“TIMES” LIBEL CASE.

Gisborne Times, Volume XXVI, Issue 2303, 23 September 1908, Page 2

“TIMES” LIBEL CASE.

JOSEPH BURKE SUES THE GISBORNE TIMES GO., LTD. FOR £250 DAMAGES. the; alleged victim in the box. A CROWDED COURT LISTENS ALL DAY TO THE TAKING OF EVID ENCE. CASE ADJOURNED TIED 10 A.M. TO-DAY.

The .civil action in which Joseph Burke, licensee of the Record l ltcign Hotel, Gisborne, sued tho Gisborne Times Company, Ltd., for £250 damages for alleged libel contained in a paragraph detailing a“lambing-down” case, was continued before His Honor Mr. Justice Edwards and a special jury of four yesterday. Tlio Court was again crowded all day, intense interest being taken in tho proeeedings. Mr. AV. L. Rees, instructed by Messrs Itees Brothers and Bright, appeared for the plaintiff, and Air. G. Hutchison, of AVanganui, instructed by Alessrs Blair and Sainsbury, appeared for tho defendant company. CONTINUATION OF EVIDENCE. PLAINTIFF RECALLED. Joseph Burke, plaintiff, was recalled by Air. Hutchison.

remember what happens? Oil, yes. I am alright then. Took at this paper. (The 1.0. U.) Do you seo the signature—G. Pearson ? Did you write that name? I don’t remember, but it looks like my writing. When did you first see that paper? . Up on the station at Fakowhai. Who showed it to you? Mr Burke. AVho was there ? Only Burke and myself. And Burke produced the paper then ? Yes. What did he say? Do you remember getting this money? And I said, no. I don’t remember much at all. Bui'ke asked if it was my writing, and I said it was, but I did not remember writing it. Do you remember the Wednesday ? No. Do you remember a Mr A ns elk? les. I know him. Did you meet him in town? I don’t remember meeting him. - Do you remember going t-o. tea with him ? I just remember being in his house. Do you remember going with him to tiie Record .Reign Hotel ? No. Any recollection of Thursday? I didn’t remember anything till tile Saturday. Do you remember being in police cells ? I didn’t remember being put in. I remember waking up. Wbnt time of the day was that? I couldn't say, sir. Wl 't do' you remember of the tolls ? I knocked myself in the dark and enquired for a drink, and the Sergeant or some ono came and. asked me to have a dr.ink of tea. Then I asked the Sergeant to got Burke to bail me out. AA’lio came? O’Connor. Only one? I only remember one. After being released from custody, I returned to Burko’s with O’Connor. On Saturday morning I had to appear at Court, but someone in the hotel said 1 Bet the bail go and not appear,” and I did not appear. On Saturday I went away by coach to Makaraka and stayed there all night. What money had you on the Saturday? I don’t know how much. Can’t- you say if you had much or little? I only had six shillings on the Sunday morning. What had become of the cheque? That’s all I had from the cheque (laughter). How came you to part with the cheque P I don’t know how I came to part with the cheque. Do you remember parting with the five notes? No. I do not. Well, what next? On the Sunday morning I came back and said to Air. Burke, “I feel very bad; I’m not wjII enough to go back homo. Let me stop for a couple of days,” and he said he’d fix me up. How were you feeling? Stupid and muddled. Wore you in good health when you came to town? Yes. I remained for a day and a-half more, than that and I think I went away oil the Thursday. Did you spend much during these last few days? I had very little money to spend. A mate gave me a few shillings and 1 sold some things. Had you to raise money to get away ? Yes, I sold my coat and vest of the suit I bought, also a shirt. That left you the trousers? Yes. That was all you had left of your visit to town? . Yes. How much did you get for them? Six shillings and sixpence altogether. You went away by thp coach? Yes. You got to Makaraka P I went to the Bridge Hotel. Is that near the station wliore you work P Yes, about 8 or 9 miles. You stayed there sonio time? Yes, all night and sonio of the next day. Did you have anv money ? No. I borrowed lialf-a-crown, and stuck up £l. You paid that and the halfcrown afterwards? Yes. What day was that? A Saturday. Do you live away from the homestead at the station? Yes. In a tent? <• Yes, by myself. Did you go to the tent on your roturn ? No, I stopped at the house a week. Why ? I felt bad. After a week you wont- to your woi'k ? Yes. Do you remember Burko coming to you ? Yes. He showed you tile paper? Yes. ■ What.did lie say when he saw you? He 6aid ho was very sorry about it, and asked me who put the letter in the paper. What did you say? I said I did not know there was a letter in the paper, .and did not know who put it in. Why did he say he came to see you ? ! He said a gentleman wanted to see me and talk to me. Was that to the station buildings? ' Half way. •- AVho did you see? Air. Black and another gentleman. Did you go at once to them? No, Air. Burke said they were not the people he wanted to see. AVero you near enough to see who the people were? AYe were only about two chains away. AVhat occurred then? Air. Burke was taking me over the lull, where lie said the buggy was. That would have taken you away from the two men? Oh, yes, right away. Could you see who the people were? Oil, yes, quite close. His Honor: You could recognise Air Black? Oh, yes, easily. \ou did not go the other way? No, the gentlemen called us "back. Had you turned to go the other way ? Oh, yes. AA’lio called out? I don’t know which person called. Did you know the gentleman with Air Black? No. Was ihe introduced? Yes. By whom ? Mr. Burke said he was Air. Akroyd. Are you sure lie mentioned the name? ,A r es. He said Akroyd. Did lie say what he was there for? Air Burke asked mo the question, and asked did I remember getting the money, and pointing to the ligures on

Air. Hutchison: Have you found any moro 1.0.U.’5. I never troubled to look for them. His Honor: AA’hat do you call them? Air Hutchison: I call them I.O.U’s. His Honor: I thought you were asked to look for them? I did not know that. Mr. Hutchison: AA’hero is O’Connor ? He went away to Auckland. AVhen ? 1 can tell by my book (reading from liis book). I think he left by the boat on AA’ednesday, August 12th. AVhat was O’Connor? An ordinary working man all round the country. A lodger of yours ? Yes; he stayed off and on for over two years. He lodged while Pearson was in the hotel r Yes. All tho timo from August 3rd to 12 th? Yes. He left on the 12th; the same date as Pearson? Yes. Air. Rees: AY as Pearson at the hotel on the 12th? I was told ho was; I was ill, and did not seo him. You did not see Pearson go away on the Thursday? No; I was in bed. You remember Pearson getting tho suit of clothes? Yes. . Did he wear it in town? Yes. I saw him wear it. GEORGE PEARSON.

