The Convict and the Soldier

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The Convict and the Soldier Page 24

by John P F Lynch


  The tables were formed into a circle which allowed a group discussion, face to face. During their meal the councillors spoke freely in front of the militia officers. The first subject was regarded as serious by all and surprisingly each of the councillors agreed that the Maori story of the incident was probably correct. But what was the best way to handle the insult and the murder allegations? The Treaty of Waitangi guaranteed certain rights to the Maoris implying a spirit of fairness to them.

  Lieutenant Colonel Stephenson suggested that an apology in writing could be considered and that the murder would remain unsolved as no witnesses would ever be found. This would ensure that the incident and the murder could be closed to the benefit of both parties with no loss of face. After several minutes of debate this suggestion was agreed unanimously by the councillors. Lunch was completed and port and cigars were handed around. The second issue of the insult was now raised. The Presiding Councillor called for the scribe to come to the room.

  The scribe was asked to read back the words the chief had said regarding Major Lang. Lang was then asked to comment on these words.

  Major Lang said, “Sir, I choose my words carefully. I did imply armed force. My words were to show the importance we attached to locating the culprits who committed the murder. It was merely a bluff and not really warranting military action. Frankly, I agree with the Lieutenant Colonel. We will never identify them.”

  The Presiding Councillor said, “Yes, I can see where you were coming from and I agree we need to show the importance of our efforts to maintain law and order to the Maoris. They must assist us with these efforts. Even though we will not locate these culprits I shall stress this requirement at tomorrow’s meeting.”

  The following morning the meeting re-assembled. The Presiding Councillor first spoke at length about other matters and then broached the issues of the insults. He spoke for a short time and then handed over a paper with the written apology for the insult to the Paramount Chief by the sheep owner.

  Regarding the murder, he stated that murder was unacceptable for any reason under British Law and hoped in future that the chiefs would convey this message to their people. Also that it was expected that the chiefs would assist in identifying people who did not observe the British Law. He said that the Maori Law would be respected. Regarding the major, he stated that he was performing his duty to apprehend the culprits who committed the murder and he was making the point that he had expected the chief to help. No offence was intended to him or his position.

  The Maoris were happy with the apology and the response to their perceived insult by the major. After the meeting the Maori chiefs headed back to their pas throughout the north island. The Presiding Councillor congratulated both of the militia officers on their contribution during the meeting and, after shaking hands, they both headed back to the barracks.

  Major Lang had been disappointed that no further action was to be taken against the tribe harbouring the culprits but could see that it would not take much for a Maori uprising. His introduction to the councillors opened a few social doors for he and his wife. They were now enjoying their life to the fullest.

  ¶

  Lieutenant Colonel Stephenson was unsure of Major Lang’s intentions. Recently he had taken two months leave and had Major Lang act in his position. He was surprised that while Lang had had many meetings reviewing militia policies and procedures, none of the meetings were recorded. Tasks such as these were part of the military yearly progress and action reports were written up daily in the office diary. When he challenged Major Lang, he became somewhat embarrassed and did not give a straight answer. He found out eventually that Lang was having them rewritten by Lang’s personal clerk. The clerk had originally worked for the Lieutenant Colonel and was still loyal to him. The Presiding Councillor was verbally advised and the matter was then left in limbo for a later day.

  Major Lang and his wife were now firmly entrenched in the Auckland social scene and mixed with the cream of the colony’s residents. All seemed cosy and they appeared to be set to stay and retire in Auckland.

  In December 1854 a small band of Maori warriors began to terrorise the area east of Auckland. The warriors had distinctive tattoos that would identify them if they were caught. At first, little concern was shown by the authorities until two women were raped and a male companion slaughtered. This prompted a call for action from all quarters. After a meeting with the Provincial Council, Lieutenant Colonel Stephenson assembled two platoons of twenty troopers, one lieutenant and two sergeants. Stephenson would lead one and Lang would lead the other. They were to be armed with rifles and swords. Stephenson addressed the men and ordered that firearms were to be the last resort but they were to respond if they felt threatened.

  The two platoons separated and headed west, keeping around ten miles apart. Major Lang’s track took him to a small pa not far from the last reported sighting of the rebel warriors. As he approached the pa he could see activity. All the Maoris entered the pa and closed the bracken gates. His platoon could not get in but the Maoris could not get out of the pa to obtain water. He decided to sit outside. His men took positions around the pa and waited.

  After three days the gates opened and the chief invited him in. Major Lang told a sergeant to take four men with him and watch the back of the pa. He then told the chief why he was there and he politely asked him to line up all his people, which the chief did.

  The troopers then searched every hut and storage area in the pa while the major inspected the Maoris. None had the distinctive tattoo. Angrily the major thanked the chief and left the pa. He headed his platoon on to the coast. He met the commandant heading back from the coast but he had neither seen nor heard of the rebel warriors. They decided to continue over each other’s previous track. When the lieutenant colonel arrived at the pa, he also decided to search the pa and examine the people for the tattoo. He had the lieutenant check the Maoris while he and Sergeant Mitchell searched the area.

