THE KEMP MEMORIAL.

SUPREME COURT CASE CONTINUED.

EVIDENCE FOll THE DEFENCE.

JUDGMENT FOR PLAINTIFF

Following is the concluding evidence in the above case, heard at Palmerston North before Mr Justice Chapman, in which Frank Harris and Co. —in liquidation —stonemasons, and their liquidator (John Gifford Rest-ell, accountant, of Auckland), claimed from Rora Hakarain, a native woman, of Levin, and sister of tho late Major Kemp, the sum of £GOG p.g the balance due for the erection of the* Kemp memorial at Wangauui. Tho defendant counter claimed £"iSO for a refund cf moneys paid. Mr Myers and Mr Fitzherbert appeared for p'ai'itiffs, and Mr Lo-ughn-an for the defeu daiit.

William L. Morrison, sculptor and .artist, stated that ho had been through «i tnorough course m sculpture., including anatomy, and had been practising hi.s profession for about forty years. Ec had inspected the Kemp statue, in company with an assistant, who took measurements. His impression was that it was what he would expect a. boy to prep-are on the sth of November for a Guy Fiawkes. (Sm:les). Tho proportions of a. figure in statuary wore set ■onl in the text books. The sculptor would conceive his design 'arid put it on paper, but ho would know the proportions of tho figure. From tho measurements the witness had taken, the person who constructed the Kemp Gtatue did not know the proportions of a human figure. For a sft lOin figure, buo.li as this, tho height of the head should ho B'lin instead of 10] in, as was tho caso hero- Tho legs of the figure from the ki'ix1 c'.owinwwds •wore- like cyjlindei'G or drain pipes. There was not a particle of likeness between the photographs and the statue. A reasonable statue of 'Major Kemp could be prtocured from £000 upwards. His first impression of the bronze plates was that of "a number of flies crawling Tip a piece of zinc," until he looked a little closer. The plates produced an absurd effect. Ho would not pass them to pourtnay battle scones. To Mr Myers: Ho har! been practising for. TO ycaijs ;?.n ,>Ne\v Zealand. Hr- would charge about £1000 for tho work. He had competed- with Homo artists, and his char^i were about the •name. Mr Myers: How much would Sir Tlimras Brofk wanf? Witness: I never e?!iad him. fllaughtcr.) Witness knew that they could grot Italian figures reasonably carved for aT.out £130, but that was more in tho ,n£\lur© of monumental work for cemeteries. The bust produced in Court was a poor production and "witness would bo sorry to do work like it. It was a weak production, and in fact it was all ; i y.ironp. No (art had been brought into !it Tho drawing and modelling were not good and it -was not like human lu-fcure. The 'nose .was too thin.. Some of the works that a boy could buy for a penny for the sth of November were better modelled than the bust on the table. * :

Mr Myers proceeded to show comparisons of the bust to his Honour.

His Honour : I won't 'conrrvwe .it with your face, Mr Myers. (Laughter.) Denis Seaward, art master of the Technical College at Wanganiii, said he had had 20 years' experience. He was a certificated art master of South Kenpington and held the Queen's prize for modelling. JEe could not refer to one part of lartistic merit in the whole statue. The figure was very crude. Most of the effort had been spent in: the wrong direction, the pedestal having l>een given, prominence before the figure. The tendency was to the figure, .which, should be the principal object. In his opinion the-figurel shmild Lave been increased to mo7:e than lifesize proportions. The arms gave, one tho impression that if they were hunsj straight down they would not be the' same length. The back of the figure locked like a, "sack on la post." The bust in court was a stone effigy pure and simple. The pose of tho etatuo was quite .artificial and not easy. He considered the method of modelling in this case was wrong from the start. He knew of young sculptors who would be glad to do the work* for £250, and "turn out a.creditable performance. To Mr Myers: The cost, £250, was for tho clay model, and the cost of carving would have to bo added. He would mot call the Ballance monument vt Wanganui a. work of art. Neither would he call the Te Awe Awe statue a work of art. He considered the work could b-? done for £1000 and made artistic. John Hellier inspected the memorial •and contended that tho stone in ths die was not .granite, and was not a stone which should have been put into the monument. Apart from the figure and the bronze he would be prepared to construct tho monument with tho lettering for £1-50. The battle scenes were not a oast, and were far too thin, and in time they might wear through. He would not pass tho plates for paviu»nt. "

Io Mr Myers: He considered tho figin o much worse than the Ballance staiuo. Witness was the contractor for the Ballance- statue at Wanganui, and also tho one in tho Parliamentary Houso RTounds. Tho two monuments cost £750.

