DEFENDANT'S CASE CONCLUDED.

Otago Witness, Issue 2650, 28 December 1904, Page 13

DEFENDANT'S CASE CONCLUDED.

CHRISTOHURCH, December 19. The hearing of the suit in which Ca-o-tain Seddon seeks to recover £1000 from

Mr John JDrayton, the Kalgoorlie- editor, who was released from, the Fremantle Gaol recent'y, has announced his intention of prccoeding against th* Speaker of the Legislat.ve Council on th©- ground of alleged inaccuracy in connection with th© issue of the warrant on vyhich he was arrested, subsequently impiisn'-cd. ■ -" '

Inquiries have been made by the Taieri .Advocate as to what has been the outcome of the recent efforts to secure a better train service. The reply is " nothing." Lord Hobhouse (Sir A. Hobhouse), whose death was announced recentlj 7 , leaves no h-eir to his barony, and the title thus be , comes extinct.

Chinese are coming to the colony in a constant stream. Last week at Auckland £1000 was paid in poll-tax by alien immigrants. A horticultural curiosity has been grown in Ashburton in the shape of throe roses on one- stem, two being bright pink and the other .nearly u'Uite.

Mr T. E. Taylor, M.H.R., for slander was resumed at the Supreme Court this morning before Mr Justice Denniston and a special jury. The attendance of the public to-day was quite as large as on the previous days. John Graham Shera, further crossexamined by Dr Findlay, said it was true what he stated on Saturday : that he was acting-lieutenant on the day of the affair. Dr Findlay : I want to give you a chance to correct yourself. Are you sure? — Witness : Yes. Dr Findlay produced the regimental order book and the regimental orders of the officer commanding the Seventh Regiment, which stated that certain non-commissioned officers of the Fourth and Fifth Contingents, including witness, were promoted to be acting-lieutenants pending the approval of the general commanding from June 5To Witness: You stated that you were acting-lieutenant on June 1? — Witness: We had instructions when we left Klerksdoro that we were to get our commissions? and we considered we were acting-lieutenants. His Honor : Do you not know as a military man that an acting-lieutenancy is a substantive rank? Where did you get your rank from? From the promise that you were going -to get a commission? From what time did your commission date? — Witness: It would date from the time it was put in the army crders. His Honor : Then what was your right to claim a commission in the meantime? — Witness : We were told we were going to be lieutenants. His Honor : You considered you, were entitled to r s ank in that capacity? — Yes, and in proof of that we took off our stripes. Dr Findlay : Your Honor has elicited all I wanted to know. To witness : The regimental order makes it June 5 when you were promoted, and on Saturday you swore that you were acting-lieutenant on June 1. ll's Honor: Lieutenant Shera has now given his reason. I do not think it is a sound one, but that is the sense in which he gave tne answer. Dr Findlay : Now, about this Dutch guide How long did he remain after you had fetched him back? — Witness: I don't know — some considerable time. I don't care how rough and ready it is, but cannot you give some idea of how long it was from tho time you joined Lockett's troop until you crossed the spruit? — It is absolutely impossible. We wiere fighting at the time, and after throe and a-half years it is impossible to say how long it took. But you volunteered an assurance to MiTaylor. Can you give us some idea?