Air. Hutchison called George Pearson. Mr. Hutchison: You are a laborer? Yes. Employed by Air Black at Pakowliai? A T es. How long have you been working for Mr Black? About two years. At, what wages? 30s and found. Do you remember coming to town in August? Yes. You were paid by Air Black? Yes, with a cheque for £37 18s. I had cash in my podkot besides—£7 2s. You had to walk somo of the distance? Yes. To the Bridge Hotel. AA'hat was the day? Alopday, August 3rd. Had you a drink at flic Bridge Hotel? Three drinks. Then got on the coach ? No. Into a trap at Alatawliero. Then the coach? Yes. And I wont to Burke’s hotel. It was the first hotel you came to in town? Yes. Did the coach let you down? Yes. AA’hat money did you have? Tho chequo, £5, and a few shillings. AVhat were the pounds in? In £1 notes. Tho silver was loose? Yes. The cheque was rolled up in the notes. In one pocket? Yes. AA’ho did you first see at the hotel? The barman. AA’hat did you say? I had a drink, and I shouted tho barman. / Did you say you wanted to stay? I believe I did. I asked Air Burke if ho had any beds. AA’ere you shown a room? I don’t romomber that. His Honor: AA’ere you sober? Not quite, your Honor. You had not been drinking on the run? No. And coming off like this, the drink had sudden effect on you ? Yes. His Honor: Ho had only three drinks? AVitness: Two more at Matawhero. His Honor: Oil I Five drinks altogether ? Air. Hutchison: Did you say what you came to town for? I think I told the barman I was going to Auckland. AA’hat was on in Auckland? Fleet week. After speaking to Burke, what do you remember? Not much at all. AA'hat time was it you arrived? About an hour or so before dinner. Do you remember going to get a pair of boots? I just remember being in tho shop. AA’as that the day you arrived? Yes. You wanted a pair of boots? Yes. You remember the shop? Yes. Air Lang’s. Is it near tho Record Reign? I knew Air Lang, but I could not find the shop again. Did you buy the boots? I had not enough money, and bought slippers. I have the slippers on now.

That was Alonday. Did you sleep at the hotel that night? I remember getting up next morning at about five o’clock. It is like a dream. His Honor: A’ou don’t remember going to hod; but you remember getting up next morning. (Laughter.) Yes, Air. Hutchison: Did you feel well? No. AA’here did t«<i go? I walked about the street and waited until the bar opened. AA’hat did you want at the bar? I wanted something to cure me. Did you get it? Yes. I think I got a drink. I was stupid. That was Tuesday? Yes. Did you get a suit of clothes that day? I remember being in the shop with Paddy O’Connor. AA’as it in the daytime? I can’t say. Do you know where the shop is? I could not find the shop again. I remember having the clothes on. I pulled them on over my other clothes. AA’ere you drinking? I don’t remember. His Honor: AA’hen you are on the station and not drinking, can you

tlio paper said, ‘Surely you remember getting this and that?’ AVhat did you say? I said I did not remember. Ho ropeatod it many times? Yes. I told him I ilid not remember each time lie asked mo. AVhat cl so was said?

Yos. AVhen did you get the money? 1 had five or six shillings, and a man paid a few shillings ho owed me. Air Hutchison : Hail you any debts to pay in town No, nothing at ia,ll. The Foreman: When you were in the cells you told the Sergeant that Burko should have money of you re. AVliy did you say that? 1 knew Burke must liavo had the cheque and I did not think it could all bo done by that time. CONSTABLE PRATT. Constable George Pratt was called. Air. Hutchison: You remember arresting Pearson, on August 7th? Yes. At Aliller’s Corner? Yes. In what condition ? Ho was drunk. At what time ? About eleven in the morning. You took him to the station ? I did. You assisted him? Yes. AVhat was the condition of his clothes? Ho was neatly dressed. Did you search him? Y es. AVliat did you find ? iod. Any papers? I believe there was one with lis name on. It had his name on, but 1 could not say what it was. AA’as it a receipt? I don’t know. I did not read it. AA’as it not for a suit of clothes? I can’t say. Did you put it in the property sheet ?

I was asked how much money I had and spent at the Bridgo Hotel. I told them and the gentleman said it was strange I could remember that and forget about Burke's. I said I was sober at the Bridgo Hotel, and drunk the other time. AVhat else? . The man said we wore just as far ahead as when wo started. AVas Burko there? Yes. Did he say that to Burko? To me and Air Burko. His Honor: AVas Air Black tliorc? No, ho had gone. What did Burko say? He shook hands and went away. You wont to work ? Yes. Did Air. Black, senior, come to soe you ? Yes. AVliat did Ain Black say ? Ho asked me where I changed the cheque. I told him I did not go to the bank and I did not know how I changed at. „ Did you tell him where you stayed? y GS . AA’as 'that before Burke came to sec you? Yes. Cross-examined by Air Rees : AVero you sober on Saturday morning when you left the Record Reign Hotel? No. Have you any recollection what took place that morning?, I don’t remember going on the coach. Did you have any settlement with Air Burke before leaving? I suppose I must have, but I don’t remember. Try and remember. Did you ask Mr Burke for the remainder of your money? No. I don’t remember that. Did you remember telling Burke you thought the sum due to you was £4? No. „ , You don’t recollect Burke giving you £4? No. Anil you do not recollect between Alonday and the Saturday Burke giving you .any money? No. I don’t remember anything about it. This is .not the first time you have had cheques and disbursed them in the same way? I have had cheques but not disbursed quite in the same way. Other times I knew something of how my money went; this time I don’t remember anything. AVTien you came back from Alakaraka on the iSunday were you sober ? Yes. Quite sober land sensible. Did you then recollect that you bad brought a cheque of £37 18s and other money to town, with you ? I didn’t give it a thought. I thought it was all spent and gone. I suppose that when you’re on the spree like this you spend anoney pretty freely? Yes, pretty freely. You enjoyed yourself? A r es. His Honor: A queer method of .enjoyment. i Suppose if you met anyone you knew you wouldn’t mind handing them money?

