I.—2a.

28

Mr. J. Slieelian, M.S.B. Aug. 9, 1880.

, 783. Mr. Boiven.] You do not know at all what became of this £200 cheque, apart from the £50 that you say you paid ? You do not know the history of the cheque after you signed it ? —Nothing whatever. 1 observe by the telegram that the £200 cheque appears to have been paid in to Brissenden's account. That would be explained, I think, by the supposition that ho had previously given his cheque to Adam Clark for the amount, pending a settlement. 784. But you do not know ? —All I know is that I signed a cheque according to his request, and that he took it away himself. 785. Sir William Fox.'] Adam Clark told us very specifically and very positively that at the time when he paid that money into the bank—£3oo or £400, whatever it was —Mr. Nelson was with him, and before they left the bank Mr. Nelson handed to him a white paper, which Clark believed to be a banker's receipt? —Yes. I heard that. 786. And then he said that after he went out of the bank you said, " Let me look at that paper;" that he gave it to you, and asked you to return it, but you would not give it ? —That is very possible. 787. And on that account he did not come back to you at all? —I understand that the course of the bank business would be this : this slip which would bo handed into the bank would be the one which they would retain for their own record. Possibly Mr. Nelson might have asked for a copy of the slip, as I do in such cases myself. 788. Adam Clark says it was handed to him and taken from him ? —lt is quite possible that I may have taken it from him as evidence of the fact that the money had been paid to our account. 789. But you do not remember?—l do not remember. Ido not remember being in the bank even. But it is quite possible I may have taken the slip; and, even if I had been in the bank, it was some time after that when they came to me in my own office. 790. I wish to call your attention to the £200 cheque. It appears to me that it is written in different handwritings and at different times. You will observe that the words " two hundred " are written with a different pen, and in different ink, and at a different time ?—lt was all done at the same time. 791. And with the same pen ?—lt was a table nearly the size of this. We were on different sides of the table. He might use one pen and I another. 792. That £200 in that appears to be different. One part of the cheque appears to be written with a thick pen, and the other part with a thin one ?—They are the same handwriting, but with different pens. It is quite possible I may have stopped to ask what would be the amount, and then used another pen. 793. When you made that payment to Mr. Jones did you take any receipt from him ? —I cannot say I did pay Mr. Jones; lam not quite sure. 794. In the ordinary course of business you would take a receipt from him ?—I suppose I should, unless he gave back the document upon which he was claiming. 795. You were practising as a solicitor and barrister ? —I had ceased to do business. Dignan and Armstrong had taken over my business. 79G. But did you not keep some sort of account-books ? —Yes ; but in 18711 joined the Provincial Government, and from that time I ceased to have any interest in the business. If any business came in my way I handed it over to them. 797. But is there not a record of such business as this in account-books ? —The Government Agents would very likely have an account of the disbursements. I did not consider it necessary, as the money had to be paid into the bank, and the account would show. 798. You trusted to the bank pass-book to show the account ? —Yes. 799. You feel confident that there are no account-books that could be got now? —I feel confident I have none. I do not know whether anything in Dignan and Armstrong's office would show that account. I may add that, dealing as I was with Natives, I looked upon the Government officers who were conducting the transaction as the proper persons to see that it was regularly done. 800. That would hardly apply to trustees?— But when the money was paid into the bank I had no objection to give a cheque to Adam Clark in the presence of others as the outcome of arrangements made between him and them. 801. The Chairman.] Were you present at the lodgment of the £300 ? —I cannot say. Adam Clark does not say I was present at the paying-in. He says I came in just after he got his slip. I may have been present; I cannot say. 802. As to the refund to Jones, you say you do not remember whether you paid that £50 or not? —No; but I remember that, at the meeting on the previous evening, when the agreement was arranged, I told him he would have to pay that £50 to Jones, and Hori te More would have to refund his amount, as they could not, as a matter of good faith, expect that the Government would refund the money to Jones. 803. Sir William Fox.'] Is Mr. Jones in Auckland now?—No ; nor is Mr. Brissenden. That is the misfortune, that the matter has been allowed to go on so long. 804. The Chairman.] Had you anything to do with Jones in the matter of refunding his money for the timber? —I have already explained that he called upon me and wanted me to arrange with the Government, but I declined to do so. I may have told him the Natives were going to sell. At this lapse of time, in a matter which had no special interest for me, I would not undertake to say whether it was so or not. 805. But, though there may have been some difference in the ink or the pen used on that cheque, you say it was drawn in your office ? —ln the Provincial Secretary's Office. BOG. In your presence ? —ln my presence. 807. Are you quite sure of that ? —The cheque was signed in my presence, and signed by me at the request of Adam Clark. I was asked where Mr. Stannus Jones is. lie left the colony some eight or ten months ago —and I think for good. 808. Then the cheque was not drawn up before they came to your office ? —No ; the cheque is in my own handwriting.