— l have already answered that it is impossible to give a correct estimate. Further pressed on this point, Witness said he did not know how long it was. It took more than half an hour. It might have been an hour or more, but he oould not say. Dr Findlay : And yet you told Mr Taylor that it took the main body probably 10 minutes to cross the spruit. Is that so? — It might have taken 10 minutes or more. Very well. Can you give me a maximum time. Might it have taken an hour? — No, it could not have taken an hour. You told Mr Taylor you were quite clear you could see the supports until they got into the vicinity of th© spruit. If the guide did not leave you for some time after you brought him back the main body must have been across the spruit by that time. Captain Whiteley has sworn the guide joined them on the wav to the spruit. Can you reconcile that? — I do not know what Captain Whiteley said. It was shortly after we started to retire with Lockett. It would not be halfway to the spruit. : You have told us that the retirement for | the first part was performed very rapidly, about 10 positions being taken up in 30 minutes. Was the remainder of the retirement quicker or slower? — It was quicker. Further questioned, Witness said he could not say how. much quicker. The rearguard action was not going on in good order all the. way. The Boers were closely. He did see as the spruit was approached the supports galloping away up the black ridge. He could not say how far the main body was up th<» ridge when he approached the spruit. He could not say whether they would be 1000 yards away. They were scattered on the ridge, and some of them might have bocn over. He had read the evidence in tho newspapers, and knew it had been stated that the main body and Captain Seddon galloped away. Dr Findlay: You knew that you are com- j pletely 'contradicted by 26 men who have boon ii» the box and deposed on oath? — ' Witness : Yes. Do you know that- amongst them were four members of the scouts? — I don't know the names of the scouts. Did you know Houston? — Yes. He swore that he saw the main body retiring at a walking pace. — Well, that is rather a ridiculous statement considering that there were 300 Boere galloping at them. — (Laughter.) As to th-e statement that he saw the main body retiring at a walking pace, is that tiue?— No. Do you know Sneedy, of thf> scouts? — Yes. Does he tell the truth in iv£.<ml to thiti!'—No. Do you know Mr QuoUili ?— Y<\=t, Ho Js the man who fought '200 Hoim\«.~ (Laughter.) In reply to further quositions, WUiUNv* said he considered Quintal's evidoiiot* Wi».*untrui\ the same as tho iv^t. j Dr Findlay: You said on Saturday that navt of what you stated was sot out iv a letter which you consulted in the interval? —Yes. J Those letters were written to your paronts? — Yos. And I suppose that in those letters to , your parents Mr John Graham Shera would frequently bo favourably mentioned? You somewhat, graphically described your own pi»rformanc<»<! and the performances of other people ?— No doubt. I suppose tho contrast was sometimes very marked between your own performances and other persons'' — It was. On ihis clay, between the performances of tho sooutis and the other body, have yon ever trpnc back on anything you have written? — No. You do not remember having to go back on any of your descrintions since you came back?— No. _Do you remember a certain youncr man, I ■will give you his name presently, who wrote the following description of an action: — " The other day I was left with the convoy in charge of 36 men to form the advance guard. All the other mounted troops moved out about 10 miles to the flank. I spotted 30 Boors on a position to the front, so I sent up my supports on either flank, and, leadine tha otuutre myself, we galloped

