SUPREME COURT.

Dominion, Volume 2, Issue 600, 31 August 1909, Page 9

SUPREME COURT.

JAMES HEMINGWAY AS A WITNESS IN ■':''../ . THEWIMSETT CASE. DUEL' OF QUESTION AND ANSWER.' "-:''. The trial of Arthur Frederick Wimsett, who Is alleged to have aided James Hemingway in ■ the burglary of tho parcels post office on January 11 last,- occupied the Supreme Court all day yesterday. In tho morning, a fresh, jury 'was sworn in to hear otfier criminal.and civil cases during, tho week, and the new jurors wore discharged until this morning. Tho jury .empanelled du Friday to'hear this 'caso.' comprised:—Walter Henry Honour (fore~man), Thomas Gibson, Francis Lewis Matthews, John M'Laren, Albert William Kolla- ' way, Josapti James Mooro, Frederick Edwards, John Lovy, 'Walter Cole, Willianrßoll, William Slater, and Patrick Francis.Sexton. ■Mr.-.Hislop"(who, with Mr. Petheriok, con-du■•■U-j . th-s defcrioc) continued his cross-esami-'-n. ■'. "of. Jarnos Hemingway. /.-'■' igway .stated that Wimsett -gave him tht- > .»/ of tho" parcels safe, from which ho made impressions in sealing-wis, in r- back bedroom at,-Wimsett's house. Ho could not remember the conversation which took placo when Wimsett handed over tho key. Eis Honour '-'(Mr. 1 Justice' Chapman) urged' witness' to endeavour' to remember what was said. ' The occasion was surely remarkable enough to make an impression on tho memory. ' Mr. • Hislop: What took placo ?-"I asked WimsEtt.for his key for the purpose of making impressions,: and he gave it to me." Was ho willing or reluctant?— Ho was^qmto • willing." '.*■ ■ '■ ' ' .-Right-off, as if it wore'an everyday occurrence?—"He might have said something, I do not remember." ■. -.'•,':■■''. ■- ' .- Where was tho-sealing-wax?—"l had it in my -room." -~ Where did you..g'et dt?-"I got it at Wimsett's.' ■': Ho had it "in his kitchen, about a pound of.it, which ho brought home from the post office." . • ,-. ~ ~ „ ' fla "was'doing a little stealing himself, then? .—"He might have been doing so." How long had the sealing-wax been there?— "I don't know."

A weak .'—"Maybe." A month?—" Perhaps." ■ - ■ , What is the'l.imitr'—"Twelve months." Mr. Hislop: Now, you are trifling. How long was it?-r"£-had seen it. there for a' day or two. - I:thiiili I remember tho'day be brought it' home." x After .further interrogation regarding tho keys, Mr: Hislop asked if-it was not a: fact that, in' Snaking a statement to the detectives, he ; said: "I' am here (in gaol) for five solid.years,,. and you and /Wimsett helped ;.tb give it me." . ' '.. . _-. "I may have said-that,' replied-Heming-way. . . . - •' '■ v. And didi yon say to Mrs.' Wimsett; that "Arthmy with his .lolig tongue, had told' Detective Lewis that you were.in'-Sydney." Did you say that?—"l don't, know that I'said that." Something liko'it?— 1 "I don't think so." His Honour: Did you say anything about his long tongue?—" Yes, sir." . ■ , : Mr. Hislop: Do you remember that Mrs. .Wimsett said to you i "What 'nonsense, you are talking! We never suspected "you"?— "It is a' very funny thing." responded the witness, "that .they , go and' tell "my people about it as-.soon as they come back from Sydney, about'the end of January."' - ' Do you-remember Mrs. Wimsett saying to you, "What an awful.thing to do! -Why;do yon want to injure uj, who have been- so kind to vou?"—"She did say something like that, sir." ' , And did yon reply: '.'Look here, Mrs. wimsett,.! have been up hero for threo months,' and I have got five years to"do; That makes a difference"?—" Not exaotly thoso words. That mifht have' been the' sentiment, expressed." And also—Did you not say "I am going into the . box to help to give Arthur five years. Hohelped to give it to/me"?—"lt was not ex-, actly that, sir." . ' ' ■ His Honour: "Was it:sqmething like that? —"It may ; have been something like that. I did not say I was going to help,to give him five years," : Examination-was tnrncd / to the matter of the arrangements .alleged; to have been mado between',tho accused, and witness. -In;, reply to the opening question, -.Hemingway remarked, J "He (Wimsett) said ho had not been very well treated." * . ■ ''■ - "

. Something new?—'"Xcs,fl>sir.\* some, moro In-.a. minute,*. Ho 'also said Ji'e'h'ad not been very well treated over tho fire. Tliero was/som'o money shared out over tho fire. Some' of " tho Post and Telegraph Eifles got money a ?ort = of'. bonus,-. qmU-'he -reokoncd, they ,should all have been, treated alike, cr. no. bonuses 'at all. Thou-again, when he 'was suspended, ho reckoned, he was ~ still further -badly treated by tho Department, and we had conversations, about it. I thought, as he eeenied to be .'discontented, ho might fall in with', my, ideajo/.burglp.the post office."- ... , "Of course/' said Mr. -Hislop,. ''this liia'y be. all/ very }nica- for your malicious purposes to tell us all this, but.it,has nothing whatever to do with, iny. ( question.. -My question was: 'What was the verbal', understanding' between him and 'you ??>There v k r ho doubt that this is all part of your purpose to damage him."— "There was. .'a.' verbal ; understanding.- that I • should burglovthe'post office.'/ . ' What- share'.Uv'as, he.'to';get?— I "There' was no nnderstsndirig' as.'to tho.-proportion ho. should get." . ' . : What was tho "estimated'amonnt said ono night thero Was, «S2S,ODO there,, but of course the. amounts.-.vary.. We' did not know what wer were likely' to-"get;out'of it:" "And wero you. fool enough." 'continued Mr. Hislop, "to believe that .£28,000 could bo burgled and not '.followed up?"—'"Yes, sir." , • Mr..Hislop':-I-'want.'to know why you were satisfied- with a few notes !from a small plaoo like Wainiate?—"Well, I-will tell ;you. I thought It quite possible one of tho nights that I went- in, to examine' the safe that I might be ■ seen,'that' there' rtight be a *fire, or that they might shift to another building, 6o I thought it best to take them whilo I. had the'chance, and trust to my luck, to got-, ting a fairly largo amount." •;>. He never told' yon what there. was in the safe ?—'"One night be told nib there was a parcel in the .safo addressed to, Littlejohn's, insured foi. about iC9O." .'

The witness stated- also that, whilo in Australia, he wrote ,to .his mother that. unless Wimsett "kept his tongue quiet" they would both gct'into trowble. .'•'.' "Bid you hav6 n revolver?" asked Mr. Hislop.—"Yes/.' replied Hemingway.: ' . And when Wiinsett'was there, yon pointed It at your head, complaining of pains, as' the lesult of .the'fever you had in South Africa ?— "I ddn't'remember." .'■'■'■. '■ . . '.'.•■ • ■ ■' And after, that, they let yon remain on longer-than '.you; had intended ?—"Perhaps they thought ine fit for the madhouse." Cross-cxaminution. was not - concluded when tho Court rose • for tho day.