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E. A. MACDONELL.

91

I.—lα.

969. Is it not a fact that Neve, Cox, and others were ? The alleged offence was committed upon the 25th October, 1901 ?—Yes, I believe so. 970. Between the 25th October, 1901, would be more than three months before February, 1902. Eemnant's about the middle of February, 1901: that would be more than three months. Then Allen and Keed's cases, two or three months prior to the 27th February, 1902 : they would be more than three months ? —Yes, I think so. 971. Then Walker's case, 9th October, 1901?— Yes. 972. Then Stapp's and Blincoe's cases, about half a year ago—half a year before February, 1902 ?—Yes. 973. Well, now, assuming that section 20 of "The Indictable Offences Summary Jurisdiction Act, 1894," has not been amended, these cases could not have been dealt with by a Magistrate?— No. 974. Therefore will you now adhere to your statement that I could have had these cases brought and inquired into?—l think so. I think it would be an extraordinary state of affairs if these men had committed assault more than three months which would be overlooked by their superior afterwards. 975. At any rate, it is according to the law and regulations ? —-1 am not sure; I would like to look into that. I think there is reference somewhere to any offences committed by members of the Force. It would be an extraordinary thing that if serious assaults were committed by members of the Force even years ago their superiors could not take notice of it. It would be a great inducement for misconduct. 976. At any rate, by the law and regulations as I have stated them here you must admit that there was no possibility of my having them inquired into ?—I submit misconduct can be inquired into independent of charges of assaults. 977. Misconduct where the police commit offences against the public or where Magistrates have clear jurisdiction will be always submitted to a local Magistrate or Bench of Magistrates unconnected with the Force?—lf it is over the time they have no jurisdiction, and therefore I think we ought to take notice of it. 978. Is that not the fault of the person who alleged that the assault was committed on him ? —Very likely. Still, Ido not think it should go unpunished for all that. If the Magistrates have no jurisdiction I think we ought to have. 979. You stated in your evidence that another man was also proved to have made a false statement, and that was Sergeant Mackay, and you have since added words in red ink, and nothing was said about it ?—I mentioned that at the time. 980. Now, what falsehood was proved against Sergeant Mackay ? —ln reference to the voucher paid to Mr. Fell. You have got all the correspondence. The voucher paid to Mr. Fell, Crown Solicitor, of Nelson. 981. That has nothing to do with this evidence at all?— No. 982. Then, what you meant by that was that he had told a falsehood in connection with some case not connected with this inquiry ?—What I meant was that a great deal was made of the falsehood, or of what was said by Constable Williams, whereas nothing was done or said to other people who did the same. 983. Did you not imply by that other falsehoods which were proved during this inquiry ? —No. 984. The falsehoods you referred to had no bearing on this ?—No. 985. You said also it was possible to have had the girls and seen—to have had their statements taken separately before they had time to put their heads together with the constables ?—Yes. 986. You made some inquiry in Nelson about that matter when you were there ?—Yes. 987. Do you not suppose these girls knew that you were making inquiries ?—No. 988. You made inquires from a sister of one of the girls, did you not ?—No. 989. From one of the girl's sisters? —I sent a private person to the sister. 990. Although you did not make the inquiry yourself you got an inquiry made through another person ?—I did. 991. Who was the person? —I do not think it is right to mention that name. 992. The fact remains that while you were in Nelson in February you did cause inquiry to be made with reference to the girls and ?—With reference to one of them. 993. It was known that you were making inquiries in Nelson : was it not known that you were making inquiries into the alleged abortion case in Nelson? —It was known I was making some inquiries. 994. And, notwithstanding that, you sent a person to Miss sister ? —I did it cautiously. 995. You do not think it could have got to the girls themselves ? —I do not think so. 996. You think, notwithstanding the inquiries you made in the middle of February, it would have been possible a fortnight later or thereabouts for some other officer to have gone over to Nelson and succeeded in getting statements from these girls without their knowing what was going on ?—I think it was quite possible and probable. 997. Notwithstanding that you had been causing inquiries to be made yourself ?—Notwithstanding that, because I took precautions not to have the thing made known as much as possible. 998. You also stated in your evidence given on the 11th that you suggested to me to send a neutral man to inquire into these matters ?—Oh, no, that is a mistake if that is there. I said I thought a neutral man should have been sent. 999. I should like to have page 5 of the evidence taken on the 11th instant produced, if possible, Mr. Chairman.

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