On March 19, 1882, Gilberd boarded the SS Te Anau with friends George Swan, J Laurensen and R Barrows, bound for the “Old Country” with a “large number of well-wishers assembled to bid them adieus”. In England, Gilberd selected and arranged the purchase and shipping of the musical instruments.
After the highly anticipated musical instruments arrived in Napier, the band members arranged an occasion to formally hand over the “Volunteer Band’s instruments to trustees on behalf of the town”. During the celebratory gathering, the band also resolved to present this address to Gilberd, as a “mode of evincing their recognition of his kindness when in England in selecting instruments for the band and their appreciation of the good selections he made”.
Attendees at the celebratory evening on September 7, 1883, comprised many “interested parties”, as well as members of the Napier Volunteer Rifles commanded by Captain Blythe and the Napier Artillery Volunteers under Captain FW Garner. To set the tone of the evening, the Napier Volunteer Band, led by bandmaster Frederick Tankard, “played a valse in excellent style”.
Captain Garner called Gilberd forward and, as a token of appreciation on behalf of the band, presented him with the “handsomely illuminated” address. James responded by expressing “his great satisfaction” that he had selected musical instruments wisely on behalf of the band but thought the “gift was out of proportion to the little trouble he had taken”.
Captain Blythe then formally presented the band instruments to Edward Knowles and Gilberd – both trustees for “the citizens of Napier”. Blythe explained to the gathered audience that £140 for the instruments had been raised by the Napier Volunteer Band through “monies received from private engagements and augmented by public subscriptions”.
Blythe stated that the Napier Volunteer Band now “possessed one of the best sets of instruments to be found in New Zealand” and finished by acknowledging the generosity of the band in gifting the instruments to the people of Napier.
To the surprise of many, Blythe then presented bandmaster Frederick Tankard with a handsome belt and music case, gifted on behalf of band members as evidence of the esteem in which they held their leader. Frederick briefly replied that “his duties were a pleasure to him as well as a labour of love”. The evening concluded with a musical interlude and the following day the illuminated address was prominently displayed in the front window of Frederick Collins jewellery shop on Hastings St.
A mere three months later James Gilberd’s name was again emblazoned in print – this time not for praise. He was accused by Captain Garner of breaching the Volunteers Act by “absenting himself from a daylight parade on Friday 19 November without leave” and brought before the Resident Magistrate Court.
The parade had been ordered by Major Routledge, Officer in Command of the District, to take place on Friday, November 19 at 6.45am. The men had been advised of the time and date for the parade at a previous military gathering two weeks earlier. Captain Garner “believed” Gilberd was present as he was “returned as attending and no men were supposed to leave the ranks until officially dismissed”. The men were further reminded of the forthcoming parade through local newspaper advertisements.
On November 19, the parade did not eventuate as “only 29 men” out of 62 were present. Mr Lascelles, lawyer for Gilberd, contended that the case be dismissed as “the charge disclosed no ground of offence”.
According to prosecution lawyer Mr Cornford, the case was a “friendly test one, to decide the question of liability to fine” members of the “Volunteer Force who absented themselves from drill without lawful excuse”.
James Gilberd lost the case and was duly fined 14 shillings.
