons
issued out of the Resident Magistrate's Court
at Wellington, to attend such Court on
Friday the 3rd day of September, instant,
to answer the complaint of George William
Schroder, of Wellington aforesaid, Grazier,
for having on the 1st day of June, then and
now last at Wellington aforesaid, unlawfully
assaulted Mary Schroder, infant daughter of
the said George William Schroder.

2nd. That I duly attended such summons
with my solicitor Mr. John King on the
3rd day of September, instant, before Henry
St. Hill, Esquire, the Resident Magistrate
at Wellington aforesaid, when the hearing of
the complaint was adjourned until the after-
noon of that day, in order that there might
be a full bench of Magistrates to hear such
complaint. I having on a previous occasion
consulted with the said Henry St. Hill
on the matter. That I did with my said
solicitor attend such adjourned meeting before
Henry St. Hill Esq., and fifteen other magistrates
when the witnesses examined on the part of
the prosecutor were the said Mary Schroder
and Elizabeth Burbridge, and such hearing
was further adjourned until the 6th instant,
when the examination of the said Elizabeth
Burbridge was completed, and Alexander
Johnson of Wellington, Surgeon, was ex-
amined on behalf of the complainant which
closed the complainant's case, and my
said solicitor thereupon submitted to the
Bench that the case should be dismissed, as
the evidence was of a conflicting and contra-
dictory character, but the Bench decided
that I should be put upon my defence.

3rd. That evidence was adduced on my
behalf to shew that the said Mary Schroder
had not been at all times truthful; and it
appears from the evidence of the said Mary
Schroder, given on the hearing of the said
complaint against me, that such evidence
was inconsistent and contradictory in material
facts and points, and her evidence was also
contradicted in material facts and points by
the evidence of the said Elizabeth Burbridge
and Margaret Langley, who was subpœnaed
as a witness by and on behalf of the com-
said Margaret Langley, but who was ex-
amined on my behalf.

4th. That on the said 6th day of September
instant, the said Henry St. Hill, as such
Resident Magistrate as aforesaid, did, after
the complaint had been considered by the
said Bench of Magistrates, pronounce judg-
ment to the effect that I was guilty of the
said complaint, and I was fined in the penalty
of five pounds and costs.

5th. That the said Bench of Magistrates,
sixteen in number, retired to consider their
judgment about 12 o'clock at night and
returned after more than one hour's delibera-
tion; and I have been informed and believe
the same to be true, that the judgment of
the said Magistrates was not unanimous, but
that seven dissented from the judgment and
conviction.

6th. That one Charles Dudley Robert Ward,
Esquire, Acting Solicitor and Barrister of
the Supreme Court of New Zealand, was one
of such Magistrates by whom the said
complaint was heard, and, as I have been
informed and believe to be true, was one of the
Magistrates who was in favor of a conviction;
and that the said Charles Dudley Robert
Ward, as I am advised and believe to be true,
was not by law permitted to act as a Justice of
the Peace and ought not to have sat on the
hearing of the said complaint.

7th. That I conscientiously believe that I
had not a fair and impartial hearing of the
said complaint against me, by reason of at least
seven of the said Magistrates, including
William Fox, Chief Commissioner of Crown
Lands at Wellington, William Fitzherbert,
Provincial Secretary, Charles Johnson Pharazyn,
Provincial Auditor, the said Charles Dudley,
Robert Ward and William Lyon being violently
opposed to me upon political, religious, and
other grounds, all of whom, I have been
informed and believe the same to be true, were
in favor of the aforesaid conviction against me.

8th. That the said prosecutor George
William Schroder did, on or about the 13th
day of August last, violently assault and horse-
whip me for the alleged assault by me upon
his said daughter, the said Mary Schroder, on
the said 1st day of June last; and I did on the
14th day of August last, being the day
following such assault upon me, commence
proceedings in the Supreme Court of New
Zealand against the said George William
Schroder for the sum of five hundred pounds
as damages for such assault; that my said
Solicitor, previous to the investigation and
hearing of the said complaint against me for
the said alleged assault upon the said Mary
Schroder, objected to such investigation and
hearing upon the following grounds amongst
others, that the information for such
alleged assault by me was laid for the purpose
of prejudicing my said action against the said
George William Schroder, and that he the said
George William Schroder had allowed several
weeks to elapse after full knowledge of the
circumstances of the said alleged assault by me,