I the position. The Boers could not make a stand, as the flanks got a cross fire on to . ihem, and we took the ridge without any locs of life. The Boers retired back and spread out, covering a wide front. As they were reinforced by about 60 men, they now outnumbered us by about 3 to 1, but I pushed on, at the same time sending back a galloper for the guns. We took the next ridge, and then all was quiet for a while, as th& Boers replied with but little opposition. All was then quiet for about 10 minutes, when the Boers opened on to us, and I again sent back for the guns. My men held their own, but, unfortunately, some of them were hit. Five of our horses were killed, and we shot dead two Boers and seven of their horses. The guns now came up and drove the Boers off. I occupied these ridges, as. our camping ground was just behind. Major Lewis, who was in charge of the convoy, complimented me on the way I formed my advance guard and cleared the way, and so did Colonel Gray (our brigadier) when he came in at night." Do you recognise that story? — Yes. Was that young man yourself?— l did not say I shot the Boers. His Honor : You were asked if that young man was yourself? — Yes. Dr Findlay: You are the young man referred to. Is all I have read quite true? —I did not say I personally shot the Boers. -But two Boers were shot? — Yes. With that exception, all the rest was true?— Yes. Practically, then, that is a fair sample of the description of the fight you were in. in South Africa? — No. It is the description of one fight. And that is your description? — Yes. And at that time you were under 21, and had not got your commission? — I was act-ing-lieutenant. Who did you instruct to bring up the guns? — I sent some of my men back to Lieutenant Stewart, who brought up tho Maxim into action. Then j'Ou ordered him to bring up the guns into action? — Yes. What was his name and rank? — Lieutenant Stewart. You were not killed yourself? — No. I suppose this description is the kind of thing you have got to live up to when you came to New Zealand? — No, it is not. I take it you were a parti evil arly courageous young man in those days? — I never ran away from anybody. You are aware that you were treated pretty shabbily by the Government over your pay? — No, not altogether. What trouble was there about the holding of your pay? Mr Taylor: I wish to ask your Honor's ruling upon the point as to whether the plaintiff, being an ordinary civilian, is entitled to produce his State correspondence. I cannot get access to these documents. His Honor: The question is not whether you can get at them. The question is whether they can be produced. Mr Taylor : The documents about 4Vb& produced are Government documents, and the plaintiff is not here as a Government employee. His Honor: There is nothing to prevent the letters being put in. A Government document is not privileged unles3 its publication would be harmful to the State. Dr Findlay: I am not going to use State documents. Mr Taylor is reckoning 1 quite without his host this time. To the witness: You know that a sum of over £100 was claimed by you from the Government ? — Yes. It was not paid? — It has been paid. Do you know there was also a personal dispute with yours&lf with regard to your being sent to Rotorua? — We understood that when on sick pay our fares would ba paid, but the Government would not give it to me. Your father conducted some correspondence over it? — Yes, I believe he did. Did you not say that you considered Mr Seddon was adding insult to injury by not paying that money to you? — No, I don't remember. Will you swear you never used that exjjression? — I will swear that I do not remember. lam not on my trial. You know that repeated applications havo been made by you or on your behalf for an advance in rank for your performances in South Africa? — No. decidedly not. Do you know that your father has frequently emphasised your right to a further step? — No, I am not aware what j'ou mean by a step, Dr Findlay. You mean that he - has wanted me to be raised to the rank of captain. I have no knowledge of that whatever. I suppose it is in the Militia? I am quite within mv rights in wishing to be transferred from the contingent to the Militia, as I have noticed that all the other officers have been so treated, and as a matter of fact the Government has acknowledged that I should have been In the Militia by giving me a commission in tho Volunteers without examination. Did you not say that your rights were being withheld — that you were being treated uuf airly? — I do not remember. I may have tlonn so. I might say in reference to the pjiv that. Captain Seddon was very kind nuWd. mul gave me every assistance in gf>tii»w £75 out of it. Mv Taylor : Did you impart any feeling at all in your correspondence with the liovepnmontf — Not that I remember. Wa-s it pmvly an attempt to get an ordinary claim settled fairly? — It was a fair UUtMnpt to got from them money I consuWod. th^y owod inc. They since admitted il«\y owed mo part of what I have claimed, anil thoy have paid it. Ilsivo you any feeling at all in connection with the matter referred to? — Absolutely none. About this narrative- Dr Findlay read to you of some action in which you took a ptirt. Did not you give practically the whole credit to the supports? — Yes. Then you did not claim that the whole success of the movement was due to your personal efforts? — No. How do you account for the statement made by Houston, Speedy, and Quelch? Could they have been in the firing line? — They probably joined the supports. Did not Lieutenant Dillon, when you neared the spruit, order some of the men with the tired horses to get away? Ha ordered any man whose horse was knocked: up to go soi that the man could save his own life. Did you hear Dillon on that particular day relieve any of your men from duty because of that faot? — No. I knew it was tho custom. When you saw the retiring troops on the other side of the spruit were they in line? — No, they went like a stampeding mob of cattle. Tlu'ii -they were scattered? — Yes. Is that the reason you found much difS,-

