W. J. BANNEHR.I

73

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Inspector Macdone.ll said he thought the witness was speaking conscientiously, and he (the Inspector) thought he could give the Committee an explanation of the matter. 242. Mr. Skerrett.} Mr. Bannehr, I understand that the observation that you made—" What the devil is the row about?" —was not addressed" to the constable, but addressed to the crowd, among whom were some of your acquaintances ?—Yes. 243. Do you say positively that you did not address this observation to either of the constables ?—I do. 244. Now, you are not in any sense a prosecutor in this matter ? You have not brought this charge forward ? —I have not. 245. You have no desire to colour your evidence against the constable?—l have not. 246. What I want to know is this : Do you say positively that you made no act or sign to give Durbridge to understand that you intended to interfere with him in the course of his duty? —I did not. 247. Whether you were drunk or sober you did not do anything to justify him in assaulting you ? —That is right. 248. Can you see the merit of assaulting a drunken man if he is not interfering in the matter? —There is nothing in it, of course. 249. You went straight home to your father ?—Yes. 250. You were living with your father at the time ? —Yes. 251. Do you think it wise, and indeed proper, that you should communicate with your father before taking any step in this matter ? —Knowing that I had justice on my part, and knowing that he had more experience than I had, I deemed it the best course fo take. 252. Would you have been justified in taking any step in this matter without consulting with your father ?—No, certainly not. 253. It is suggested that this was unmanly on your part ? —No, it was not. 254. Then after going home you went straight down to the police-station ?—Yes. 255. Now, you requested to see the sergeant there ? —Yes. 256. Did you inform those constables in charge of the police-station that you desired to complain of an assault by one of them on yourself ? —I would not be sure; they, of course, knew what the trouble was. 257. Did you give them to understand that you requested to see Sergeant Mackay?—Yes. 258. And you gave them to understand that you wanted to make a complaint to the sergeant 'about Constable Durbridge ?—Yes. 259. In the face of that fact do you say that the constables declined to call the sergeant ? — They did. Their words were that unless it was some very important charge they would not call him. 260. Apparently an accusation of that sort was not of sufficient importance?— Yes. 261. You say that you had no conversation with Inspector Macdonell with regard to this matter ? —No. 262. Have you had any conversation with any one, then, with regard to your evidence ?— Well, I have, of course, talked the thing over with Daniell. 263. I mean with any one here ? —No, with no one here. 264. You have not even seen your answers to the questions at the inquiry ? —No, I have not. 265. After this assault was your jaw sore? —Yes. 266. For how many days? —Oh, three or four days. 267. And did you feel any ill effects from the fall ?—Well, at the time it partially stunned me, I think. 268. I mean the next day?—Oh, no. 269. Inspector Macdonell saw you. Do you remember if he took a note of your evidence ? — I do not think he did. 270. Now, Mr. Hall-Jones read you a precis of what you would be able to say, and which was given by Inspector Macdonell to the Commissioner of Police. In substance, you say that is true ? —Yes. 271. You say you did not say you could hardly eat anything for a week from a pain in your jaw ?—No. 272. As a matter of fact, the jaw was sore ? —Yes. 273. And a man with a sore jaw does not eat without an effort?— Yes. 274. This statement is not very far from the truth, then ?—No. 275. It is just a little coloured ?—Yes. 276. It is suggested now for the first time that you apologized to Constable Durbridge?—Oh ! 277. When you wrote the letter of the 16th February, 1902, you must have been under a misapprehension ? —I was. 278. You say in your letter to Inspector Macdonell, " Under other conditions I would have been pleased to give you any information, but having accepted an apology I feel that I cannot in honour consent to give evidence " ?—That is so. 279. It was you who received the apology, and not you who gave it. You must have been under that impression? —That is so. 280. There are a number of witnesses who saw this matter?— Yes. 281. You formed the opinion that it would be better to accept an apology?— Yes. 282. Now, you may have been wrong in that judgment ?—Yes. 283. But, at any rate, that was the conclusion you arrived at, and that is the conclusion you acted upon ?—Yes. 284. And you have no desire whatever to bring this matter to light again ?—Oh, certainly not. 285. The Chairman.] Are you sure now that in this assault you and Daniell did not close 10—I. U.