The Sun.
London, England, 1864-01-12 00:00:00

THE TOWNLEY CASE.

mission.
If the troops and volunteers had taken the pah
by assault, the officers in command would have had
great difficulty in compelling the men to give much
quarter. The appalling list of murders in a single
month is enough to create great irritation in the
breasts of the Europeans. Here is the list :—On
October 14 a settler named Humlin was shot, and a
boy named Wallis, who was with him, was wounded;
on the 15th Mr. Jackson and a lad named Suther-
land were attacked while at work fencing—the
man shot and the lad tomahawked, but not killed;
on the 16th John Fahay, , a pensioner, and his wife
were attacked ; the man was severely wounded in
his head with tomahawks, and the woman killed ; on
the 24th two lads named Trust, while escaping from
a house attacked by the natives, were shot; on No-
vember 2 a settler named Droomould was toma-
hawked. I have omitted soldiers from this list, which
must show that to treat these savages as wild beasts
via soon become an instinct with the troops and
volunteers. It was just the same at Taranaki, even
children of very tender years were not safe from
their tomahawks. The settlers call it murder, but
it is not murder, nor can it be dealt with as mur-
der. It is the native mode of warfare. They have
no fine-drawn distinctions between military and
non-military, and these savage butcheries can now
only be checked by the most
inclined
eando
viewexemptaersye
punishment. I am, indeed, to
savage slaughters as designed by the natives as a
deadly challenge.

A change of Ministry has taken place in New
Zealand, which, according to all accounts e.,
judging from certain speeches in the House of Re.
presentatives and from the tone of the principal
newspapers north and south —promises a very
vigorous prosecution of the war. It is, in fact, a
coalition between the War and Peace parties of
1861, the latter being now convinced, as indeed
every one must be, that the vigorous prosecution
and successful conclusion of this war is the only
security for future peace. The Domett Ministry is
said to have fallen to pieces by internal differences.
Mr. Fox, the leader of the party which adhered to
peace in 1861, and which thought that war unjust,
was sent for, and he united with Mr. Whitaker, the
Attorney-General in Mr. Stafford's war Ministry of
that day. Mr. Whitaker is Attorney-General and
Premier, with a seat in the Legislative Council, and
Mr. Fox is CJlonial Secretary and leader in the
House of Representatives. When the formation of
the Ministry was announced Mr. Stafford, the war
man of 1861, expressed his entire satisfaction with