Iv. B. V-asß, monumental sculptor, agreed with the previous witness. It was not <a fit subject to bo passed for payment. He would .ho prepared to creel the monument, minus the figure plates and .lettering, for £450. Some of the pol-shed stone was faulty and, having been taken from near the blast had cilacks which would enen in timo. ' John 11. McDonald said ho assisted JAura in her business. He had no personal interest in this matter. When ho first came into the transaction it was arranged to erect the memorial for £650 J'hc agent wanted a. deposit of £300 VV itness wanted to know what guarantee the old lady had that she would get an image of Major Kemp. The fluent Kfuu that-a model would be made int-ldv ir.r Horn s approval; and also for the approval of the witness. Witness offcroa £100 progress payment and the bs-lanco of £205 after tho model was produced and Ifco-ra and himself were .satisfied that it was a .likeness of Maior liueinpf. The agent agreed, ,and the £100 caeqiie was paid. Aberdeen graii-k-j- was stipulated. Witness and Born saw Sir James Cat-mil with a view to getting a contribution. A further £200 wa& paid later, which was a .s^ord payment promised when the £100 was pa;d. Witness was not tola about n .second contract or any addition i-i the pneo. SoniG time after this the bronze plates were mentioned. The a.o-ent r.aidho wanted .something'to put upon tho monument to distinguish who Kemp was The panels would cost about £i"0 nnd the agent stated that he had poen Rora and she mas agreeable to hav c thorn pv.Lna mc monument. Wifcne.'s undersu.'m] that tho lettering , a nd platev.ould eo.>t £150. Witness never ,ng- e cd to any further increase in pric". It was quite jiicorrcct to say that'he saw th<y '■'Usl in Palmemton Eomr> time a"-o as the first time he saw .it was three weeks ago at his house at Levin. Had iio soon tho bust ho certainly would never have passed'it. The'figure was to have been full sized and made in clay. J^e noxt_ singe of the transaction was ■Ate Harris afeking for £500 before thn Rtatuo was orcrted. Witness refused. IT- went to Wanpjanui to inspect tcp statue, and to hi s surpriso learned

that the granite was not Aberdeen. The natives appeared to be very dissatisfied. Witness on seeing the stotue, remarked '■that it was not one bit like Major Kemp." The statue had a high nose. A meeting of natives w&e hold at Putiki, and the natives were dead against passing the statue, and would not l'ecognise it as Major Kemp. Witness had known Kemp ever since ho could remember. In 1573 Kemp came down after the Hau Hau war and built a fighting pah inear witbess'p jKiretiifc;' place at ITorowhenua. Witness used to carry thte lettfcl"B ttvs tbo Maoris wero not allowed to cross over the sticnm. Witness offered to pay another £'250 to replace the statue with a bet-t-er one. Harris distinctly told witness that his company would 'have to get a proper statue made in Italy and erecied.

To Mr Myers: The native meeting at W-angaimi was called at the request of Eora. Witness asked Harris to give him the old marble statue.

Mr Myers: Oh, what for? Witness: It was better for him to take it than to throw if in the Wangamii river. In a.hundred years' time people might believo it was like Major Kemp. (Lanfilter.)

Hit. Honour: It might pass for Julius Caesar or Joshua in a hundred years hence.

Korp. TTakaria, defendant, and sister of the late Major Keinp, r-akl (>he left th-e arnangements io Mr MVT^-'vn.nld ns ?»e had every confidence in him. She saw Sir .Tames Carroll after she had paid £100, and'he agreed, that the Government should pay half the cost of th^ memorial. She understood it was to co'?t £1000. When she saw the bust at Falnvorston she said it mas quite finlike Kemp.. Another native1 and hersoli objected to the nose. She told the- agents that when the ficruro was firished in Auckland she would go and sre it. If she did not an prove- of it, it must not be erected. She told them that if it was not like Major Kemp sho would have it taken -don-n. She had no notice of arrival of the statue at Wanganui. She saw it after it was erected and saw that it was not what she wanted, and had no resemblance to Kemp. All the natives objected to it