I handed it to the Sergeant. A’ou nut him in the cells? A r es, ‘and he asked me if ho could get bail. I said : i'ou luive not enough money.’ He said ‘You ring up Joe Burke. He has six pounds of mine and he will bail me out.’ I told • the Sergeant that Pearson had said Burke had money of his. Air Rees: Had you seen Pearson during the week? ... No. I don’t remember seeing him before I arrested him. When he told you Burke had £6 did he say how Burke obtained it? No. I was told that young Frank Burke and another man came-and bailed him out. I was told by Constable AlcPherson. CONSTABLE SCOTT. Constable James Scott was called by Air. Hutchison. You were in charge of the Police Station on August 7th ? Yes.

Oh, no; hut I didn’t meet any of my friends. I’m a stranger in Gisborne and there’s very few I’d know. I only remember meeting Ansell. Do you remember on the Alonday having dinner at the Record Reign ? Yes. Where did you go after. that ? I think I stayed in the hotel. Are you certain ? Yes. You remember going to the hoot shop ? I just remember being in the shop but I couldn’t say what day it was. Do you recollect handing the cheque to the barman to get cashed? No. v Do you recollect getting £2 from ■Mr Burke that Alonday afternoon ? No. Do you recollect getting £2 on Tuesday morning? No. I didn’t recollect getting uny money from Air Burko at all. . On the Sunday when you came back you thought you had no money left. How was that ? I remember Air Burke saying I had only a little left. Do you remember when that was? No, sir, I couldn’t say. Before leaving did you not ask Burko for an account? I don’t remember that. You don’t remember signing that paper?; No. 1 But that is your signature? Yes. You don’t recollect what money you had at Afakaraka ? No. I don’t remember going to bed. Do you recollect Burlce giving you £4 on the morning you went away and yon returned £1 P No. I don’t remember that- at all. Did you have your meals regularly in the hotel? I don’t remember. Do you know a- man .named Tassie? I saw him iat the hotel for the first time. Did you lend him any money ? I don’t think I did. I don’t recollect it. You would naturally go to other public houses ? No. I nearly always go to one pub.

AVliat other reason did you have for -not asking for an account for your money ?

I thought it was all spent. D.id you tell Air i Burke and Air Akroyd that you had no complaint against -Burko? Burke said ‘You were treated all right, weren’t you?’ and I don’t know what answer I gave. Do you -remember Burke giving you the proceeds of the cheque and handing Burke back £2O? No. Not at all. AATiore -did you put the suit on ? In the store. Did you tell the storekeeper Air Burko had your money? The man with me did." Did you tel! the police Burke liad your money and would bail you out ? A r es. I told him that aiid that Burke would bail me out. Did you tell him how much? No. I don’t remember the amount. Do you -remember .a man named Berry, a butcher? Yes. I knew he was a butcher, but I did not know his name. Ho slept in the same bed-room ? Yes. Do you know the barmaid, Miss Callaghan? I remember seeing her. Do you say Burke did not pay.you those monies? I don’t remember. His Honor: How can he 6ay when he can’t remember. It‘s for the jury to say. The witness says lie does not remember. That is what you say, is it not, Pearson? Yes. Air. Rees: Did you ask a man named AA’all to have a drink on Sunday? Yes. I did not know it was Sunilav till he tolil me. But AA’all said it was Sunday and we could not get- him a- drink. Did you tell him you had -a week’s spree? I said wo would have a drink when t-lio bar opened. The man said it was Sunday -and I gave him a shilling tQ l?et a drink elsewhere. Did you tell him how your money went? No. I don’t remember. Did you 6ay the hoys had got your money ? No. I don’t think I did. . AA’as that 1.0. U. shown to you before Air Black and Air Akroyd? Yes. Did you say that was your signature ? I said it looked like the wav I write. AA’ero you put out of the Albion Hotel ? No. 1 don’t remember that. Wliore did yon stop after vou returned to town? -

I think at Mr Burke’s. Were you getting drinks on tlioso days?

Do you remember Pearson being brought in ? YesIn what condition? Dead drunk. But still -alive? Yes. (Laughter.) Did he say anything No. I don’t think so. Did you search him? , I -assisted. AVhat did you find ? 3s lOd, a belt, hat, and tie. They were loose? I took them aw.ay. AA’ere there any papers oil him? No. I don’t remember seeing any. AVliat was the -condition of his pockets ? Dirty with tobacco. All dirty ? Yes. He had evidentlv been lying down. Did you visit him occasionally? No. Did you see him released on bail? No. JAAIES LANG. James Lang, bootmaker, said: I remember George Pearson coming to my shop in Gladstone Road on August 3rd. Aly shop is about a quarter of a mile from the Record Reign. Pearson came to my shop between 10 and 11 to buy a pair of boots. I. showed him ia- pair, price 17s 6d, but he said he hadn’t enough money for these and would have to buy acheaper pair. He then bought-' and paid for a- pair of slippers, price 6s 6d. Did you see him again later on? les. He came in on different days. What was his business? To sit down and have a yam. On one occasion he asked foil sixpence to telephone out to the station. AA’hat day was that? I think that was the Alond-av following. AVhat was his condition on the occasions when he came -into your shop ? AA’ell, I could see he’d been drinking heavily. AA r as that oil all occasions ? Yes, except the time when he wanted to ring up the station. He had every appearance of being on the spree? > Yes. Was he able to recollect from day to day ? Yes. Couldn’t lie remember buying the slippers and paying for them? He • didn’t remember ,in the end that he’d paid for the slippers. THOAIAiS JACKSON. Thomas Jackson, second-hand dealer, said:-—I remember seeing Pearson on the 12th of August. He came to my shop to sell a coat and vest and a shirt. I bought tlio coat and vosfc for 4s, but- I didn’t buy the shirt. Did you note the man’s condition? He seemed to be a, man who was recovering from a spree and had been drinking heavily.

