physically fit to do this, and properly carry his important duties as Superintendent of the Government Civil Hospital."
I wrote a final statement on 2nd December, and next day, December 3rd, I appeared before the Council and answered. Eager to answer 150 questions put to me. Some of the subjects I was unprepared for, having received no notice that they would be introduced; one of them being my memorial to the Secretary of State in June last, concerning the appointment of Mr Jordan as Acting Colonial Surgeon.
With regard to this point I beg to state that when Mr Ayres went on leave in June, I was in robust health, and able to do extra work; while in November, having suffered from dysentery in the summer, I was unable to undertake additional duties.
Another subject was correspondence concerning medico-legal work anterior to my final instructions of June 1883, which I most respectfully submit had nothing to do with the present charge.
On 3rd December, the finding of Acting Governor and Executive Council was communicated to me as follows:
1. "That Dr Wharry's explanations are unsatisfactory, and the tone of his correspondence disrespectful and unbecoming!"
2. "That they consider that he has fully deserved suspension for the deliberate refusal of duty in an emergency, at a time when, on his own showing, he was in his ordinary state of health."
3. "State of health. That his health is not good, and nothing can justify his refusal of duty. That in view, however, of the state of Dr Wharry's health, which he alleges prevents his undertaking, even temporarily, the duties for the performance of which he received an increase of salary, the Council are unwilling to recommend his suspension and advise that he be allowed to retire on pension."
With regard to Paragraph 1 of the finding, I respectfully submit that the shortcomings of my correspondence are in themselves evidence of deteriorated health and nervous exhaustion from overwork. Paragraph 2 contains three points, which I respectfully acknowledge and carefully consider:
(a) "deliberate refusal of duty"
(b) "emergency"
(c) "on his own showing, he was in his ordinary state of health"
(a) My letter of 4th November was despatched on Sunday morning (7th) in reply to the Colonial Secretary's letter of 3rd received the previous evening about 8 o'clock. When I wrote I was under the impression, as I had been since receiving the letter of June 6th fully defined in that letter, and did not therefore comprise ordinary medico-legal work in the hospital, but duties outside.
I respectfully submit that my letter...
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(To be continued)