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E. G. DANIELL.]

81

I.—lα.

616. Did you interfere ?—I caught hold of Durbridge's arm. 617. How ?—I caught him by the arm. 618. Was that before he (Bannehr) was thrown ?—Yes. 619. In spite of your interference he threw Bannehr over his shoulder on to the ground?;— Yes. 620. Now, you helped Bannehr up ? —Yes. 621. What became of Durbridge after he had thrown him ?—He stood there; I did not hear him say anything. 622. You had not been into any hotels after you left work? —No. 623. Now, was Bannehr sober? —Oh, yes, perfectly sober. 624. Do you assure the Committee with certainty that Bannehr was quite sober and not under the influence of drink ?—Yes, certainly. 625. Could you say the same of Hamilton?— Yes. 626. And you yourself were quite sober ?—Yes. 627. Now, have you any " down " upon Constable Durbridge?—No; I have not spoken to him or had anything to do with him. 628. You have not had anything to do with him since?— No. 629. He is a footballer, and a pretty good one ?—Yes ; but I have never seen him play. 630. You proceeded with young Bannehr and Hamilton to Mr. Bannehr's house?—-Yes. 631. Did young Bannehr walk all the way? —Yes. 632. And from there to the police-station?— Yes. 633. The three of you ?—Yes, the four of us. 634. When you went to the police-station did Mr. Bannehr ask for Sergeant Mackay ?—Yes. 635. Whom did he ask ?—Constable Kemp. 636. Was Constable Durbridge present ?—No. 637. Did he come in later on ? 638. What did Constable Kemp say ?—He said he thought he was in bed, and asked was it necessary to wake him. 639. Tell us what you recollect of the conversation at the police-station ?—-Well, Mr. Bannehr, of course, asked for the sergeant. Constable Kemp said he was in bed, and asked was it necessary to wake him. Mr. Bannehr said it was, and then he (Constable Kemp) said, " I suppose you are in about that affair of your son's, Mr. Bannehr? " 640. Had Constable Durbridge come into the room by this time ?—No. 641. Well, proceed ?—Then Constable Kemp said, "Well, Mr. Bannehr, I was there and saw it," and he started to explain his part of the programme —what he had seen and what he thought of the affair—and said, " Either your son was very much under the influence of liquor or very much excited." 642. Do you remember which he said?— Either under the influence of liquor or very much excited. 643. Well, proceed? —Well, I really forget what he did say. It is some time ago. 644. What next took place ?—Then, I think, Constable Durbridge came in. 645. Did Mr. Bannehr tell young Mr. Bannehr's story of what took place?— Not then, I think. 646. Go on with the story, then. You say Constable Durbridge then came in?—-I think Constable Durbridge came in then. 647. You say Constable Kent gave his account of the matter? —Yes. 648. Did Constable Kemp deny that Constable Durbridge had hit Bannehr?—l do not think so. 649. Do you remember what excuse Kemp gave for Durbridge striking Bannehr?—That Bannehr was interfering with the police duty. 650. He gave that as an excuse for Durbridge striking him (Bannehr) ?—Yes. 651. What did he say Bannehr did? What was. the character of the interference for which he said Bannehr had been struck ?—I do not know exactly now what he did say. 652. Did Bannehr deny that he had interfered in any way with the police? —Yes, I think so. 653. Was an apology mentioned ?—Yes. 654. By whom ? —By Mr. Bannehr. He said he would accept the apology. 655. What did, the constable say?—He said he would not apologize. 656. Did either of the constables suggest that young Bannehr ought to apologize ?—Yes, I believe they did. 657. What did young Bannehr say to that?—" Certainly not," that he would not apologize. 658. What took place then ? Did the constables leave the room ?—Yes. 659. Both of them ?—Yes ; and they had a little conference amongst themselves. 660. And did they send for Mr. Bannehr, sen. ?—Yes. 661. And then afterwards for Mr. Bannehr, jun. ? —Yes. 662. And after that conference you all left to go ?—Yes. 663. Are you quite satisfied that young Bannehr made no motion to hit Durbridge with the stick before Durbridge hit him in the jaw?— Yes, perfectly so. 664. The Chairman.'] Did you see the constables after the Bannehrs and the constables had adjourned to some other room ? Did you see them that night ? Did you see them immediately after ?—No. 665. They did not come out with the Bannehrs? —No. 666. Mr. Herdman.] Are you on intimate terms with Bannehr ?—Yes, 667. And you have been for some time ? —Yes. 11—I. lα.

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