[W SYMES.

50

1.—14

70 Now Mr Symes, I understand that you had no arrangement of any sort or kind between yourself and the executors of Lysaght's estate for the payment of commissi on.-Non ewh atever 71 But they asked you to collect the amount from the Government?— Through Mi Johnston 72. After the amount had been appropriated by Parliament, through Mr Johnston 7™ "ghtiy or wrongly felt yourself entitled to charge them ordinary commission for collecting ?-I only charged them half the ordinary rate. 73 And you sent in an account to the executors in the usual way <— Yes. 74' Now I want you to be kind enough to refer to the letter dated 20th April 1906, from your elf to the executors of the Lysaght estate. I only want to call your attention to two sentences L tha letter The first sentence is? " And although you have long since received the amount of your cam £347 ss. 4d., my small but just claim of £17 7s. 3d. sent you a month ago has so far leen ignored '' I want to make it quite clear to the Committee that those moneys had been really received by the lessees before you made any claim for commission ?—Yes, that is so. 75 And in your letter you speak of this claim as a just demand?— Yes. 76 Now I'want to ask you to refer to another paragraph in the letter which reads as follow!' *<My businessis land, insurance, and general agency, and I cannot afford to work for notfainV- and as I have rendered the service and incurred expense in successfully getting refunded to you £347 5s 4d which you had long ago written off as irrecoverable I expect my claim to be laid So to Messrs. P Wilson and T. Frere are the only lessees who have paid my claim and Thanked me for getting a refund of money they had long ago given up. as past recovery I shall Wladl oTa cheque by return post." You will see that that passage, it may be suggested refers £me work of presenting and promoting the petition rather than to the work of. mere collect on of the Toney from tte Tfeasur/?-!! had nothing whatever to do with the presenting of it or the prosecution of the petition whatever—not m any way 77 You say the charge was limited?— Yes, to the collection only 78. What was the total sum you received in collection ?-Well, I think the total sum was SOm l h 9 in NoT d i r wfnt o °you to be kind enough to refer to a letter dated 28th July, 1906 [Exhibit F]_ 1 11 t letter' voToress the justice of your claim upon the estate, but there is a passage which I In that letter you press the.justice.o y <( f ur Qwn daim ig not yet d> T i that P of your brotLr M? FLysaght, and I hold the key of the position. I alone have neither is that of ur J™™ r if r 7 ' w ill know how to use it. You have treated me all the. information and at *he lessees to whom T sent a claim with discourtesy but for those lessees who did not sign the last one, have paid cheerfully lam s P*f" lo h ungentlemanlv conduct shall be fOT P 7d D b a y keeptoj your name " What did you mean, by saying I hai so far as I knew, all the information in conneCtin B°o bating totne different payments, and the. amounts paid in respect to the arbitration fowl That is so lam certain no other lessee had it. 8T Was this letter meant in any sense as a threat to withhold your influence as a member of Parliament towards the recovery by Mr Lysaght of the moneys w-hich he was fairly entitled ° '~Mr Myers My friend is putting rather a leading question. Mr fktZT Itt'impossible to put, the question in any other way Surely the witness is entitled to state the motive with which he- wrote the letter The Chairman: Yes. £" What I want you to explain to the Committee, is this: It has been suggested that the words " I hold the key of the position " refer to your position as a membe o rpariilment?-Nothing whatever to do with it. It was not as a member of Parliament that 1 ha B3 tb What° r d"d at it n refer to?-Simply that I had the information that would enable the Committee if a petition were presented, to come to a decision, because there was no shorthand report But d? yt not tnt 28th July, 1906 after the principle of the claims had been admitted by Parliament and by the Government. Is not that so?YeS ' It 7 would naturally follow that the others would be entitled too, and you had all the information which would enable them to prove it to the Treasury ?—Yes. 86. Was not that so? Mr Myers: Surely my friend is going too far ? The Chairman: Yes, really, Mr. Skerrett, you are suggesting the answer to the witness. Mr Fraser: Mr. Skerrett must know that it is not right to put a question like that. Mr. Skerrett: I am desirous of presenting the matter to Mr Symes s mind as the thing presents itself to me. Mr Myers Well, that is hardly fair Mr Skerrett: Well, I will put it this way: I am desirous of presenting the matter as the thing is fairly presentable. Does that satisfy the Committee? I will pass on from the subject . Mr. Fraser. I think it is what is Mr. Symes's view that the Committee wants—not what is Mr Th7Chairman: It rather takes the form of a leading question, Mr Skerrett,