The policy of the Ministry was enunciated by Mr.
Fox on the 3d inst. When he took office in 1861,
though opposed to the war,: and believing it originated
in an unjust dealing with the land sold by Teira,
but to which Kingi had substantial claims, he stated
that if peaceable methods proved unsuccessful, if
the natives, rejecting the overtures which should be
made to them, were determined to continue their
armed resistance, he should be found as firm to
strike as he was then disposed to conciliate. Now
he seems to be convinced that to strike is the only
course left to the Government. The suppression of
this rebellion is now announced to be the primary
object to which everything else must yield and
minister. As a natural consequence of rebellion
comes punishment, in the shape of confiscation of
land in Waikato and at Taranaki. Indeed, this was
in a measure the foregone conclusion, for Mr. Ball,
a member of the late Ministry, when here with Col.
Pitt to raise the volunteer corps for service in New
Zealand, plainly told those who enlisted that the
lands wherewith to reward them were to be ac-
quired by conquest from the Waikatos. Military
settlements are to be established in the conquered
and confiscated lands throughout the 'Waikato dis-
tricts, and from New Plymouth to Wanganui. For
this purpose the Ministry proposes a new levy of
5,000 men in Australia, and, " if possible," no less
than 15,000 in Great Britain and Ireland. This
will, of course, be a work of time. The sale of land
is to afford the means of paying whatever loans may
be contracted, in order to carry out this scheme.
Roads are to be steadily pushed forward through
the Waikato country. The outbreak is to be treated
as a "rebellion," and anything in the nature of
belligerent rights is denied to the natives. Indeed,
already a bill has been introduced to establish mar-
tial law in Waikato, Mr. Fox, a barrister, being seem-
ingly well aware that the proclamation of martial
law, as in 1861, is absolutely illegal. This measure is
based upon an Irish statute. When peace is restored
by force of arms it is to be secured by making the
natives give up their arms. In short, the Waikatos
have made conquests a stern necessity to the Go-
vernment. The issue raised by them is, "Which
shall be master ?''
There is one question which is often put, and
which is not easy to answer—Will this war be con-
fined to Waikato and Taranaki ? I have very little
doubt that if the Waikatos, acting more promptly
than they have done when our force in New Zealand
was scanty, had achieved a marked success against
the troops a great number of the "friendly natives"
would have joined in the war. The prestige in favour
of the savage against the soldier would have been
contagious, and hostility to the Pakeha might have
developed itself throughout the northern island.
But latterly, even in bush fighting, the success of
the flying column and of parties of troops in several
encounters with larger parties of natives has turned
the prestige the other way. Some of the natives in
the south entertained for a while considerable alarm
lest the Pakehas should attack them. A few months
ago the Nga-li-awa of the Wasrarapa Valley, near
Wellington, had a meeting to consider what course
they should adopt. This meeting originated in the
alarm I have mentioned. They observed that the
settlers were enrolling as militia or volunteers, and
they could not avoid a suspicion that the first blow
might be struck by the Europeans. Very wisely,
one or two of the leading settlers—Mr. &vans and
Mr. Smith, in whom the natives have confidence—
attended the meeting, and explained that the arming
and drilling was not for attack of any kind, but for
defence in case of any hostile invasion by hostile
natives from other parts. Matuel assurances of
support to preserve peace ensued, and I am assured
that in that district Maori and Pakeha no longer
look suspiciously on each other. The same
line of policy was also pursued by Dr. Feather-
stone, the superintendent, at some meetings at
Olaki, with the same happy result, The Nga-pui
north of Auckland, who are numerous and intel-
ligent, have on several occasions expressed their
satisfaction with the Government. They are the
old enemies of the Waikato, and many of their chiefs
like Sir G. Grey personally. Whether they might
not have been drawn into hostility if the Waikatos
had been successful is scarcely worth while to specu-
late about, but certainly their "friendly " character
is confirmed by the repeated successes of the troops
in bush encoanters. Thus the war is principally
confined to the Waikato country, for even at Tara-
naki it is comparatively insignificant, having only
a certain degree of importance from its acting as a
diversion in favour of the Waikato, by keeping a
body of troops employed there. The Thames natives,
too, are by no means unanimous in favour of Thomp-
son's party. Many natives there call themselves
"friendly," and, although some of the newspapers
look upon their friendliness with a very natural sus-
picion, they may be deemed weiters on Providence,
who will not imperil their lands, if they think, as
they are likely to do, that the troops must prevail
sooner or later. Though the Maories who occupied
Mere-Mere have escaped without loss, the whole
length and breadth of Meoridom will understand
this as a sore defeat. Gen. Cameron has the perfect
command of the river, at ,least, as far as Rangiriri,
and the possession of Mere-Mere makes the whole
country, as far as Rengiriri untenable to the Maories.
This latter place is so placed as to be liable to be
knocked about their ears from the river, so that in
all probability it will be abandoned on the very
first demonstration of the troops before it. How
long the natives will be able to hold out and
continue to harass the troops without any deci-
sive engagement it would be rash to say, " They
have achieved their eighteenth murder," says a
private letter, " and must be hunted like wild
beasts." You will see from the very terms of
the Ministerial policy that continued war is
adopted by the Government and forced upon the
natives, for they can scarcely desire peace in the
terms of confiscation. It should seem that nothing
is left to the natives but despair and vengeance,
while to the settlers the natives have made absolute
conquest a necessity and an instinct.
There had been a good deal of skirmishing,
in which the troops and volunteers aro rapidly be •
coming accustomed to bush fighting, and in some
instances the Europeans have prevailed against
numbers. One of these encounters deserves notice.
On Saturday, the 17th of October, some firing being
heard at Mauku, a party of 50 volunteers, under
Lieut. Lusk, started for that place. They came
within sight of the natives ; and Lieutenant Lusk,
thinking his party small, sent to the stockade for
more. Twelve men, under Lieut. Percival, left the
stockade, but scene to have missed their way, for
they came upon a large body of natives, and with-
stood an encounter for about half an hour, but,
finding themselves so greatly outnumbered, they
succeeded in retiring and joining the main body.
The whole body of between 60 and 70 men then
' marched towards where the natives were firing at
random, when they were completely surrounded
and fired on in all directions. The men behaved
with great steadiness and gallantry, and the native
loss was considerable ; but, of course, the volunteers
could not prevail against such odds. Lieut. Per-
ceval was shot, and six or seven were wounded, of
whom twa have since died. Poor Perceval behaved
with great coolness and gallantry. He was well
known in this colony, and was, it is said, a grand.
son of Mr. Perceval who was shot by Bellingham.
1

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The following is a copy of the letter addressed by
Sir George Grey to Mr. Evans, M.P., in reply to
the memorial of the magistrates of the county of
Derby in the case of George Victor Townley :

To T. W. EvANS, ESQ., M.P., ALLESTREE-HALL,
DERBY.

