Magistrate Removal and Appointments




145
THE NEW ZEALAND GAZETTE.

Wellington, 1 October, 1858.
TO HIS EXCELLENCY COLONEL GORE
BROWNE, C. B.

SIR,—I have the honor to call your atten-
tion to several affidavits forwarded to your Ex-
cellency by this opportunity, by His Honor
Mr. Justice Gresson, in the case of "Schroder
v. Baker."

I presume that this step has been thought
necessary with the view of suggesting to your
Excellency the propriety of striking my name
off the list of Magistrates for the Province.

However indifferent I might be as to the
result, so far as regards the distinction of a
J. P. attaching to my name, I am far from
being so as to any question which may affect
my character, and I therefore have to request
that your Excellency will order a full and
strict investigation of my conduct in this un-
fortunate affair.

I have declined answering except in general
terms the second affidavit of Margaret Langley
and Caroline Matthews, as most of the state-
ments therein made are false or misrepresented.
I consider it therefore better to leave it un-
contradicted till the matter is investigated
before a public or such other tribunal as your
Excellency may appoint for the purpose.

I can assure your Excellency that I have no
reason to regret the part I took in the pro-
ceedings against the Rev. A. Baker, and that
so long as I hold a commission as a Magistrate,
I shall endeavour to do my duty fearlessly and
conscientiously.

I have the honor to remain,
Your Excellency's most obt. servt.
C. J. PHARAZYN.

Attorney-General's Office,
Auckland, 3rd November, 1858.

SIR,—It is my duty to inform you that his
Excellency the Governor, with the advice of
the Executive Council of the Colony, has
caused your name to be removed from the
Commission of the Peace for the Province of
Wellington.

It is with great regret that such a step has
been taken, but the affidavits in the case of
Schroder v. Baker which have been forwarded
by his Honor Mr. Justice Gresson for the
information of the Government, fully establish
that your conduct in that case has been such
as to render it impossible, consistently with a
due regard to the purity of the administration
of justice in the Colony, that you should be
permitted any longer to exercise the functions
of a Justice of the Peace.

Your application for an investigation before
a public or such other tribunal as his Excellency
might appoint, has received careful considera-
tion, and the conclusion clearly arrived at is,
that such a proceeding would not only be
useless but mischievous.

Even setting aside the evidence of the wit-
nesses, your own admissions are fully sufficient
to justify the course which has been taken by the
Government, and it is impossible to admit the
propriety of his Excellency the Governor, in a
case like the present, appointing a tribunal,
which could neither compel the attendance of
witnesses, nor examine upon oath those who
might think fit to attend, to investigate a
matter, which has already been judicially
before the Supreme Court, where you have
been afforded ample opportunity of meeting
upon oath the accusations which have been
made in the same manner against you.

It has been a subject of serious consideration'
with the Government whether it would not be
proper that the Attorney-General should be
instructed to file a criminal information against
you, but this being the first occasion on which
the Government of the Colony has felt it
necessary to adopt so strong a measure as the
removal of a gentleman from the Commission
of the Peace, on the ground of misbehaviour
in his office, it has not been considered neces-
sary that any further proceeding on the part
of the Government should be taken.

I have the honor to be, Sir,
Your obedient servant,
FREDK. WHITAKER.

C. J. Pharazyn, Esq.,
Wellington.

NOTICE.

Treasury,
Auckland, 31st October, 1858.

PURSUANT to the terms of the Deben-
tures issued under the provisions of the
"Land Claims Ordinance, New Ulster, Ses-
sion VII, No. 22," it is hereby notified that the
principal moneys secured by the said Deben-
tures, and interest thereon, will be payable on
presentation of the same at the Colonial Trea-
sury, at Auckland, on or after the 10th day of
February, 1859.

It is further notified that no interest will
accrue after the said 10th day of February,
1859, on the principal moneys secured by the
said Debentures.
C. W. RICHMOND.

Treasury,
Auckland, 3rd November, 1858.

HIS Excellency the Governor has been
pleased to appoint

Mr. JAS. G. WOON
to be Clerk in the Custom House, Wanganui
vice Mr. W. Woon, deceased.

C. W. RICHMOND.

Minister for Native Affairs Office,
Auckland, 3rd November, 1858.

HIS Excellency the Governor has been
pleased to appoint

T. B. KENDERDINE, Esq.,
to be Medical Attendant on the Natives of
Whangarei.

C. W. RICHMOND.



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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1858, No 28





✨ LLM interpretation of page content

⚖️ Letter regarding Magistrate conduct and request for investigation in Schroder v Baker case (continued from previous page)

⚖️ Justice & Law Enforcement
1 October 1858
Magistrate conduct, Schroder v Baker, investigation request, Langley, Matthews, Baker
  • C. J. Pharazyn, Requesting investigation of conduct
  • Margaret Langley, Mentioned in false affidavit statements
  • Caroline Matthews, Mentioned in false affidavit statements
  • A. Baker (Rev.), Party in the proceedings

  • C. J. Pharazyn

⚖️ Official notification removing C. J. Pharazyn from the Commission of the Peace

⚖️ Justice & Law Enforcement
3 November 1858
Commission of the Peace removal, Schroder v Baker, Supreme Court
  • C. J. Pharazyn (Esquire), Removed from Commission of the Peace

  • Fredk. Whitaker

💰 Notice of payment date for Land Claims Ordinance Debentures interest and principal

💰 Finance & Revenue
31 October 1858
Debentures, Land Claims Ordinance, New Ulster, Interest payment deadline
  • C. W. Richmond

🏭 Appointment of Clerk in the Custom House at Wanganui

🏭 Trade, Customs & Industry
3 November 1858
Appointment, Clerk, Custom House, Wanganui
  • JAS. G. WOON (Mr.), Appointed Clerk in Custom House
  • W. WOON (Mr.), Deceased predecessor

  • C. W. Richmond

🪶 Appointment of Medical Attendant on Natives at Whangarei

🪶 Māori Affairs
3 November 1858
Appointment, Medical Attendant, Natives, Whangarei
  • T. B. KENDERDINE (Esquire), Appointed Medical Attendant on Natives

  • C. W. Richmond