53

H.—l6b

doing here? you know what time it is.' The man replied, ' Oh, it is all right; I am on the randan or on the loose ; give us a drink,' &c. Woodward said it was after hours, and he could not do it ; then all the rest came in, and they clamoured for drink. I then left and saw no more. Next day Woodward told me it was Constable Durbridge jumped over the gate first, &c. The foregoing statement was read over to me, and I declare it is true. —Alfd. Wastney." I beg to add that neither of these men complained to me; some private citizens told me it was rumoured to be the case. I saw the witnesses about four miles apart. New Zealand Police, 26th February, 1902. Commissioner's Office, Wellington.

I am informed that Constable Durbridge went afterwards to Mr. Woodward and asked if I had been there, and on being told I was, he remarked, " That is about the last bullet." I did not hear what else had passed between them. I had no time to call back. E. Macdonell, Inspector. New Zealand Police, 26th February, 1902. Commissioner's Office, Wellington.

Constable Durbridge. Charge No. 2. —Being asleep at Nelson Police-station at 11.45 p.m. 18th November last; again at 1.15 a.m. 19th November; again at 4.15 a.m. same date; and again at 11.45 p.m. 20th November, when he should have been on duty. Finding. —This charge rests solely on the evidence of Constable Williams, whose uncorroborated statement it would be unsafe to accept, for the reason that reports and memoranda submitted by him as original and made at the time of the various occurrences were proved to have been made at subsequent dates. Under these circumstances I acquit the constable of the charge. J. B. Tunbridge, Commissioner of Police.

Charge No. 2. Joseph Swindell Williams, constable, stationed at Nelson, stated in answer to Inspector Macdonell:— On 18th November last I was on No. 1 beat, night duty. Constable Durbridge was supposed to be on No. 2 beat. It is my duty while on No. 1 beat to visit the police-station from time to time. On the night in question I visited the station some time between 11 p.m. and midnight. Constable Durbridge was sitting near the table in the mess-room. His arm was lying on the table, and his head resting on his arm. He apparently was asleep. We did not speak to each other. I left the station, leaving him there. I again visited the station at 1.15. a.m. 19th. He was still in a similar position, and still appeared to be asleep. I woke him up, and he asked me the time. I told him it was 1.20 a.m. I left the station, leaving Durbridge in the mess-room. At 3.20 or 3.30 a.m. I returned to the station ; he was still sitting on the chair. I did not take much notice of him, and cannot say whether he was asleep or awake. I again left him in the station. .1 returned again about 4 or 4.15 a.m. ; he was then lying on the floor in the mess-room apparently asleep. I left him there. I did not see any more of him that morning. I cannot now remember any other specific date when I have seen this constable asleep in the station, and I have no memoranda made at the time from which I can refresh my memory. Cross-examined by Constable Durbridge.] It was on the night of the 18th November and the morning of the 19th that I saw you asleep in the station. It was between 11 p.m. and midnight when I first saw you. You were sitting near the table. I went just inside the door. I could not swear you were asleep, but you appeared to be. I did not call you. I spoke to you on my second visit to the station, and you answered me. You said, "What is the time?" and I told you. I did not tell you to go on your beat. I did not tell you to go on your beat at any time that night. I understood you to be under my supervision. I did not ask you if there was anything the matter with you. I did not tell you I would report you. I did not speak to the sergeant about this particular instance. I have never been quite certain whether I ought to report the constable under me or not. I took a note of it at the time. I made no report until the Inspector asked me for a report. I forgot about the night of the 19th November. lam not mistaken about the night of the 18th. I cannot remember how long we had been on night duty before the night of the 18th. I am not certain if the 18th was the first night we had gone on duty together. lam sure it was you I saw asleep. I would be very much surprised to hear you were not on night duty that night (the 18th November). We have always agreed very well on night duty. Always assisted one another in any matter willingly. I have not been implicated in any plot against you in which Constables Bird and Aldridge were concerned. I have never told any private individual in Nelson that Constable Aldridge was in the plot against you, and that he would have to come and give evidence also. When I gave the information to the Inspector I did not know the matter was going to be inquired into. I do not know that I gave the information to the Inspector in a confidential way. I cannot say the Inspector told me I would be all right in this matter. I cannot say. I cannot say the Inspector did not tell I should be all right if I gave him the information. I do not remember. Be-examined by Inspector Macdonell.] I had complained to the sergeant about the men coming into the station while on duty, but there seemed to be no notice taken of it. I knew of no plot against the single men here. Question by Commissioner.] Constable Aldridge and I were friendly when he was at this station. For some time past there has been unpleasantness between myself and Constable Burrell, and recently between Durbridge and myself. Kemp and I have never had any disagreement, but we have never been very friendly. For some time past the married men (Constables Bird, Aldridge, before he left, and myself) have not been getting on very well with the single men. I have