Whitehall, Jan. 8.
Sir,—l am directed by Secretary Sir George Grey to
acknowledge the receipt of your letter of the ith inst., trans-
mitting a letter addressed to him by the magistrates of the
county of Derby, whose signatures are attached to it.
I 'Sir George Grey has lead that letter with the attention to
which both the importance of the subject it refers to, and
the persons from whom it proceeds, justly entitle it.
In order to place the magistrates in full possession of
the proceedings which have taken place with reference to
the case of George Victor 'Townley, a copy of the corres-

- • - -
pondence between this office and the Lunacy Commis-
_ . . . .

sioners, together with two certificates of Townley' B insanity
received by the Secretary of State, and of the order for the
removal of the prisoner to Bethlem Hospital under the pro-
visions of the statute 3 and 4 Vict., cap. 54, sec. 1, will be
transmitted to you as soon as it can be prepared.
The magistrates will learn from this correspondence that
it was in consequence of information conveyed to the Secre-
tary of State by the learned judge before whom the prisoner
was tried, that, in his opinion, a further inquiry as to the
sanity of the prisoner was necessary, that the Lunacy Com-
missioners were requested by the Secretary of State to
undertake the inquiry. Sir George Grey feels that it was
impossible to refuse an inquiry so recommended by the
judge, and he is not aware that, under the circumstances of
the case, he could have intrusted the inquiry to more able

or responsible persons, or to persons likely to conduct il

with greater impartiality and freedom from any precon.
ceived opinion or doubtful theories. The Commissioners'
report is among the papers which will be sent you with the
least possible delay, out the Secretary of State was not
called upon to decide on that report alone whether tb.e sen-
tence of the law ought to be executed or not, because at the
same time that he received it he received also a certificate,
dated December 27, signed by three justices of the peace
(one for the county and two for the borough of Derby) and
two medical men, stating, in the terms required by law,
that they had examined and inquired into the mental state
of the prisoner, and certifying that he was insane. This
was followed by a certificate to the same effect, dated the
29th of December, and signed by two justices of the peace
for the county of Derby (one of them being the same who
had signed the former certificate), and the same two medi-
cal men. Copies of these certificates are also among the
papers which will be eent to you. Upon these certificates
from four justices of the peace and two medical practi-
tioners the prisoner, in accordance with the construction
which has been uniformly placed on the section of the Act
before mentioned, was ordered to be removed to Bethlem
Hospital, the capital sentence being respited, but atot com-
muted.
The magistrates in their letter of the sth inst. say, with
reference to the inquiry made by two magistrates, aided by
two medical men, that that inquiry did not, like all previous
inquiries of the same kind, originate with the gaol authori-
ties, but was promoted and conducted as a matter of profes-
sional business by Townley's legal adviser. Sir Geo. Gray
had no previous information that this was the case,nor could
he be in any way responsible for any irregularity—if irre-
gularity there was—in the proceedings. No person other
than a magistrate could be admitted to examine the prisoner
or to inquire into his mental state without the sanction of
the visiting justices or of the Secretary of State; and as the
visiting justices must therefore have been aware of the pro-
ceeding, and as no communication on the subject was re-
ceived from them at the time, or has been received up
to the present time by the Secretary of State, he could only
presume that what was done was done with their knowledge
and sanction. So far, however, as it concerned the steps to
be taken by the Secretary of State, in conformity with the
law, on the receipt of such a certificate, it was immaterial
how the inquiry originated, provided the certificate was in
accordance with the provisions of the statute.
There is one other passage in the letter from the magis •
trates to which Sir George Grey thinks it right to refer.
They say that the effect of the respite of Townley and of
his removal to a lunatic asylum "has been to cause much
dissatisfaction, and to create a feeling, greatly to be
lamented, that there is ono law for the rich and another for
the poor; that justice has been turned aside by the power
of money ; and that if Townley and his friends had been
poor he would have been executed." The magistrates may
possess information as to the expenditure of money by
Townley's friends of which the Secretary of State has no
knowledge; nor is he aware of the manner in which the
magistrates believe such money to have been expended.
But the most satisfactory proof which can be given that the
course taken with regard to Townley is one which it re-
quired no expenditure of money to obtain, and which would
have been equally taken had Townley and his friends been
poor, is a reference to a similar case which occurred at the
Spring Assizes held at Newcastle•on-Tyne in 1862, when a
wan named Clark, himself a poor man, and with no friends
who were not also poor, and in whose defence no counsel
even was retained, was convicted of wilful murder and sen-
tenced to death. In that case, as in the case of Townley,
the learned judge before whom Clark was tried, in report-
ing the case to the Secretary of State, expressed his opinion
that the verdict was right, but called the attention of the
Secretary of State to the evidence as to the unsound state of
mind of the prisoner at the time of the trial, as having, to
use his own words, ":so intensely important a bearing upon
the question whether he ought to be executed." In conse-
quence of this representation irom the judge, an inquiry as
to the insanity of the prisoner was directed by the Secretary
of Stale, and the result in that case, as in the present, was
his removal to a lunatic asylum.
Sir George Grey trusts that this statement will tend to
remove the impression which the magistrates say exists,
and which they appear to have shared, that a similar course
under similar circumstances, would not be adopted in the
case of a poor man as in the ease of one whose friends had
the power of expending money in his behalf.—l am, sir,
your obedient servant,

