25

C—2

521. You have told us the conversation about the telegram ?—I am not perfectly certain whether it was at the time the telegram arrived, but I have an impression that it was. 522. Did you see him on any occasion when he said that he had paid the money, and that he had also paid Messrs. Perry and Perry's costs? —No ; I do not think he ever told me that. 523. Did you ever say to him, " You had better go and get your money at the counter " or "in the office " ? —From our men ? 524. Yes?— Never. 525. Mr. Scott has told us that, after he had paid the money to the policeman, he saw you, and told you that he had done so, and also told you that he had paid Messrs. Perry and Perry's costs (five guineas), and you said that he had better go and get the money in the office ?—He may have told me that he had paid the money. I used to meet him. 526. He says on this occasion he met you at the top of the stairs leading into your office ?—I am sure, perfectly positive, that I never said he might go and get the money in the office, because the whole tenor of my talk was the reverse. 527. He tells us he said to you, " Oh, it is better no money pass just now," and that you said, "Oh yes, perhaps so." Did any conversation like that take place between you ?—No. After I had said this, about the possibility of my paying, he said, " Then, I had better go and pay it," and I said "Yes." 528. At this time, I suppose, you had no thought that the matter would go further than the fining him for not taking notice of the notices he had received to poison the rabbits ?—No; I cannot say I had. 529. Cannot say you had what ?—Any notion that it would go further. 530. And you led him to believe that if it ended there, and it was nothing further than the costs he was put to in respect of the non-poisoning of the rabbits, you would pay that, so as not to deprive him of his remuneration? —I made no promise, but I said I might reconsider my previous understanding to that extent. 531. By-the-by, did you ever instruct him tocommumcate with Messrs. Perry and Perry ?—No. 532. Now, Mr. Eitchie, you sent a telegram from your place beyond Timaru in reply to a telegram sent to you by Smith, Chapman, and Co.: do you recollect that ?—Yes. 533. You said in it, " Have nothing to do with Scott whatever. Have paid him in full for such use as we got of his run " ? —Yes. 534. You wrote that from Canniugton ? —Yes. 535. Without any opportunity of inquiring whether the money was paid or not?— Yes. 536. Did you believe at that time that the money had been paid ?—Yes. His Honour : Mr. Eitchie says he believed the money promised had been paid ? 537. Mr. Haggitt.] That is what you refer to?— Yes. 538. And you say what you wanted was the use of the run to get the stock off; and for that you paid the first half-year's rent and this remuneration to Mr. Scott ? —Yes. 539. Then, when was your next interview with Mr. Scott ?—I do not think I ever saw him afterwards. 540. You were away at the time he was arrested, and could not?— Yes. 541. And you were away for a considerable time afterwards, until the whole matter had been disposed of by Scott being discharged from custody on condition of his bringing an action against you? Sir li. Stout: Do you want to go into the question of the number of people Mr. Eitchie sent to Mr. Scott to get him to keep quiet—you had better not. 542. Mr. Haggitt.] Then, Mr. Eitchie, I understand you to say that Mr. Scott knew perfectly well what he was going into at the time he purchased this run ?—I made it very plain—as plain as I could. 543. That there was no question of his buying as agent for the company, or for you, or for Mr. Henderson, or anybody else ; that he bought it on his own account ?—-Yes. Sir R. Stout: This is mere matter of re-examination to cooper up the evidence. His Honour: It is just summarising, I suppose, what Mr. Haggitt takes to be the evidence. 544. Mr. Haggitt.} Yes ; and that Mr. Scott had no right to come to you, or to Mr. Henderson, or to the company, to get rid of the difficulty ?—That was the feeling that prompted me to send that telegram to Mr. Chapman. I did not know why he was telegraphing to me. 545. That, according to your arrangement with him, your whole responsibility ended with the first half-year's rent, and whatever sum should be agreed upon for his remuneration?— Yes. Cross-examined by Sir E. Stout. 546. I understand, then, you sent this telegram to your agent in Timaru to apply for the run in Mr. Scott's name before you got any authority from Mr. Scott to do so ?—My authority from Scott was an assumption arising from what passed between me and him. 547. You had not seen him before? —Yes, I had. 548. Are you sure of it ?—Yes. 549. I think you said you had not seen him till the afternoon ?—I certainly had seen him, and discussed the whole thing. 550. "Why did you not get him to sign the telegram?—He went out, and I could not get him, and time was of importance. 551. There was a telegram-form in the office you could have got ?—He had given 552. Is it not a fact that you sent the telegram before Scott authorised you to sign it, on the strength that you could get him to consent —on the strength of the previous arrangement that had been entered into ? —No. 553. Then, I understand you to say that Mr. Scott agreed to do it, and that you did not get 4—C. 2.