A. A. ANSELL. Mr Hutchison called Albert Ansell, of Ma’kauri, dairyman. Air. Hutchison: You know George Pearson? jYes. Hid you see him last month in Gisborne ? Yes. On a Wednesday. ' At what time? . About- five in the evening. Where? ° He was, going into the Masonic Hotel. Did he speak to you? Yes. What condition was lie in ? About half diiunb. What did he say? He wanted me to have a drink. Was he alone? Ho was with young Burke and two others. Did you go into the hotel? h>o. I did iiiot. Did lie go? No. He came with me. Where did you go? Along the street and afterwards to the British Empire Hotel. Did Pearson hive anything to drink? Yes. Two whiskies, and I had a sarsnarilla <jnd lemonade. What then ? I took him home to tea. -Is your home in town? It was then. Where did you go after tea? Pearson said he had no money- to piv for his tea and I told him I did not want it. My missus told me to see linn home, otherwise lie might get run in, and I took him to the Record Reign Hotel. Was he drunk then ? He was staggering a great deal. \\ hat time did you get to the hotol ? Between seven and eight. What part did you enter? I went to the front bar, and he> went to the parlor bar, What occurred? Pearson shouted for myself, the barmaid, and two other men. More than once? "Yes, two or three times within an hour. Did he pay for what lioliad? iNot then. What was done? Air. Burke came in, and Pearson asked Burko for money, but Burke refused the first time. He asked again? He kept asking, and Burke said lie would give him some next morning when lie was sober. Was Pearson satisfied? He continued to ask for the' money, and said he had not paid for the drinks. Burke asked the barmaid what the drinks were, and she said 3s. What then? Mr. Burke gave him 17s, and told him that was £l. Did you see whoro he took the money from? He was near the safe at the time,

but 1 don’t know if ho took it from the safe or liis .pocket. Was Pearson in a different condition then ? Ho went to sleep shortly afterwards, sitting in a chair, but ho shouted before doing so. x Was that in the liar? No, in the side room. 110 was asleep there, and I told the barmaid to wake him up as I was going homo.

Was anyone else there? Mr. Rees objected to the question. Mr. Hutchison said any question as to the character of the conduct of the liotol was relevant to the case. His Honor: Your client swore ho never saw a drunken man in his house, and the question bears on that. I think the evidence should bo admitted. Mr. Hutchison: if ns there anyouo else sleeping there? Yes, an old chap. He was lying over the table, and got up. Ho seemed to bo sober when he got to the bar and had a drink. l>iil the barmaid wake up Pearson/ Yes. What dill Pearson, say? He had another drink. Was Burko thoro then? I don’t think he was. What happened then? Wo came out of the hotel. Hid Burke join you ? Ho came out after us.

Did Pearson speak to him? Burko said to Pearson, •’Don't you go down the street or 1 won't speak to you any more.” Pearson said he wasn’t, going. Was anything said !about money? No. You left then? Yes, about 9 o’clock. Where did Pearson go? Into the hotel. Hid you see him again? No, not till the case. Mr, Rees: Hid Pearson say in Burke’s presence that Burko had £l7 of his? No, but lie told mo. W. E. AKROYD.

Mr. Hutchison called William E. Akroyd, J.P. Mr. Hutchison: Ho you remember going with Burko to Pakowliai? Yes. What date? I believe August 29th; on a Saturday. Who asked you to go? Afr. D. J. Barry. Ho owns the Record Reign Hotel? Yes. Hid you know Burke? No. You knew his place? Yes. You drove up in a cab? Yes. Burke drove you to Pakowliai? Yes.

You told Burke who you were? Yes, I told him I had been sent up, and I believe I mentioned my name when I got out of the cab. Hid you mention why you came? Yes. Why did you go? ATr. Barry asked me to go out and interview Pearson. In connection with wliat? The paragraph in the “Times.” Which was understood to refer to Burke? I understood Burko was an interested party. Burke drove you out? Yes, we walked from the Aluriwai Hotel to Pakowliai. Did you go to the homestead ? No. AVliy ? ■ I donjt know why, wo went to the men's quarters. You led the way?

Sometimes I did and sometimes Burke. Did you find anyone there? Yes, Burke found a Alaori girl. AVas this in view of the house?

Y'es, the Alaori girl told us where Pearson's camp was, and we went in that direction. Did you see anyone else? I saw Air. Black, junr. He joined you? Yes. Did you tell him your business? I told him why I was there. Did you see Pearson and Burke come towards you? Yes. How long after? About ten minutes. Did they come directly towards you ? Yes, from where I first saw them. Did you call to them? Yes. Why? Because they were turning away? They wore coming direct at first. And you called out to them? Yes,

Could they see you? I think they could. His Honoi-: If he could see them, they could see him. That is obvious. Mr. Hutchison: They then commenced to go in the wrong direction? Yea. Did Burjce produce a paper? Yes. Had you seen it before ? No. Is that the paper (the 1.0. U., produced)? This is like it. I did not have it in rriy hands. What did Burke sa'y? He asked Pearson “Is that your signature?” or words to that effect. What' did Pearson say? He said “It locks like mine.’ Burke said again, “That’s your signature, George,” and Pearson said “Yes.” ' Did Pearson say anything about signing it? Yes, I asked him, and ho said he remembered signing it once. Did Burke say, “Do you remember getting £2”? What did Pearson say? Ho said he did not remember the „ £2, and that he could not remember each amount. How long did the conversation last?

About ton minutes. Did you make any remark? Yes, I told Pearson that if he came to town I would take out a prohibition order for him. • What had that to do with your mission. Mr. Rees objected. His Honor: I think that can bo left to the jury. Mr. Hutchison: I think so, your Honor; I am quite content. Do you remember saying, “We are no further on,” or words to that effect ? Yes. Wore you paid for going out. I refused the money tendered hy Mr. Barry for doing so. Mr. Rees: You knew when ytou wont to Palcowhai you were going to see Pearson? Yog, When Burke produced the 1.0. U. •what did he do with it? He showed it to Pearson. Did he ask if it was Pearson’s signature? , Pie said it was like his signature, and, when pressed, that it was his signature, but it was bad writingDid Pearson deny ho had the money ? . No, but he did not admit any ticular sums. Pearson said he gave Burko £2O. 5 His Plonor: Are you quite sure. Yes. His Honor: You did not ask Pearson that, Mr. Rec 3 Mr Rees: I can recall Pearson. Did Pearson shake hands? I think so. , , , .■ Did Pearson say lie had no fault to find with Burke? His Honor: Tins is your witness, remember, Mr. Rees. No, Your Honor. Mr. Hutchison called him. , . . , .. PLis Honor: Yes, but lies really taken from the enemy’s camp. Witness: I have no recollection ol that being eaid. ■ Can you say when Burke first know your name ? No. Did Pearson dispute any of those amounts? Did he say anything about any settlement with Burke at the time he left? :' .. Ho said that some money had been given to him. . , Did Burke draw his attention to the particular item of £3? I, think so. Then he admitted having received sums of money from Burke from time

to time, including tho Saturday morning? ■ Yes. Was Black there all tho time? No. Was anything else said? Well, I’asked him some questions myself at tho time, and wrote down the replies. Hero they arc. (Document produced). In reply to one lie said “1 lmd 25s when 1 went by coach to Alnkaraka.” Another answer was,' “Told the police had six pounds when run in.” Another was in regard to the amount paid at, the Bridge Hotel. Ho said 15s, and I asked for items.

