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an answer, he got out of the trap and went to him. A water-race ran across the road between McCarthy's gate and the cross-roads. She was sure he was the same man she saw on Friday morning. Ernest Davis, brother of last witness, remembered driving his sister to Waitaki store last Friday week. It was about 9 o'clock in the morning. They saw a man lying near McCarthy's gate on the north of the road. The horse shied at the man. His face was towards the road. He noticed that his left leg was doubled up under him. His right hand had hold of the trousers of the left leg at the knee. His hat was on. He did not speak. He had a bottle and a pannikin against his chest. When coming back about 11 the man was in the same position, and the bottle and pannikin also. He did not seem to be tipsy when they came back. He looked lively. He looked to be laughing a bit. He passed by McCarthy's gate again the same day about lor 2 o'clock. He was walking—minding the cow. As he got to the gate, Mr. McCarthy drove out with a dray in which were a number of children. He (witness) walked behind the dray. They came to where the man was on the side of the ro?„d. He had not spoken to McCarthy about the man before. McCarthy stopped and got down. The man was lying in the same position. The leg was still doubled up and the right hand over the knee. McCarthy went over to the man and gave him something to eat —some scones, bread and meat, and tea. McCarthy had the tea in a bottle, and poured it into a pannikin. Both spoke, McCarthy speaking first. McCarthy asked what was the matter. The man said his leg was poisoned. Then McCarthy said, "Is it poisoned ?" and the man said " Yes." McCarthy asked witness if he could cure the leg, and he said " No." McCarthy told the man to cover the meat over, but he just touched the paper. It was brown paper. McCarthy felt the man's left leg before he went away. The man first asked McCarthy if he (witness) could cure his leg, before McCarthy asked witness. He thought the man was silly ; he looked so. He did not eat any food while he was there. He did not stay there more than a quarter of an hour. After they left McCarthy said the man must be out of his mmcl. McCarthy talked to the man as if he were a stranger. McCarthy drove about half a mile with the children. He went with them and also .came back. In passing the man again he was on the south side of road. They did not stop, but passed on. McCarthy was on the dray, but witness was walking behind. The man looked at them as they passed, but said nothing. He did not notice the position of the legs. He had all his clothes on. He had them all on in the morning, too He had one boot off. He noticed it off when coming back with McCarthy. He had both boots off on three previous occasions he saw him. He was not sure that he had them both off when he first went to Waitaki. Witness was with McCarthy all the time he was thinning turnips. McCarthy said, " Poor man ; he can't walk," just after they left him the first time. Witness did not think the man was asleep when he passed him the last time. McCarthy gave the bread and meat in a piece of brown paper. To foreman :He noticed no marks on the man's head when he was with McCarthy. His hat was on. Re-examined : He did not notice whether the man brought the food across the road with him. Johanna McCarthy, daughter of Jeremiah McCarthy, farmer, Waihao, deposed that she remembered Thursday evening, the 10th of present month. An old man came to her father's residence that night about 8 o'clock. He came from the direction of Mr. Kilworth's. She was outside the house when he came. He came through a fence. She went inside when she saw him coming. Her mother and brothers and sisters were inside at the time. The eldest of them was fourteen, a girl, named Mary. The next was twelve, named Kate; the next, Ellen, aged eight. The man came to the front door, and turned the handle to come in, but the door was locked. They locked the door when they saw him coming over the fence. He fell over the fence. The fence was about twice the distance of the length of the Court away. He kicked the door, and said he would murder them. They went in by the back door, but he went to the front. He kept kicking at the door until her brother Michael came. He only said he would murder them once. He did not say so loudly, neither did he seem angry. He did not kick the door hard. Her brother asked him what he wanted, but witness could not say what reply he gave. The man went to the back door, but she locked it when she saw him go round. He kicked the back door for about five minutes, and swore. He said, " Open the b door," and kept repeating it. He said other words which she had forgotten. After that her father came down from the stable-yard. She was looking out at the kitchen window. Her father asked him what he wanted. The man was looking through the window then. Her father said, " What do you want doing that for?" He just kicked the door as her father came. Her father asked what his name was, and the man said nothing. When her father asked him what he was doing that for, he said, "This is my own house." Her father told him to leave the place. The man at once went towards the stable. She was surprised at that, as he went away so quietly. She thought he would not have gone. When her father saw the man going in the direction of the stable he told him not to go there, as he might set fire to it; there were plenty of other places on the other side of the road. The man then went towards the road. She saw him go half-way towards the gate. He would be about a quarter of an hour at the house before her father came. He never used abusive language to her father, nor threaten him ; neither did the man strike him. She was quite sure of that. Her father spoke in a gentle tone of voice. She heard the man during the night. She and the others who were sitting up went to bed at 10 o'clock. She was awakened about midnight by the barking of the dogs. She heard a man either singing or crying, the noise coming from the direction of the road. She did not know who the man was. The noise was kept up for a quarter of an hour. Her father, mother, and herself got up. The others were asleep. Her mother called to her and they went to the front door. Her father was with them. She was sure her father was not up before ; if he had been, she would have heard him. She would have known because she never slept at all. The last statement was true. She would have known if he were out. He could not have gone out without her hearing him go. Her bedroom was next to his. She did not listen for any sounds that night. She met 2—H. 37,