THE INQUEST.

Otago Witness, Issue 2317, 28 July 1898, Page 19

THE INQUEST.

The inquest into the circumstances attending the death of James Kennedy Scott commenced at, the Rangalira Hotel, Karaka, ati 11 o'clock this morning before Mr J. Booth, S.M., coroner.

Charles Jackson, nephew of the deceased, deposed that he had been in his uncle's employment for five years, and had been living at Motu with him for nearly three months. He had not worked for wages. His uncle had paid his passage from England. The conditions under which he worked were that he was to get 200 acres cleared and fenced out of the 1000 acres which his uncle held when the 1000 acres were cleared and fenced.

Sergeant Black : Have you not had a disagreement with your uncle over this 200 acres of land ? — Witness : Never. Never.

You have never told anyone that yon had disagreements over the land? — No.

Are you certain? — I am certain

Continuing, Witness stated that he and his uncle had been on the best of terms. His uncle never Lad a disagreement with any men working for him respecting their wages. Ho left his uncle at 20 past 1 on Wednesday afternoon, when he (witness) went to look after some sheep. His uncle had told him he intended going to see some cattle three miles away. When witness returned his uncle had not returned, and he did not return that night. Witness cooesd for him several times during tho evening. His uncle had never stopped out late at night or all night since he came to Motu without witness being with him.

Sergeant Black : Were you not surprised when he did not come back? — Witness: In one way I was, and in another way I was not, as 1 thought he might have been detained on account of a cow which was near calving.

Continuing, Witness said : Another reason he did not go in search of his uncle was that lie thought lie was staying at Smith's. Next morning witness went along the track towards M'Cullough's section in the direction his uncle would bave taken.

Asked why he did not go into Smith's place, which was on the route, witness replied : Tbat is -nhere I made the mistake, and I did not see it till afterwards. Witness, continuing, stated that he had passed Smith's place about a mile and a-half when he came to some broken scrub. He had seen Smith as he passed, but had not spoken to him. His reason for not speaking lo him was that when his uncle told Smith that he intended putting his cattle on M'Cullough's section he (Smith) did not like it. Witness had no reason to believe that iii« uncle and Smith had any unpleasantness over the matter. Witness went into the broken scrub and found his uncle dead. He then went back and told Smith. He did not tell Smith there was a hole in deceased's face, because he thought it had been caused by rats, and did not then know it had been caused by a gunshot. Witness's gun was in the whare. lie had not fired it for three months, and one barrel was rusty. 'Ihe inquiry is not expected to conclude till late to-night, and was proceeding when the telegraph oflice closed.

The Victorian Defence department is selling Martini-Henry rifl°s st 11s 6d each, to make wsy for the Martini-Eufields.

An interesting case was argued in Banco at Auckland on Friday in the matter of the conBtruction of the will of Charles Jeffs, who by his will " left all his real and personal property to his wife, and after her death to be divided equally among his three children." Mr Jrckson Palmer and Mr E. W. Barton, who appeared for the parties, contended that thi3 gare all the real estate, each »b land, &c , to the wife for her life only, and after her 'death to her children, bub that »s to the personal property, such as money, Sic, that belonged to the wife absolutely, and the children took no estate in that p«b of the property whuteter. Mr Justice Oonolly upheld this contention* and made ad order accordingly.