Ho thou stated tho items within Gil of the amount. Did ho say where ho got tho money with which he went to tho Bridge Hotel on tho Saturday? No, he did not. When shown tho 1.0. U. doeiinient did he express any surprise at its existence? No. Air Hutchison: Did you know that Burko had spoken to Pearson at tho hick of the run before ho saw you? No. I did not. Those notes (produced) wore written in the paddock. Theso questions relate to a time subsequent, to Pearson’s stay at the Record Reign? Yes. Arid were asked at a time .subsequent to the time Air Black retired. Yes. And why were they mado subsequent to Air Black’s retirement? They were questions which carao to my mind while wo wore talking. And those wero not his statements mado voluntarily, but luude in reply to your questions? Yes. Now, in regard to this first- answer, wlmt was your question that suggested it? I askoil him wliat money he had when lie went to Alakarakn. How-did you know ho had gone to Alakaiuka? It had come out when we wero all talking together. But lie had not given that reply at tho time? No. , Then, in regard to the second answer on this paper, wliat question elicited this? I asked him what money he had when at the police station. Whit suggested that question ? - Tho bailing out. But- it didn’t suggest itself while Air. Blaqk, jnr., was present that you should ask what money lio had? No. And ho replied that he had six pounds ? That was as I took it- down. I wouldn’t swear to' the exact words. ' Then in regard to Pearson’s answer ‘I couldn’t see how I could spend 15s in one hour,’ will you toll us wliat tho happenings at tho Bridge Hotel had to do with the lambing-down? I was asked to go as independent witness by Air Barry to obtain any evidence a's to one side or the' other. This is your report? No. Have you any other written report? No. Then here’s something you haven t read from your' notes taken at tlio time, ‘£2 10 for a suit of clothes’. ■"Would you swear that Pearson told you he had paid £2 10s for clothes? That’s my belief as to what ho said, but I wouldn’t swear , to the exact words. How is it you did not take any note of the £2O? I did not think it had any important bearing on the case. Do you consider the 1.0. U. an important feature of the case? Certainly. . His Honor: Air Barry was a freeholder and thought liis license was in danger 1 and you were going out in AJr Barry’s interests. Do you mean to say you did not realise that the alleged payment of £2O was of the utmost importance? Yes, in an indirect way. His Honor : Yes. In a very direct wiy. AVhy did you not take it down ? I can’t give any reason. Air. Hutchison: You said that Pearson said lie remembered giving Burke £2O to keep for him? Yes, certainly. He said he gave Burke a cheque on a certain day. Did he name the amount? Yes. £37 18s. Did he say anything about any money besides the cheque? No. \ What was the question Burke put? The effect of it was he told Pearson he gave him a certain amount back and Burke gave him an 1.0. U. His Honor: Pearson said he gave. Burke £2O. . Now tell us the whole conversation. Burke asked Pearson if he gave him an 1.0. U. for the money he (Burke) received. His Honor: That is different to what you told us just now. Wliat did Pearson say? Ho said’he had. , • What next? ’ Burke .asked the amount. What were the words? Did he say what was tho amount?. I believe so. Air. Hutchison: You believe so. Witness: £2O was in my mind. Air Plutchison: And £2O was on the paper. Witness: I do not connect the papor I saw in Court with tho paper that was in use at Pakowliai. YTm knew the paper contained an amount of £2O? Yes. You heard Burke say the paper wos an 1.0. U. for £2O? I did not know tho document produced in Court was the same paper. Will you explain what you mean ? His Honor: AVill you swear you dill not see the document and.read it? I did not. His Honor: Well that is very strange. AVitness: I thought it was a receipt for the money Air Burke hud paid Pearson. > What was tho amount? I think £2O. I suggest that you had the purport of the document in your mind ? I don’t know. I did not examine the document. His Honor: I liavo not half of this down because I can’t get anything definite out of it. Air. Hutchison: AVhen was tho £2O mentioned? AVhile Air Black .was there. After lie left and I Was clearing up, I asked other questions. Do you remember saying you wero not any further on? Yes. Pearson could not fix specific times when the amounts wero paid and where be spent tho money. Anil you could not fix anything? No. And you wore no further forward? No. Witness: The man said lie gave an 1.0. U. to Burke for the money -he gave back. Tb.it is tho impression in my mind. (Laughter,) His Honor: AVait till I take that down. Now ,wliat elso was said? Witness: All* 1 - Burke was asking questions. His Honor : Now please go on. 1 want what .was said. AVitness: I don’t see wliat yon wnnt your, Honor. His Honor: I want the truth. J don’t get a fee from either side and I merely want the whole truth from witnesses. I don’t suggest you are saying what .is not true, but I want to learn wliat took place, or for you to say that your memory does not serve you in tho matter. AVitness: Burke asked Pearson if he received the money. His Honor: That won’t do. If you can’t tell us, say at once that you can’t remember, and your, evidenco can’t he relied upon. , : AVitness: Pearson said he hiunded the £2O to Burke and received certain monies back. His Honor: Did Pearson acknowledge receiving these monies? No, certainly ho did not. He could not remember. . Mr Hutchison: Oh, that is what I thought. . . AVitness: AVell, your Honor mixed me up so much. (Laughter.)' Mr Hutchison : Your interview was a series of questions and answers? Yes. As ft Justice of the Ecacc you know what leading questions are? Yes

