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"refusing any explanation." This statement
of Mr. Kinder's is distinct and unequivocal. There can be no doubt about the subject I am accused of refusing to explain, for there is but one in question. the subject of the Pyx Pieces. neither can there be any doubt about the time referred to, for Mr. Kinder says in the one para. graph, "In consequence of Mr. Davies' refusal to enter into an explanation. I applied to you for the services of an auditor." The question was first mooted on the 6th, and Mr. Kinder applied for the auditor on the 7th of this month. Besides, Mr. Kinder does not say "this" or
that," but "my" explanation.
26. In the 5th clanse of my declaration en- closed, I flatly deny having refused at any time to explain this matter to Mr. Kinder, and in the 6th, 7th, and 8th clauses declare that I did ex- plain to him repeatedly as well on the 6th and 7th, as on the 8th instant.
27-In the declaration of Mr. de Conto, en- closed, he describes my going to and from be. tween the Master's Offices and the Bullion Office repeatedly on the 6th instant, making extracts from the Ledger about "Pyx Pieces," which extracts I could only have required in order to explain the matter to the master. Mr. Conto also states distinctly and emphatically that he was present and heard me make expla- nations of the matter to Mr. Kinder, both on the 6th and 7th instants, and Mr. Couto further states, that, he saw me, in obedience to an order sent by the master just as I was leaving the Mint, on the 7th instant, sit down and write certain returns, explanatory of the matter, which he took to Mr. Kinder's office.
28.-There is not the slightest foundation of any kind whatever for Mr. Kinder's assertion. I explained the whole matter to him repeatedly, in his own room, in my room, in the clerk's room, with the books, without the books, with memoranda, without memoranda, in every way I could think of, from every point of view. I must have gone over the whole subject with him at the very least from fifteen to twenty times. I did my very best to make him under- stand the matter, and I failed.
29.--The remainder of the second charge is one of insalting behaviour to the head of my department. I can deal with this more briefly if I am permitted to separate the alleged in- sulting behaviour in the presence of Mr. Silva from the alleged insulting behaviour before that time.
30. When Mr. Kinder summoned me-and Mr. Silva was present-I fully believed that Mr. Kinder was about to report me for insu- bordination, and that any appearance of disre spect I might show would be used in support of that charge. I was therefore on my guard. and unusually careful to avoid disrespect. I recollect that Mr. Kinder in one sentence re- fused to acknowledge certain instructions he had given me, unless l could produce them in writing, and in the next sentence told me to take his word about some other instructions, in reply to which I asked for information, and without any intention to affront Mr. Kinder, what I was to do if I acted on verbal instructions when he was so liable to forget them; to which he rejoined sharply, that I was the most insulting person he had ever met with. This took me hy surprise, for I had no intention to be dia- respectful, and regret that Mr. Kinder should have thought me so.
31. With reference to the alleged insulting behaviour before Mr. Silva's visit, and with reference at the same time to the first statement upon which I am acensed of untruthfulness. the statement that Iasserted that Mr. Kinderbad imputed dishonesty to me, I have to direct atten- tion to the 13th and 14th clauses of my declaration, where I describe the mannerin which Mr. Kinder offered me a most unjustifiable insult by saying: "I say that when you found you had $10.00 too much returned to you, you ought as an honest man to have brought it back, and
you did not bring it back." These words were spoken to me by Mr. Kinder without the slight- est provocation. I had been explaining mat ters to him, and bad asked whether he was decided not to give me official authority to pay him what was due to him, when he flew into a passion suddenly--so suddenly as, by the in- stantaneous raising of bis voice, to attract the attention of the sentry, who appeared to be struck with astonishroent, and stopped and stared in at the window.
32.-I enclose the declaration of this sentry, G. Allen, to which I beg to refer, I also refer to the 3rd clause in Mr. Conto's Declaration, They both prove that Mr. Kinder said some- thing to me, in an angry and contemptuous manner, which provoked my indignation. As evidence that this something was the imputation upon my honesty quoted in my own declaration, I would point to the fact that the very next time Mr. Kinder spoke to me he went out of his way to inform me that I was mistaken in supposing that he intended to impute the error to dishonesty.
38.--Had Mr. Kinder offered one the slightest amends I should gladly have received them; but he emphasised the insult by denying it.
34.-I deeply regret that, when Mr. Kinder made this imputation, the manner in which I rejoined, "what do you mean?" and said, I would make Mr. Kinder answer for what he had said, was disrespectful towards the Head of my Department. I admit that any inten- tion there may have been in words spoken under a sense of so much indignation, was a disrespectful intention; and if the same indig. nation caused me to appear in any way disre- spectful when Mr. Silva was present, although I do not recollect anything of the kind, I regret that too, I would plead that this disrespect was shewn under the most extenuating circum- stances, and I would urge that I did what I could to avoid further insubordination by quit- ting the room instantly, after hearing Mr. Ken- der's insulting remark. I am willing and de- sirous as a civil service officer to make any amends to the Master of the Mint, which His Excellency may order.
35.-I have now only to deal with the second part of the third charge, which is, that I stated that I had omitted from my accounts the Pyx Pieces sent to London because Mr. Kinder had ordered me not to enter them.
36. The assertion referred to was made in writing on the 7th inst. I enclose a copy of it, and I ask His Excellency whether Mr. Kiuder's account of it is a fair account. The statement or return begins with an explanation of the way in which the Pyx Pieces are entered, and Mr. Kinder says, I assert that he ordered me not to enter thein, and exclaims at the unreason- ableness of supposing that he would give an order to bring the cost of the Pyx Pieces ou himself. I then state in the return that the master told me I need not enter the way in which he disposed of the Pyx Pieces, and the word "way" is underlined. I declare that he did tell me so. There was good reason for such a course. The entries about "Pyx Pieces" are at once the most trifling and most trouble- some on the Mint books. If elaboration were required, I could make such a series of entries as would cost the Government ten dollars for every five cent piece that Mr. Kinder gives away. But simplicity is required, and for simplicity's sake Mr. Kinder told me I need not enter the way in which he disposed of the Pyx Pieces the persons he gave them to, or the places h sent them to. He said, he would keep memoe randa himself, and he has kept them, and usuall- given me a copy of them. "Accompanying thy statement I have referred to in this paragraphic was anotber, a copy of which I also enclose.. This shews what quantity of Pyx Pieces had been expended and charged against the Go- vernment. I ask, again, how Mr. Kinder, in the face of these documents, could fairly say that I asserted he had instructed me not to enter the
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