H. 'WADDINGTON.

To THE RIGHT HON. SIR G. GREY, BART., M.P., SEC-
RETARY OF STATE FOR TUE HOME DEPARTMENT.
The following is a copy of a letter addressed to
Sir George Grey by Mr. Cox, the magistrate of the
county of Derby, who signed the certificate of insa-
nity in the case of George Victor Townley :
Derby, Jan. 5.
Sir,—l beg to enclose you a letter signed by two borough
magistrates and two medical men of Derby, end myself.
Mr. Scott, the other county magistrate who signed the
certificate of the 29th of December last, and who was to
have signed the encloia letter, has suddenly been called to
Scotland for the purpose of attending his sister's funeral.--
-I have the honour to be., Sir, your obedient servant,
W. T. Cox,
J.P. for the County and Borough of Derby.

To THE RIGHT HON. SIR GEORGE GREY, BART., ➢I.P.,
HER MAJESTY'S PRINCIPAL SECRETARY OP STATE YOR
THE HOME DEPARTMENT, &C.

Sir,—We the undersigned justices of the peace for the
county and borough of Derby, and medical men of Derby,
who signed and forwarded to you two certificates as to the
insanity of George Victor Townley, dated the 27th and 29th
December last, having had our attention called to a
memorial, signed by certain "magistrates of the county of
Derby " dated the sth inst., beg to solicit your considera-
tion of the following facts.

Upon the trial of the prisoner, Mr. H. F. Gisborne and
Mr. J. H. Sims, the surgeon and governor of the gaol in
which the prisoner was confined, deposed to the fact of the
prisoner being insane at that poriod,—viz., on the 11th of
December, and the Rev. H. Moore (chaplain of the gaol)
made a written report of the prisoner's insanity in his
Minute-book, for the inspection of the visiting justices early
in the month of December, and we have been credibly in-
formed and believed that, notwithstanding such evidence of
the surgeon and governor and report of the chaplain, none
of the visiting justices or county magistrates, excepting
ourselves, have visited the prisoner or taken any action
whatever upon such evidence or report.
We beg further to state that we entered upon the inquiry
as to the prisoner's mental condition from a mere sense of
duty, and we took considerable pains to ascertain the true
state of his mind. On the one hand, we believe our certifi-
cates to be perfectly true, while, on the other, wo are assured
that none of the county:magistratos who havo signed the
memorial of the sth inst. have any personal knowledge of
the subject matter of our certificates. Neither the prisoner's
adviser nor any of his friends were present at our examina-
tions, and they have in no way influenced our judgment, or
attempted to do so.—We have, &c.,
W. T. Coz, J.P. for the Borough of Derby.
J. B. TORMAN, J.P. for the Borough of
Derby.
Tiros. 110 E, Mayor of the Borough of Derby.
HENRY GooDE, M.B. and M.R.C.S.
THOMAS HARWOOD, Surgeon &c., and Medi-
cal Officer to the Derby Union,
Derby, Jan. 8.
-

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