I.—lβ

98

By Mr. Bell.] lam a brother of Mrs. Chemis. I lived with the Chemis's till about twelve months ago. I paid for my board when I lived with them. I do not pay now. lam only living with her now to oblige her while she is in trouble. Ido not know that my cousin, Timothy Dowd, has a gun. He was living last May at Kaiwarra, at John Dowd's, my cousin and a cousin of his. Ido not think John Dowd has a gun. On 26th May I took the gun, powder-flask, wads, and caps. There may have been more than one box of caps; I did not see it. There were some articles there I did not examine. I did not examine the contents of the drawer on 26th May. I did examine it on another occasion, but I did not examine it carefully. I examined it on Sunday, 2nd June. I examined most of the articles in it. There may have been an article or two I did not examine. I examined some carefully. The powder-flask was one. I opened a box of caps. [Q. Did you examine it carefully ?] I looked into it. I examined it enough to see what was in it. I examined carefully the powder-flask ; the revolver I had a look at; the wad-cutter Ido not know if I looked at it carefully. Ido not know that I examined anything else. There may have been another box of caps. Mrs. Chemis told me that they had been taken away—the gun and shotpouch —and that was my reason for examining the articles carefully. I was surprised that they did not take away the other things belonging to the gun. I thought when they took one they should have taken the lot. Because they had not taken them away, that is why I took the powderflask in my hand and looked at it. I said to Mrs. Chemis, "It is surprising they did not take this," when I held the powder-flask in my hand. I did return the powder-flask to the drawer on 26th May, and the box of caps. I swear the wad-cutter was in the drawer on 26th May and 2nd June. I saw the drawer on sth June, before the police had been there and after the police had been there. I went to the drawer with Mrs. Chemis for money. I think I said to Mr. Jellicoe I had been to the drawer on sth June, a+'ter the police had been there. I say so now that I saw the drawer on my return on sth June. Mrs. Chemis had some notes left and some silver; besides what she gave me she had some notes left. There might have been more than one there. I know there was one. It looked like as if there were more than one. I did not see what she did with the rest of the money. I left as soon as I got the money. Ido not know if there was any money in the tin when I came back. 1 looked in the drawer, but not in the tin on my return. I never saw the lease in the right-hand drawer It might have been at the bottom of the drawer under some things. I did not see it there on 26th May. It could have been there unknown to me. I did not see other documents there. I took the £6 home again and gave them to Mrs. Chemis. Ido not know what she did with them. On Sunday I got to the house at between 3 and 4. I had a cup of tea. Mrs. Chemis made me a cup of tea. I did not see Chemis, he was about the cowshed. The children might have been there, but I cannot remember. Chemis was not in the room. I had some pieces of quail and some bread and butter. Mrs. Chemis did not eat with me. I had it by myself. The true story is what lam telling now. The statement made to the Governor may have been a mistake. I did not tell a lie. What I am telling you now is the truth. I only loaded the right barrel on the 26th May. I had always used paper for loading with up till Easter. I had now used wads. I did not load the left barrel on the 26th May. Timothy Dowd was with me when I fired the gun off on 26th May, a good few chains in the bush. It was not so far as a quarter of a mile away from the house. I discharged the gun opposite the house, leading on towards the butts. I was not quite on the top of the hill—about half-way between the butts and Dimock's. I did not load that right barrel with paper. I know that the Evening Post is taken at Chemis's house. I never fired a bullet out of this gun, not on any occasion. He-examined by Mr. Jellicoe.} When I went to the drawer on 2nd June, I went because Mrs. Chemis told me the police had searched the house the day before, and had taken some things, and left these ; the purpose was to satisfy myself that they were really there. I was not looking for blood stains. My only purpose was for what I have mentioned. Mr. Jellicoe prepared the affidavit I made for the Governor from what I told him. It was the first time I had made an affidavit. By the Court.} Mrs Chemis put her finger in the box when she took the money out ?—I would not be sure, I think she did. I was not searched when they came to Greaves's house. I do not know what became of the wads I had in my pocket. I expect they came out of my pocket when I pulled out my handkerchief. Louis Chemis recalled : I wish to say there was a lolly box in the left-hand drawer with some jewellery in, and a Foresters' book. I belong to the Foresters. Timothy Dowd sworn, saith: I live at Lower Hutt. I am a labourer. I remember the Sunday before Hawkings's murder. I was living in Kaiwarra with a cousin of mine named John Dowd—not the last witness ; he is living in town now. I went to Chemis's house with my cousin John Dowd, the last witness, in the morning of the 26th May. My cousin had not a gun with him before he went to Chemis's. He went into the room, and got a gun. I remained in the kitchen, and while I was there he went into Chemis's bedroom. He brought out a gun, powder-flask, shotflask, some wads, and some caps. The wads were not in a box. I would, I think, know the i powder-flask again. I believe that produced is the same. We went up the hill shooting. We ' stopped away a few hours. We could not see any thing to shoot at. Coming home he fired off the gun, and said it was best unloaded. He was on the brow of the hill—not a very long distance away from the house, towards Dimock's. The wads he had were like those produced. When we got back to Chemis's we went to the kitchen. He took the gun and ammunition back in the bedroom. We both left together for Kaiwarra. This was the Sunday before Hawkings was killed. By Mr. Bell.] I did not see my cousin load the gun ;he must have loaded it in the room before he came out. He did not load it in my presence. I did not know that only one barrel was loaded. If I had the gun I would have had two barrels loaded. I did not notice the nipples. He fired off one barrel when we were coming home. We had been shooting upon Chemis's ground. We went