AVoro those the kind, of questions put by Burke? A’os. And the man said he could not remember? That is correct. Pearson said lie received money alter breakfast to pay for drinks ho had stuck up before breakfast. Air. Hutchison: This is all new. His Honor: Do you say Pearson said all this? Yes. In answer to Burke. Did Burko ask tho questions? - 1 asked some too. Mis Honor: Burko seems to have forgotten all this. Albert Anscll was re-calleil. Air Hutchison: Did you see a piece of paper brought by Burke when tho plaintiff paid Pearson tho I7s as change out of a pound P No, none was produced. (ieorgo Pearson was re-called by Air. .Hutchison. Is it correct tluat you told Air Akroyd and Burke ini the presence] of Air Black, that you gavo Burko £2O to keep for you ? No, I did not. GEORGE BLACK. George Black, called by Air Hutchison— It was you who gavo Pearson tho cheque for £37 ISs? Yes. Pearson left then? Yes. When did he return? A little over a week or a fortnight aftor. Did ho go away a sober man? A'cs, uml when fie returned ho was suffering, from tho effects of drink. He lives by himself in a tent ? Yes. Did ho return to tho tent? No. I kept him in tho house for four days doing nothing. Did ho have any stimulants? A'es, because it was necessary to his condition. I gavo him a little. He could not eat and ho could not work iuid all ho wanted was drink. AVhat wfcis his mental attitudo? He was sensible enough, but ho could not sloop. Ho said ho had boon seeing faces through tho alight. _ 1 think ho had a slight touch c? delirium tremens. Your father saw him afterwards? Yes. AA r as Pearson at work? Ho was back in his tent. Do you remember Air Burko and Mr Akroyd coming to the station? Yos. AVhon did you first soo them? I saw Alrt Akroyil walking about tho station. AVhat did Air Akroyd say? He said he had boon asked to como out to sec Pearson about matters mentioned in a local in tho paper. I was talking to him for about toil minutes before Burke came up. AVas Burke alone? He was in front of Pearson. They could see you ? Yes, I think so. AVhat did they do ? Air Burke changed liis course and wont up the hill. AVhat occurred then? Air Akroyd called to him to come down. Ho came down ? Yes. Did you know Burko before? No. AVhat happened then ? Burke asked me if I had put the local in the paper. I said no. I told him Air. Clarkson, the editor of the “Times,” would tell him if lie wanted to know. AVhat did Burke say then? He then asked Pearson if ho put it in, .and Pearson then said no. Burke then brought out the paper from his pocket. I did not have it in my binds, but could just see Pearsoil’s signature and some figures. AA’hat then ? Burke asked Pearson if he couldn’t remember the items. Pearson said he remembered two, but he didn’t know anything of the others. AVas any reference made to the sig,nature? Yes, I remember remarking myself that it looked like a drunken man’s signature, but I thought it was Pearson’s. AVas anything said of tho lambingdown case or tho moneys Pearson was alleged to have hail, oil the part of Akroyd ? I think he asked Pearson one or two questions, but I don’t remember wlmt they were. I only stopped there about 15 minutes and them left them. AVas there no suggestion that you should stav and hear anything more? No. • .• Did you notice how Burke conducted himself in this interview? AVell, lie seemed agitated, aaid kept lighting cigarettes and letting them fall out of his holder. Air. Rees: AVas Pearson’s attention directed to the particular items by Air. Burke? Yes... Cannot you remember which of the items Pearson admitted having received ? No. Did you hear any questions asked as to what money Pearson had when ho left the Record Reign? I remember Burke asking the ques-. tion, but Pearson 1 said he did not remember having any. AVhen you left Alessrs Akroyd, Burke, mid Pearson, did they remain talking? Yes, for some time after. This closed tho case for tlio defence. EVIDENCE IN REBUTTAL. Air. Rees called, as rebuttal evidence, Gordon Ball, barman at tho Record Reign Hotel. It was agreed that tho witness’ former evidence should be restored. Air Rees: Can you say if Pearson obtained' sums of money from Burko? Yes. tie hail sums of money. Can you say in what sums? £l, £2, and the last I saw was £3. How ilo you know? I saw him get those amounts at different times. Did you see Pearson drunk at the hotel ? No; but I did not see him all the time. Did you over seo him in a state of unconsciousness ? No. Did you see him unable to talk rationally about matters?. No. I did not. Did you over serve him with drink when lie was bordering on intoxication ? No. ITis Honor: Do you expect a publican’s assistant to swear anything olae ? Air Rees: AVere you present when Pearson went away? ■ Yes. In what condition was ho? Sober, AVliafc time was it? About nine o’clock in tho morning. Didi you hear Pearson mention any amount before ho was paid ? No. Did he make any demand on Burko for any extra amount? No. AVhen he came into meals was lie intoxicated ? Not that I saw. Did you hear any remarks passed at all on the Saturday? I can’t say I did. Did you hear Pearson ask for money at any time? Yes. Can if he mentioned the amounts remaining with. Burke? Yes. Once or twice. AVhat were the amounts? Once ho said he left £l2, and another time £lO. Air. Hutchison: You had chalked up drink to Pearson ? Yes. But it is not the custom. AVliat’s the process of chalkiug-up drinks? He can pay afterwards. . Did you make any entries of those credits? No. I mark them down or cut them out-. ~ How did you record the clialked-up drinks? Oil a slate.

Could-it be seen by customers? Yes,- . . Did the name as well as the figures appear? Yes. And when paid you would cut tho figures out? How often did Pearson have drinks chalked up? About twice. .

lie would lmvo no money then? Ho said ho had none. Havo you seen Ponrson’s name placed on tho slate by nnyono else? No. What wero tho nmounts you put on the slate against Pearson? A few shillings; 1 can’t say hoiv much. Wlmt intervals elapsed between the two occasions ? Days elapsed. When was tlio first chalking up 1 think on AVcilnesilny morning. And the uoxt? It might be Friday; it might bo Thursday. Wliat- was the amount? 1 don’t roineinbor. Do you remember wiping out the amount?

Yes. Twice. Was that dono on tlio day the drinks wore chalked up? Yes. Wero you chalking up drinks in the interval? No. Mow soon did ho pay aftor the first chalking? AVithin a- lew hours. Try and romombor tlio first wiping out, AVlmt dill Pearson, say to Burke? I don’t romombor. You said you wero present. " I don’t remember the amount. Although you wore present you can’t say? No. ■ You saw tho transfer of tho money ? Yes. Was it gold or silvor? Pound notes. Handed to Pearson? Yes. And Pearson handed it to you? Y es. His Honor: In Burke's presence? Yos. Air. Hutchison: You put it in tlio till, gave tlio eliango and rubbed out tlio chalk? Yes. That occurred on two occasions? Yes. And only on two occasions wore items on the slate? Yes. Burko was on ono siclo of itho countor and Pearson on tho otlior? Yes. And Pearson handed you the money? Yes. AVoro any two payments on any one day ? Yes. £1 and £2. Tho £3 payment was on a dilforont day ? Yes. AVas the ono chalking up paid out of the £1 or tlio £2 naymciit ? Tho £2 payment. And Pearson kept £1 and cashed the other with you? Yes. On the same day there was another payment ol' £1 ? Yes. And no drinks on tlio slato? No. AVliich was tho first payment, the £1 or the £2? J can’t say. AVhat was tho amount oil tlio slato? Two or thrco shillings.' And you said the drinks were paid for on the same day they wore put on the slate? Yes, just after breakfast. And up to broakfast he had run up 3s or 4s for drinks? Yes. And he would probably havo another drink when ho paid '■ tho score ?