  After a few minutes Sergeant Mitchell lent over and said quietly, “I think I know where they are. I’ll get the men.” The pa had a long walkway built up on soil. This path allowed warriors to look over the wall and to defend the pa. The walkway was covered in flax matting supported underneath by cross branches.

  The sergeant positioned five men at each end of the walkway and then told four others to start pulling up the flax matting in the middle of the walkway. Within two minutes a hole was opened revealing a trench which went from one end to the other. The chief was called and he was told to call the rebels out or the troopers would fire into the trench. After a short wait five rebels came out and were immediately handcuffed. Their tattoos confirmed that they were the rebels. They waited for another five minutes, and then all of a sudden a warrior appeared, his club raised above his head. He charged at the lieutenant colonel from ten yards away. When he was within two yards of him the lieutenant colonel coolly drew his pistol and shot the warrior dead. After a search of the trench for any other rebels, the troopers assembled with their prisoners for their ride back to the barracks.

  Although unnecessary, Stephenson thanked the chief for his help. He felt that the chief may have had no choice but to hide the rebels.

  On the ride back he asked Sergeant Mitchell, “What made you think of their hiding place?”

  He answered, “When the major and I were at the big pa, I saw a Maori come out of a covered trench. I thought that would be perfect hiding place for the rebels, as few Europeans would have seen one.”

  “Well done, Sergeant.” A trooper had been sent to find and tell the major of the capture of all the rebels and for him to return to barracks.

  The platoon arrived back in Auckland to crowds gathered to greet them for their successful mission. Mrs Lang watched from the upstairs’ room of the officers club.

  The militia had performed the task for which they had been established and now they were being acknowledged. Lieutenant Colonel James Stephenson had reason to be pleased with the day’s outc
ome. The militia had not had total support when it was first suggested and it was only because of the Presiding Councillor’s casting vote that it had been formed. He sat and wrote out his report, including that indirectly the idea for the search of the trench came from Major Lang via an order to Sergeant Mitchell when leaving the pa during their first visit. He requested that both his Lieutenant and Sergeant Mitchell read it and agree its contents were true and correct and sign it.

  He took it personally to the Presiding Councillor, who read it and showed his delight at the successful mission. He noted only one injury had been sustained albeit an unfortunate Maori rebel. The commandant then declared the next day as a recreation day for his platoon.

  ¶

  Major Lang was sitting on his horse on top of a ridge overlooking the sea. It was a cold but clear day and the view was excellent in all directions. He had decided to return the next morning. He had no luck. None of the settlers had seen or heard any news of the rebels. He heard a call and looked back down the track to see a militia trooper riding up the hill towards him.

  The trooper brought his horse to a halt and saluted him. “The rebels have been captured. Five alive and the commandant shot one dead. He said for you to return to the barracks, sir.”

  Major Lang said, “Good,” but inwardly he was seething. He had wanted to capture them so badly, to show his capability. The sergeant assembled the platoon ready for his command to ride. He waited ten minutes before the major nodded to him to proceed.

  It was a quiet ride back. The platoon could sense the anger in Major Lang’s mood. No one wanted to incur his wrath so no one spoke.

  When they arrived at the barracks the duty officer handed him the note suggesting a recreation day for him and his platoon. There was also a package in his office. He passed the note to his lieutenant. “See to this.”

  He asked, “Where is the commandant?” He was advised he would return the day after tomorrow and had gone inland. The major did not go to his office; he went straight to the mess and immediately downed two whiskies. He had missed his big chance all because the commandant went on the mission.

  Lang mused that the commandant had shot and killed when he had stressed that was not to happen! He would complain directly to the Presiding Councillor. Yes! That’s what he would do first thing tomorrow morning.

  Mrs Lang did not help his frame of mind when she told him of the crowds that lined the street and cheered the platoon. He stayed in the mess too long and consequently drank too much.

  He awoke in a foul mood the next morning. He dressed carefully but seemed unaware that he still smelt of alcohol from his late night drinking. The Presiding Councillor greeted him and congratulated him on the success of the militia’s mission. He motioned him to a chair and eyed Major Lang curiously, wondering why he was there.

  Major Lang shifted uncomfortably in his chair and said, “I think that there is something of which you should be made aware.”

  “Please continue,” was the reply.

  “We were given strict instructions to avoid the use of firearms and here we have the commandant killing a person. This is a bad example to the troopers. I feel he is undermining my authority with the troopers.”

  The Presiding Councillor asked, “Have you read the report.”

  The major answered, “No, I haven’t got one.”

  “Then please read this one of mine and come back this afternoon. You are listed at the end as having a copy of the report. Good day to you.”

  The major now realised that he had over-reacted and had not done his homework. He went directly to his office to read the report. However the first thing he saw when he entered was a large sealed envelope containing his copy of the report sitting on his desk. He now remembered what the duty officer had told him about a package being in his office.

