H.—l6b

I "shouted." After the first drink I think Constable Kemp invited me to have a second drink. Constable Kemp handed me a bottle containing gin. He took the bottle from a shelf inside the slide, before which we were standing. I helped myself with a drink from the bottle. 1 think Kemp had lemonade, or something of that kind. I then suggested we should have a cigar each. I caught hold of the barmaid's hand and said to Kemp in a joking manner, " I will hold the girl; you go and get the cigars." The licensee, Mrs. Witt, was sitting in the passage, near where I was standing. Kemp then reached through the slide, took up the cigar-box, and handed me a cigar. He took a cigar himself, and replaced the box. lam not quite certain if Kemp handed me the box or took a cigar out and handed it to me. After this Kemp went into an adjoining room and was there talking to Mrs. Witt, the licensee. Kemp left the hotel before I did ; and I believe Constable Burrell, who came in and asked for Kemp, left with Kemp. lam not quite clear upon the latter point. I remember you speaking to me one day last month. You asked me a lot of questions, which you put down. I suppose you took down my answers to those questions. Kemp did not ask the barmaid to " shout." Ido not now remember if I said in my first statement that Kemp asked the barmaid to " shout." I did not that night offer to pay for the drink and cigars rather than have any trouble. I told you when you spoke to me about the matter that rather than have any row I would pay myself. I have not at any time since the occurrence offered to pay Mrs. Witt or the barmaid. Examined by Mr. Maginnity.] The whole thing was a joke. There was no intention on my part to hold the barmaid while Constable Kemp stole the drink and cigars. I have only once before met Kemp in a hotel. Kemp did not actually go behind the bar, but reached through a slide. Mrs. Witt was present and saw all that occurred. She did not object. I can say that Constable Kemp " shouted" the second round. Neither the barmaid nor Mrs. Witt made any trouble about the payment of the drinks and cigars. The barmaid must have understood that the matter was a joke. Ido not now remember all that occurred. The barmaid did not seem angry. What I have stated to-day is a correct statement as far as I remember. By Commissioner.] When the Inspector first saw me I had not a clear recollection of what had taken place. Later on I gave the matter more consideration, and I then came to the conclusion that it was lemonade and not gin Kemp had on the occasion in question. The Inspector asked me when he first saw me if Kemp had gin, and supposing that the Inspector knew all about the matter I took it for granted it was gin Kemp had. On consideration I remembered it was either lemonade or soda-water the constable had, and when I saw the Inspector again I corrected the former statement, or told the Inspector the first statement was not correct. It was nothing I had heard from Kemp or any other person that caused me to correct the original statement, but entirely owing to having given the matter more careful consideration. Between the two interviews with the Inspector I saw Constable Kemp about matters relating to the factory in which lam concerned. Not a word passed between Kemp and myself about the occurrence at the Exchange Hotel on this occasion. The Inspector had asked me not to mention the matter to any one and I promised not to do so. I kept my word. When I stated to the Inspector that ■Kemp had gin it was in reply to a statement of the following nature as far as I remember : The Inspector said to me, " You were at the Exchange Hotel wdth Kemp. You had gin." I replied, " Yes." The Inspector then said, " And Kemp went behind the bar to get it." I replied, "No ; he took it from the lower shelf." The Inspector also said, " And Kemp had gin," and I replied, " Yes " ; but I think even then I expressed some doubt as to what he had. Ernest Oakey. Thomas S. C. Kemp, constable, stationed at Nelson, examined by Mr. Maginnity, states : — I remember being in the Exchange Hotel on the occasion referred to. It was a little after 8 p.m. Mrs. Witt sent a message that she wished to see me. The message was sent by Constable Burrell. I went there.in consequence. Mrs. Witt was not in on my arrival. I waited until she returned. Mr. Oakey, the last witness, came in while I was there. I had a drink with Mr. Oakey. He paid for that drink. I afterwards invited Mr. Oakey to have a drink with me. He agreed. The barmaid at that time was busy serving customers in front of the bar. I asked Oakey what he would take, and he replied, " A glas3 of gin." I reached through the slide and took down a bottle of gin, and I forget whether Oakey helped himself or if I helped him. I filled my own glass from a bottle of soda-water which was standing on the counter. Mrs. Witt, the licensee, had returned while we were having the first drink, and at the time I took the bottle of gin she was sitting in the passage alongside of Oakey. After finishing the second drink Oakey suggested we should have cigars. The barmaid said she would bet he could not get them. She was pretty strong. Oakey caught hold of her hand as she was resting at the slide and asked me to get the cigars. The cigar-box was on a shelf immediately inside the slide. I put my hand in and took two cigars from the box, handing one to Oakey and keeping the other myself. Oakey smoked his. I lighted mine and then threw it away. Ido not smoke. I then went into the barparlour with Mrs. Witt, and was still speaking to her when Constable Burrell came in. Before leaving I gave Mrs. Witt 2s. for the cigars and drink in Constable Burrell's presence. I told Mrs. Witt not to tell the barmaid, as I desired the latter to think we had not paid for the cigars and drink. Mrs. Witt said, " All right," and laughed. I have never booked drinks in a hotel in my life. Had the barmaid not challenged Oakey to get the cigars I should never have got the cigars as I did. The whole thing was a jest. Mrs. Witt did not interfere in any way. She was sitting in the passage, and apparently enjoyed the whole as a joke. This was the second occasion I was in the hotel since Mrs. Witt took the hotel, about six months ago. After paying Mrs. Witt I left the hotel in company with Constable Burrell. I never went behind the bar-counter at anytime. I had not been asked to pay for the drinks at that time; therefore could not have refused to do so. lam perfectly certain I handed the two-shilling-piece to Mrs. Witt. I have reported one

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