I was never in tho bar when ho paid. AVhat is breakfast time? Eight o’clock. There was another payment made that day? Yes. And no drinks to bo paid lor? No. Burko handed the money over the bar to Pearson? Yes. Can you say whether £l, £2, or £3 was paid on the second day? No. There were drinks to be rubbed off the slate? Yes. And Pearson would probably shout ? Yes. , This only'occurred twice? Yes. Do you know Alfred Ansell? Y'es. AVere you in tho bar on AVednesilay night? / No. Were you sleeping oil the premises? No. You know Pat. O’Connor? Yes. AT hat was lie? A labourer, I think. AVas he a boarder? A’os. He was idle when Pearson was there? i •' J Yes. He went out with Pearson to get a suit of clothes. Yes. And thoy wont together? Yes. Did you see Pearson como in with new clothes on ? Is a w him afterwards with them on. You know that on that.day Pearson find no money to buy clothes and you say no drinks were put on the slate against- him that day? Not to my knowledge. AVliero were you. when you saw Peal-son leave on Saturday? I was in the bar and heard 1 him say to Air Burke that he was going to meet his employer. That was the day after ho was bailed out-? I can’t he sui'o of tho day he was hailed out. AVhat was the time ho was going to leave? It was after breakfast, probably about 8.30. Tho barmaid would bo off duty? Yes. AVas she present? She may haye been. Did you see her? I can’t say I did. AVas there any other person than Burko or Pearson present? Not that I remember. You say you were present when money was funded over? Yes, and the-barmaid was present, too, when the money was paid over. That was about nine o’clock. Do yon remember the timo tlio coach passes your door? About 10.30. Going out I mean. ' Oh, about 2 in the afternoon. Then tlio man hadn’t to leave for some hours after? No. AVhat did Pearson say at nine o’clock? He repeated wliat lie had said before about meeting liis boss. AVhat money did you see passed over? £4. Are you sure? AVell it was £3 or £4. AVhat was sliid at that timo? Pearson- asked for all that was left. AVithout naming any amount? I don’t think ho named any amount-. AVhat did Burke say? I can’t- recollect. Did the man take the money into liis own hands? If I remember right they both went into the office. AVhat- did they go into the office for ? . To have a squaring up about board. Then you didn’t sec any money pass back from the man to Burke? No. Did Burke ask him to go to tho bar?

I don’t know who it was. You can sec into the har? Yes. How? Around the corner. Did you see them go into the office? No, to it. . . Did you see any writing on any document ? No. - ", AVlien did you seo Pearson next? In the afternoon. AVhere ? Outside the hotel. Did he come in ? No. AVas ho sober? Yes. As sober as he always was. Aluch the same. Did you seo him go away? Yes,

AVlmt timo? In tlio afternoon in a conveyance. AVhat conveyance ? The Aluriwai coach. AVlioro did lie havo his cl inner? I don’t know. And ho was uniformly sober? Yos. How many Limes did you sec him in to dinnor? Pretty regularly. How many timesP iSoven or eight. For dimaor'? No, for meals. Did you soo him each morning? Vory nearly overy morning. Perfectly sobor? A'cs. And sober in the evenings? A'es, but more jolly. Under tho inllmmco of liquor? I should say not. \\ r ns the bar-maid there at liino o’clock on the Saturday morning? Yos. She could hear what was said? A'es. She could hear what Pearson said about his boss? , A'es. Have you talked to Burko about the occurrence? No, not about tho time. Have you spoken to Burke about the interviews?

No, wo spoke about what the man said. AVhen? Two or three times. Sinco yesterday? No. AVhen Ifjsl-ilid you speak on that point ? Sunday or Monday. Who mentioned it? Burko did. He went over Ihe incident, and you compared note, ? Yes. About tho two interviews? No only ono. AVliich one? 1 can’t say it was either. A’ou admit you compared notes? We had no aiotes to compare. Well, your recollections? Yos. Of both interviews? No, only one. AVhieh one ? Tho ono nt .nine o’clock when tho barmaid was present. You havo compared your recollections frequently when tho barmaid was present ? No. Was tho barmaid present? NO- . You -never talked it over with her and Burke? No. AVas the barmaid ever present? No. , , Nob once ? No. Havo you spoken to tlio barmaid as to wliat occurred? Y"CB. Anil with;Burko? Yes. \ And you all havo the same recollections? NoBut you compared notes, Air. Gordon Ball? But I don’t know wliat was said. AVas there any difference in tho recollections? No. You, Burke, and tho barmaid agreed ? Yes. And it was that some money was paid to Pearson by Burke? Y'cs. How much ? I can’t say. And that the two went to the office ? Yes. Anil that Pearson said he- wanted wliat was coming to him? Yes.

AA’itliout any statement of the amount, documents, paper, or. signature? Yes. Did you seo Pearson standing at the door of the office? Yes. Air Rees: The barmaid left the hotel to got- married ? Yes. AVlicn did you first see her since the marriage about the case?. The morning I saw Air Rees after the article appeared in the “Times’.” AVas Pearson conscious of all lie was doing on the day he. went away? I shjjald think so. THE BARAIAID. Kate Hansby (nee Kate Callaghan) said:—l was barmaid in the Record Reign Hotel from August 3rd to 15th when I left to get married. Do you remember Pearson being at ■the hotel ? Yes, I saw him frequently, and he had his meals at the hotel. Did you over see him in i.i state of intoxication ? No, I can’t say I did. During the week -lie was there can you state that lio received monies from Air. Burke? Yes', I raw money paid repeatedly. AVhat time did you go on duty nn the bar? Nine o’clock in tho morning., Did you hear a:ny conversation between Burke and Pearson labout tho payment of money on the Saturday morning? Yes. His Honor: Air. Rees, you are simply _ putting tho anPwors into tlio witness’ month. This sort of evidence I must tell the jury is worth verv, little. .✓dur. Rees: AVhen did you first hear 'that Pearson was going away? AVlion did you first hear that Pearson was going away? ■On the Saturday, because lie asked Air. -Burko lor tho remainder of his money. AVhat did you-hear?

