I.—lα.

76

[C. A. N. HAMILTON.

382. How far away is it from the scene of the row ?—About three-quarters of a mile, I should say. 383. Mr. Bannehr was at home ?—Yes. 384. Do you know whether he was in bed? —I do not think he was. 385. Did you tell Mr. Bannehr the story?— Yes. 386. And from there where did you go ?—Down to the police-station. 387. How far would that be from Mr. Bannehr's house?— About half a mile, I should think. 388. Who was with you?—Daniell, Mr. Bannehr, and myself. 389. And young Bannehr, of course ?—-Yes. 390. Who did you see at the police-station ?—Constables Durbridge and Kemp. 391. Now, who acted as spokesman for what I may call your party ? —-Well, Mr. Bannehr, sen., explained. 392. Whom did Mr. Bannehr ask for?—He asked for Sergeant Mackay. 393. Whom did he address—which of the constables, or did he address both?— Well, they were both together. 394. Did Mr. Bannehr, sen., say why he wanted to see Sergeant Mackay?—l do not think he did so at first. 395. What did they say when he asked to see Sergeant Mackay ?—They said he was in bed. They said it was rather late to see him. Then they asked him (Mr. Bannehr) what it was about, and said they thought it was about this row. 396. What did Mr. Bannehr then sa.y ?—He told them it was. 397. What took place then? —Then they began talking, and Mr. Bannehr asked them to apologize. 398. Then they began talking about this row, and a good general discussion took place ?— Yes. 399. What statement did the constables make ?—Well, they denied some of it. 400. What did they deny ? —They said that Bannehr struck out first at Durbridge before Durbridge pushed him. 401. Did Durbridge deny having struck Bannehr?—No, I do not think so. 402. Did the constables say anything at all as to Bannehr's condition—as to his condition of sobriety, and so on?— Well, they said he must have been intoxicated from the way he went on. 403. Who said that, do you remember?—l think it was Constable Kemp. 404. Is your recollection that Constable Kemp said he was intoxicated, or only that he must have been intoxicated from the way he went on ?—They said, the way he was talking down there. They said he said, "What in the hell is wrong here? " 405. From that talk they thought he must have been intoxicated ?—Yes. 406. They did not charge him with being intoxicated, only that he must have been intoxicated from his conduct ?—Yes. 407. Did Bannehr deny that he struck or made .any motion towards Durbridge before Durbridge struck him ?—Yes, he did. 408. Well, now, who mentioned the apology first, do you remember ? —I cannot say. 409. Was the apology mentioned ?—Yes, I think it was. 410. What happened about the apology ?—Well, they were not going to apologize at first. Well, then, after that Durbridge and Kemp both went into a room. 411..Apart? —Yes. And then Mr. Bannehr went into the room, and then young Bannehr, I think, was the next to go in, and then they apologized to him. 412. You were not in the room, and you did not know what took place?— That is so. 413. Was anything said about the apology upon their returning to the room ?—I think we all went out together. Durbridge and Kemp did not come into the room before we went out. 414. What was actually said as to the apology was said in a room in which probably Kemp, Durbridge, and the two Bannehrs were present ?—Yes. 415. You do not know what was said except what was told to you ? —Yes. 416. Mr. Hamilton, did either of the constables suggest before they went into the room, apart from yourself, that young Bannehr ought to apologize to them ?—I believe they did say something about it. 417. And what did young Bannehr say?—l think he said that he had nothing to apologize for, or words something like that. Ido not know. 418. Were you told immediately after leaving the police-station what took place ? Were you told by the Bannehrs what took place in the room ? Were you told something of what took place ? —Yes. 419. Immediately afterwards ?—After we left the building. 420. You are quite sure that young Bannehr said that he had nothing to apologize for at that interview ? —-Well, he said something like that, I think. 421. You were quite sober, at any rate?— Yes. 422. And you have no grudge, I suppose, against either of the constables ?—-No. 423. And I do not think you have been seen by any one as to your evidence within the last two or three days : has any one connected with the police seen you?-—No. 424. I have not seen you myself ?—No. 425. It is of some little importance that you should tell me whether you think there was any truth in Durbridge's statement that young Bannehr struck at him or struck him before he (Durbridge) hit him ?—No, I did not see anything of that at all. 426. Mr. Herdman.] You have known young Bannehr for some considerable time ? —Yes. 427. You have been on intimate terms with him ?—Yes. 428. For how many years? —I have known him for about ten years, I expect.