Six issues were thori pnt to.thp iury. Counsel addressed the Court on Thursday evening, «nd

The .fury -left by the 7.10 a.m. _train vest&rday to inspect the memorial, ft sr-ecial carriage being provided. His Ffonour directed them to return to the Court nt 9 p.m., and .answer the issues put before them. THE VERDICT. On resuming ln.st even in jr. the followvi.r ,n-icn'F>r«! vripp o-ivoTi to th" is^ic-s :—■ J)itl tho defendant enter into the second nontract fnlly knowiac; to what it bn«icl > h=r?—Ys«i.

Was there an agropmont to pay £1-"0 for the letterpress?—Yrs.

Has tho plaintiff company 7;erformod it? contract to erect tho monument unde- the contract of 25th Jnlv?—Yes.

Was the £250 paid on condition that the company should be bownd by the 'receipt dated October 11th, 1911?— Yes.

Was that receipt entered into with the express or jimpili-ed authority of the plaintiff eomp.anv?—No.

Wh.at would bo the cost of replacing the figure on the footing of th© receipt of October 11—£150.

Judgment was accordingly entered for plaintiff, costs as per scale, witnesses' expenses and disbursements.

Judgment. 'on tho counter-claim was for plaintiffs in tho action, with costs as ncr scale.

RHEUMATISM. SCIATICA, LUMOAOO. From Mrs. James Ryan, 25 Ikacl-streot, Waverley, " Sydney, N.S W., 6th September, 1911-:"" "Some years ago, I had a severe attack of, sciatica. The pain, which was located chiefly in my hip 'and back, sometimes extended right down' to my ankles and feet- My genera! nealth, too, seemed to be rapidly declining, and 1 became quite disheartened as 1 tried ninny ineduuies without benefit. Ft '.vas only after great persuasion that I was induced to try Warner's Safe Cure. I have cause to he thankful that 1 did try it, for a few bottlesfnl put me right and I have had .no return of the complaint eince." .

From Mi's. A. Gascoic;ne. 110 Pasrne Vale-road, ?^loonee PDtids, Vie, ■ '22nd February, 1912.

"Rome lime since. I contracted rhsuirmtisni in iriv back and lo<»s—in fact nil over my body. Whenever a change of weather occurred, which it did very frpqijoutly, . tha pains bpcame i:it-en?o and'my'joints so stiff and sore, that I fonld hardly bear to touch them, whilst the slightest movement would increase, the aciony. My appetite was very poor and 1 became weak and barely able to mov-j about beouisa of tho weakness ami pain. I tried various remedies with very little good rrsu't. Then T was persuaded to give Warrior's Safe Cure a trial. The medicine cave mr> great relief almost immediately My appetite and strength returned n.nrl I was able to tako lon» walks and a'tend io my household duties with c-ase and comfort."

From' Mr' H Millar, 83 Brougham-st., Wooloomonloo, Sydney, N.S.W., 2nd September, 1911.

"For a" protracted period of time. 1 sufi'ered from acute I'lu-umatifm, extending from the hip to ihc ankle. 'J he violence of the pam deprived me ot sleep and sapped my strength The attacks were worse at night. I tried a mimber-of remedies to no benefit. Ultimately, my attention was directed to Warner's Safe Cure. 1 procured a bottle of the medicine and commenced to take it. I had consumed only a few botllesful of the medicine when the pains ceased entirely. I have had no touch of rheumatism since. I am now enjoying good health."

From Mrs S. Natzen, storekeeper, 30 I.m land-street. Ponsonbv. Auckland, N Z. 15th November, *1911.

"It is some years since I experienced periodical,attacks of lumbago and muscuiar rheumatisjn. I suffered greatly from severe pam and stiffness in the joints, from which I was hardly ever free I tried several remedies without being much benefited. Warner's Sale Cute was then brought under my notice. and as.everything else had failed to cuio me I decided to give that medicine a trial. I began to take {lie medicine without having much faith in it, but 1 am pleased to say that Warner's Safe Cure puve me greater and more lasting relief that all the other medicines- put together. 1 can confidently recommend Warner's Safe Cure to anyone "suffering in a similar manner."

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