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68

[W. j. BANNEHR.

25. What did you do then ?—We went straight down to the police-station—Daniell, Hamilton, myself, and my father. We all went to the police-station, and on reaching there Mr. Bannehr demanded to see the sergeant, but they refused to call him. 26. Whom did you see ?—Constables Kemp and Durbridge. 27. At the time of the assault was there any other constable present besides Durbridge?— Kemp. 28. On arrival at the police-station you said you saw Constables Durbridge and Kemp, and requested to see the sergeant. 29. What was their reply?— They said that unless there was a very serious charge, or words to that effect, they would not disturb the sergeant. 30. Did they tell you that he was in bed ?—They did. 31. What took place after that?— Well, they tried to make out first that I was drunk. 32. Who made that charge?— Constable Kemp. He, I might mention, was policeman in charge when we arrived at the police-station. 33. No doubt most of the conversation was conducted on their part by Constable Kemp? — Yes. 34. Did Constable Kemp assert that you were drunk ?—He did. 35. Once, or more than ohce ? —Several times. 36. What was your reply to that accusation ?—This was within half an hour after what had occurred. I told them what I wanted. 37. What other conversation took place? —After a lot of " barney," the result of the thing was that they in the long-run admitted that they had exceeded their duty, and Constable Durbridge said that he was grateful to us for accepting his apology, as he knew that if the charge was proved it meant his dismissal, and he apologized to me, and we shook hands, and as far as I was concerned, of course, the matter dropped. 38. As a matter of fact, it was not at your instigation that you gave any information in respect to this matter ? —lt was not. 39. When Inspector Macdonell applied to you for information you wrote him a letter, dated the 16th February, 1902, in which you said that under other conditions you would have been pleased to give him information, but the constable having made the apology you felt that in honour you could not give evidence against him ?—That is so. 40. Now, to my mind it is almost of as great importance as the assault 'the suggestion that you were drunk. Was there any truth in the statement that you were intoxicated that night ?— None whatever. 41. Your father can prove that people saw you ?—After the occurrence? Yes, quite a number of persons, and several of the young persons who were in it. 42. You might pledge your oath that there was no truth in the statement that you were under the influence of liquor?—l do. I had had one or two drinks during the evening, but I was strictly sober. 43. Mr. Herdman.] What had you been doing that night? Where had you been ?—I had been round the town. 44. All the evening?— All the time I was out. 45. When did you go out ? —About half-past 7 or half-past 8. 46. From 7.30 p.m. to 12.30 you were about the town all night ?—Yes. 47. In whose company?—ln the company of the two friends I mentioned and several others. 48. What were you doing?— Just strolling round the town, and we had one or two drinks. 49. How many did you have ?—Four or five. 50. Where ?—I do not like to say where I had them. 51. How many different hotels did you visit that night ?—Well, two or three. 52. Will you swear that you had not more than four drinks that night? 53. You might have had more than four drinks ?—I might have had. 54. How many drinks had you ? 55. Now, I suppose on the Christmas Eve it is customary for young persons to go about the town, and it is generally a jolly occasion : is that not the case ?—Not always. 56. Well, you are not sure how many drinks you had that night. You might have had six or seven ?—I think I had, but I will not swear to the exact number of drinks I had. 57. Will you swear that you did not have six or seven drinks that night ? —I will swear that I did not have more than seven that night. 58. Will you tell me what drink you had?—l really could not say—porter-gaffs or shandies. 59. Did you have any whisky ?—I did not. I confined myself to malt liquors. 60. After you bad been strolling about the town all the evening and had a number of drinks I suppose you were in a jolly frame of mind?—l was. 61. You were going home in quite a respectable way ?—I was going from the supper-rooms ; we had not obtained any supper there, and we were going from there to Hurley Bros.' 62. Had not the drink any influence on you ?—No. 63. What made you stay out to that late hour of night ? Cannot you give any reason ? Were you out for a jollification that night ? —No, I was not. 64. What were you out for ?—For pleasure. 65. You cannot give me any reasonable answer for your being out between 7.30 and 12.30? Is not that a late hour for going home ?—I do not think so. 66. When you came over the street you saw a disturbance outside these tea-rooms. You saw a disturbance on the other side of the street ?—Yes. 67. Did you rush over ? —No; we walked over. 68. Who went with you ?—Daniell and Hamilton.