– 397 –

Crown Solicitor to Colonial Secretary.

In answer to your letter of 8th instant respecting the conduct of the Master and Crew of the brig Elizabeth at New Zealand, I have the honor to state to you for the information of His Excellency the Governor that in pursuance of the instructions I received from him through your office, I filed an information in the office of the Supreme Court and moved the Court for a Bench Warrant thereon against all the parties named in your letter of 12th February last, which was placed in the hands of the Chief Constable who apprehended the Master of the vessel, Captain Stewart, whom I afterwards admitted to bail to appear before the Supreme Court when called upon for trial. The other parties I understood from the Chief Constable when I last spoke to him had not been apprehended in consequence of their keeping out of the way. I am given to understand by Mr. Keith, who has been retained by Mr. Gordon Davies Browne on the part of the prosecution, that exertions have been made by some individuals in Sydney to get the last mentioned parties with the most material witnesses to the transaction, out of the Colony, and that Gentleman informs me he is now preparing a statement to lay before the Governor on that head.

I enclose copies of two letters I wrote to the Principal Superintendent of Police on this matter but the Depositions were subsequently returned to me without any fresh evidence having been taken.