  He started to read the report and, all of a sudden, he realised that the commandant had acknowledged his contribution in locating the rebels and that the shooting was fully justified. It had been witnessed by the entire platoon.

  However, he also realised that this was the same pa that he had previously searched and found nothing. Could they have been hiding in the trench then? At the end he read of Sergeant Mitchell’s idea to search the walkway, which resulted in them finding the trench and from where the idea came. So this was his contribution! His over-reaction was now serious. How would he explain his ‘complaints’ this afternoon?

  That afternoon Major Lang walked into the Presiding Councillor’s office and took the indicated chair. Then waited.

  The Presiding Councillor came straight out. “After reading the report you will have seen that your commandant has been supportive of you regardless of you not locating the rebels during your search. There is a possibility that they were not there then, but it is highly probable that they were. The subject of the shooting was justified and set a good example of coolness under threat of violence for responsible and prompt action. Your complaint is not in writing so I think it was spontaneous and somewhat irresponsible from a man of your training and experience. I suggest we adjourn any further discussion until Lieutenant Colonel Stephenson returns tomorrow.”

  The next morning both the commandant and the major were given notices to attend a militia inquiry in full uniform at 1100 hours.

  The major did not go to his office.

  He went directly to the Provincial Councillors’ office building. The lieutenant colonel was completely in the dark as to why he was being summoned. On arrival he saw the major and asked him why were they there. Before he could answer they were called into the council chamber by the clerk.

  Both stood to attention in front of a large table where five councillors sat. This was when the major noticed that the lieutenant colonel was wearing several medals. He recognised one as a bravery award and another as a campaign medal. This was the first time he had seen his awards and now realised that he had misjudged the younger man. He was not just an administrator; he had seen active service as a combatant.

  The Presiding Councillor spoke first with authority. “It has come to our attention that a state of personal conflict exists between two officers of the militia. This must be resolved and now. Lieutenant Colonel Stephenson, Major Lang has accused you of undermining his authority. What do you say?”

  He responded, “I am surprised that I was given no warning to prepare myself for this enquiry. However, if I am accused of undermining Major Lang’s authority, I believe I should hear some examples.”

  “Major Lang, how do you answer? Please, we want definite examples, not vague comments or feelings.”

  Major Lang stood there for a while. Finally, “I need time as well to prepare my case; I did not expect an inquiry so soon.”

  “Major Lang, you came to me with these accusations and I want this situation resolved today not tomorrow or the next day. Do you understand?”

  “Yes,” he answered.

  A second councillor asked, “Major Lang, while you are pondering that question, could you advise if you are, or have been, negotiating with persons in the South Island to form a militia and that you have forwarded documents concerning policy and procedures to them? I should add that these types of documents used by the North Island Militia are confidential and have information regarding control of civil disorder.”

  The major went white. He had been uncovered. He answered, “Yes, that is true.”

  The Presiding Councillor asked Major Lang to leave the chamber and wait outside.

  Lieutenant Colonel Stephenson still stood to attention and he was now told to take a chair. He was still none the wiser and decided to wait for an explanation. The councillors sat huddled, talking animatedly. Some were very angry and he heard one say he had served his purpose.

  The clerk was called to bring in Major Lang. He walked in, slowly, fearing the worse.

  The Presiding Councillor spoke from the shoulder. “Major Lang, we have found your behaviour unbecoming an officer in the militia and consequently your commission is
withdrawn forthwith. We acknowledge your contribution to the training of the troopers and your performance in the field.”

  The major saluted, shook hands with the councillors and the commandant. Lang then turned and left the chamber. His military bearing was obvious to all.

  Turning to Lieutenant Colonel Stephenson the Presiding Councillor said, “Now we owe you an explanation. However, we will only tell you what you need to know. The major’s clerk knew what was happening and two days ago, while you were in the field, he accidently found a letter concerning our militia policies, procedures and other confidential documents being copied by Major Lang, for use by an outside body. This confirmed your previous suspicions. That is why we wanted this resolved today. The ‘conflict’ inquiry was a red herring. Forget about it. It won’t be documented. “However, regardless of his action, we can be grateful for his training of the troops, as he did an excellent job. The militia is in good shape and we will advertise for a replacement to his position for you.” Lieutenant Colonel Stephenson thanked him, saluted, then turned and left the chamber.

  Surprisingly, Paul Lang felt a sense of relief with the withdrawal of his commission. While he had enjoyed his time with the militia he felt he needed to reach a higher position in a military or similar Government body. As he rode back to the barracks he felt pleased with himself that he had previously, not only applied for a position in the South Island’s Provincial Council, but had also written to the Colony of Victoria Constabulary and the newly named Tasmania Prison System. Paul had changed his mind about settling in Victoria or Tasmania. Victoria did not have convicts and Tasmania had ceased convict transportation in 1853. He had been told the last convict ship was the SS Vincent which had arrived in Hobart on 26th May 1853.

 

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