I.—lα.

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[\V. J. BANNEHE.

with Durbridge. You say that Durbridge knocked you down after you got up : are you sure that you and Daniell did not close with Durbridge, and that it was on account of that that he threw you over his shoulder?— After he knocked me down I got up and hit at him with my stick. Whether I hit him or not lam not sure. He closed with me when I was in the air. I sang out to the other fellows to see me through, and Daniell was the only one who did it. He came up, and I was on the ground before he got near Durbridge. Of course, I could not see. 286. You think that you and Daniell did not rush at him immediately you got up and get hold of him. You are positive you did not get hold of him ?—Yes. 287. You only hit at him with the stick ? —Yes. 288. You did not get hold of him at all ?—No, only when I was going over his shoulder. 289. Did he, after he had thrown you over his shoulder, attempt to pick you up—you would go down with a good thump and the ground would be pretty hard; it -would wind you rather than stun you ? —To the best of my belief I fell on my head. 290. Did he attempt to pick you up ?—No. 291. He did not care whether your head was split or not; he just left you alone ? —Yes. 292. And when you and Daniell and your father went to the station you are sure that, instead of your father convincing Durbridge that he was wrong, Durbridge did not convince your father that you were wrong ?—I am quite convinced that Durbridge was convinced that he was wrong, and that I accepted an apology. 293. It was not mutual apologies on both sides ?—No. 294. There was only an apology from Durbridge ?—Yes. 295. There was no apology from yourself?—No, nothing whatever. 296. I suppose these beers that you had were the usual Nelson threepenny beers ?—Yes. 297. You did not have it out of a pewter?—No, I did not. 298. You would not get a half-pint, then ?—No; to the best of my belief I was drinking shandy-gaffs. 299. It was all local beer—ginger-beer and the beer ?—Yes. 300. And it is not very strong ? —That is so. 301. Had these other friends of yours been with you the whole evening?—No; both of them were working until pretty late. 302. They had not been with you the whole time ?—No. 303. Is it an unusual thing, or is it the usual thing, for people in Nelson to keep early hours ? I mean the general run of people ? —Not on Christmas Eve. But as «, rule they keep fairly early hours. 304. I suppose you have been in Nelson a good long while ?—All my life. 305. You are a native of Nelson ?—I am. 306. You are quite positive now about that statement made in connection with Durbridge's reply—in taking an apology. You say that he thanked you for it ? —He expressed his gratitude for taking it the way we had. 307. And he made some statement about his temper ?—He stated that his temper had got him into more than one scrape. 308. Mr. Skerrett.] In answer to a question put by one member of the Committee as to how many drinks you could stand and yet remain sober you said something under a hundred. That was meant facetiously ? Your remark was not serious ?—No. 309. And it goes down on the notes, and, like Mark Twain's, the joke ought to be labelled ?— Yes. 310. The Chairman.] Are you quite certain that you were not spoiling that night for a row ? — No, I was not. 311. Are you a footballer? —I am. Claude Albert Nelson Hamilton examined. (No. 12.) 312. The Chairman.} What is your name? —Claude Albert Nelson Hamilton. 313. Mr. Skerrett.} Where do you reside?—At Nelson. 314 And what are you? —A salesman at Buxton and Co.'s. 315. Do you remember last Christmas Eve ?—Yes. 316. Do you remember at what time of the night you met young Bannehr?—That I cannot say exactly. 317. About what time did you meet him ? —Somewhere between 10 and 11 p.m. 318. Were you working that night ?—Yes. 319. Up to what time?— Until about 9.30 p.m. 320. Do you remember going to some supper-rooms with him ?—Yes. 321. Who were the members of the party ?—Bannehr, Danieil, myself, and some one else. 322. Were any of the party under the influence of drink ?—No, not under the influence of drink. 323. Was Bannehr at all under the influence of drink ? —No. 324. Had you been into any hotels with him ?—Yes. 325. How many ?—Two. 326. Which were they ? —The Exchange and the Wakatu. 327. And how many drinks did you have each in those hotels ?—About three, I think. 328. Do you remember what Bannehr was drinking? —That I cannot say. 329. Can you be positive that Bannehr was not under the influence of drink?— Yes. 330. Was he himself by his actions and his conduct ?—Yes. 331. Well, you came out of the supper-rooms ?—Yes.