I heard Air. Burke say tlio money was £4, which ho went anil got for •him, anil I saw it paid. In what -condition was Pearson at that time? He\was quite sober. DidXyou remember any other money being paid to Pearson ? I cairt remember any special amount, but I saw several made. Sometimes several were made in ono day. During tho course of that time did you -notice anything about Pearson to -suggest that lie might forgot tilings? No, lie always seemed tho same to mo; lie seemed to havo a very good memory. Mr. ’Hutchison: Do you remember Pearson leaving on the Saturday ? Yes. Quite sober then? A'cs, just the same as all the timo. AVhat time in the morning dill ho receive tlio money? I think about 10 o’clock. About an hour after you went on duty ? . Yes, about that. AVhon would- Ball come on agtiin? One o’clock. AVhere did . this settlement take place? In one of the bar parlors. Not in the bar? No. AVere you in the bar or in the "bar parlor? In the bar. Did you hear the conversation between the two? No. not all of it. Pearson didn’t mention the amount that Burke had. AVhere was Gordon Ball? Oh, I couldn’t sav. He may have been about, but I didn’t- notice him. A'ou saw Pearson about the hotel up to about 3 o’clock. Yes. AVas -lie having anything to drink? Oh. yes, only some soft drinks. Nothing intoxicating. He didn’t seem to mind whit lie had, and he took anything you gavo him. (Laughter.) .. Did he pay for them? Yes. Did he shout for others? Yes. • How many times did he shout? I couldn’t remember that. He was hanging about? Yes. AVhere were you wlieiuyou saw him get <>n the coach? In the ibar. And did he have another drink ? I couldn’t swear to that. You remember the AA'cd-nesilny -night? You were on duty? Yes. Ball was not there, he 6ays? No, lie wasn’t. Do you remember Ansell coining with Pearson int-o the hotel ?

I couldn’t say. I didn't know Ansoll Did lie have drinks chalked up to him? No. I didn’t chalk any up. Wliat would you do when Bio had no money? I’ll refuse the drink. All'. Burko wouldn’t let me chalk it up. Do you romombor waking Pearson up, who was asleep that night? J. can’t romombor. His Honor: A'ou won’t ile-ny it? I o.iu’t rcmoinbur. liis Honor]: Witnesses havo como here and said you did. AVill you deny it? It must bo untrue because 1 don’t remember it. Air. Hutchison: AVjiat about the statement a witness has also inailo that lie was preoil t when Burko haniloil a pound to Pearson, and ho handed it to you, ami you took 3s from it and gavo Pearson the 17s change? No, I don’t remember that.

Do you remember Burko paying Pearson ? No, I don’t. A'ou don’t remember Burko giving Pearson silver and saying that is £l. No, lio was always giving him money. and I did not hike much notice. iHs Honor: A'ou ought to remember that. Is -it true? A'es 1 I believe that is true now. Then you -had put some drinks on the slate? • No, I trusted my memory. lie had just got tile drinks before? Yes. He continued to shout? I can’t remember that. , Was Burko shouted for by Pearson ? Ho might have been. Can you remember waking Pearson up fnom tho chair? No, I can’t remember that. How often Bmvo you seen Burko pav Pearson money ? Sometimes trvo" or three times a day. Every day ? A'es every day. How would tho money be paid? Silver mostly. Handy change? Me would shout for his friends? Yes. Ho shouted for you? Ho wanted to. And you joined sometimes ? Yes. His Honor: He was drinking soft drinks? Did -ho take soft drinks usually? Ho didn’t seem to mind what lie hail.

Not as long as lie could spend liis mon oy ? Yes. lie was a good customer? xOh, yes. Is it true that you and Gordon Ball havo been speaking over the oago? No; I don’t remember that. Not comparing recollections? A'es, wo spoke about that. Aloro than once? The witness hesitated. liis Honor: AVhat is true? AVitness: AVe did speak about it. . How long ago was tho last occasion ? About three days •■ago. Aims it yesterday ? I did speak to him yesterday. His Honor: Como, come. It is quite plain it was yesterday, why don’t- you -answer? AVitness: Yes, it was yesterday. A'ou talked over the evidence? Yes. AVhat did Ball say to you ?

He said ho was a witness and was going to tell the truth about tho Saturday, and that Pearson went awav sober by tho Aluriwai coach. ‘ AA'liat else ? -, I don’t remember much. He said ho knew Air. Burke had given Pearson the money. Did he say he saw Burko give the money ?

No. Did lie say anything about what occurred at nine o’clock ? No. AVas Pearson present at that time on the Saturday? I could not say. AVhat- time was that ? About ha-lf-past ten o’clock. Ball would be away P No, he was always about. You can’t- say how many times Burko gave Pearoon money? Not how many times, but some times two or three times a day. Re wus there six days, that would make 12 or 18 times? Yes. AYould there lie any entry of the payments? No. A'ou did -not see a pieco of paper with the amounts put clown then and there ? No. JOSEPH BERRY. , Joseph Berry, butcher, said— I was staying at the Record Reign Hotel from August 3rd to August 12th or 13th. I slept in No. 9 room; the same as Pearson. Air. Rees: Did you notice his condition ? Yes; ho was regular at his. meals. Did you over see him intoxicated? Oh, not too bad, I saw him a bit merry. c In talking with him did you notice anything peculiar in liis manner? t often talked with him, and lie was perfectly sober and rational tho whole time. Did you seo him in any other port of the town any time? 7 Ye§, I saw him in the town several times. . . AVas ho in the same condition from August 3rd till the timo lie left? I saw rno difference in the man. . Do you know whether lie was absent from the hotel any night? Ho was ono night. Mr. Hutchison: It must have como to A T ou as a shock to hear the man was" arrested for drunkenness. Well, I never saw him all tho day. I took no notice of that. Do you .remember the first night ho slept there ? Yes. W-ho else was there? Another chap, I can’t think of the name. AVoro you working? No, waiting for tlio freezing avorks to start. Did. lie shout for you often? Just a few times. AA’hat did lie drink?

AVhisky. „ , ~ . This concluded tho evidence, and tlio Court adjourned until 10 a.m. this morning, when counsel will 'address tlio'jury.