cultjr in eaying how far these men were up the slope? — Yes. - Are you sure they were all going in one direction? — Yes, they were all making up that slope away" -from the spruit. Are you sure the main body^reached the spruit very much sooner than the scouts ivith their supports? — I am certain of it. Then,, with regard to times and distances, "were you in a position to make an estimate correctly? — It was impossible to judge distances or to recollect them afterwards. You cannot undertake to name either times or distances" with^ precision? — No. Had you had at least 12 months more actual work in the field than the senior officer on that^day? — I had had 13 months' active service, and that was more than he Jiad, for he was on Lord Roberta's staff for a considerable time. Doing clerical work? — Doing staff work. After Lieutenant Dillon-was wounded did the scouts take any instructions from you on that day? — Yes. , * Would' that be when Quintal was about? — Yes. Whether you had received your authority as acting-lieutenant or not, the men- actually took instructions from you after your leader fell?— Yes. I always understood until this, case that I, was second in command of the scouts. * • , * ' ' Who took charge of" the scouts permanently after that day?— Lieutenant Elder. 'I was transferred the day after to the Otago •quadron of the Seventh. "' : Dr Findlay stated that' Elder was first in charge of . the scouts, then Dillon, and then Quintal. ._ , _~~ v > ./.. » ' 3fr "Taylor : : You did not' see Lieutenant Saxbywith the supports you earner in touch ■with?— Nb. '• Dr George ' Edward Gabites, examined by Mr Taylor, stated- - that he was a surgeon practising ia Timarul He had been Burgeon-captain- to the Seventh Contingent, and had been present at the Blessbok Spruit engagement. He was with the supports, and saw the scouts in the distance before -the supports started to retire towards the spruit. 'He saw^ one messenger come in from the front Und give a message "to Captain Seddon. He did not know what was ia^the message. As soon as the supports saw the scouts and Boers coming towards them they, started' to retire to the spruit. Whitely had charge of some cattle which were abandoned. The 'supports went towards the spruit at a hand-gallop, or oanter at anyrate. One ridge was lined by some -men, but he remembered no other halts. At tile ridge some .men dismounted *nd- stayed behind. '"That was the only halt, and the body with- Captain Seddon galloped to the 'spruii . .They wore under fire as they crossed' over the drift. They went on up a slope. Then' a scout came to witness and asked him to' go back' to a wounded man. He was ' going faster (than a walk. He asked the -scout to come back, but the man rode- away 'saying, that he , was going to' the column for an ambulance. Witn-vs saw Captain . Seddon once, about a mile* from ■ the spruitr; on a' ridge. He, had about six men, who were _up stones, and said they, would make ,a stand.,- Witness asked Captain JSeddon he 'could go back •under the whit^ flag,, and the Captain said _yes. V/ '_Cfiptain -Drury was\with\,Captain; Seddon: Witness said to Captain -Seddon that there had been", no' firing_ for some little time. He +hen" returned, under the' white flag, with Quintal and the chaplain,' a man named Wilson, and found Dillon. Witness found Dillon dangerously wounded, and attended him. He left Dillon there, and went across to a Boer farmhouse, where he found- another- wounded New Zealander. Mr Taylor: Did/you see the main body make any effort to assist the scouts? — Witness: Of bourse, we were very much spread cut, and the men were galloping in all directions. ' Were members of the main body galloping in all directions? — It was difficult to tell which was the main body ; it was simply a or^wd of men galloping across the spruit. Did ±hey- go up the slope across the spruit in an orderly irianner? — One troop . did. That was Lieutenant Cameron's. I asked him whether he could not 'do anything to assist the men., across th© spruit. He said that he could not get any orders. I went on to see Captain^Seddon, and" Cameron's troop came on later. Did Captain' Seddon run away that day? — I did not see him run away. To Mr Stringer: That was his first exjaerience of being under fire. He knew nothing ab»ut the movements from a critical point of view. He saw one messenger at .least passing from one body»of the troops to the 'other. He saw the scouts retiring to the supports after a message was sent out. He- could* Jiot Bay if' tb«y got, in to the supports. t 'He was with tlie^crpwd before tlie" retirement . began -on, th© crest of the hilK He- was 'with the halted men, but could not remember in' whose company he wasjrthough he was in the rear: He was 'not attached to any particular company: TPo a certain extent 1 he was, under the orderg of the officer commanding. He received' no-, orders- to ■ retire, but simply saw the men turning round and going off to the sp,ruit. Some, however, were left behind; that was the rearguard, he understood, and it consisted of about a dozen nien, though there might "have -been more. He ■ could not give an estimate of the number of men in the rearguard. Ernest Barnett Lockett, Wanganui, examined by Mr Taylor, stated that he was in South Africa for two years and five weeks. He went out with the First Contingent. He was on active service, except for seven months while in hospital. He was awarded the Distinguished Conduct Medal. He was wounded at Losberg Hill, where he lost his right arm. He was -with the Seventh Contingent, and under Captain Seddon on June 1, the day of the Blessbok Spruit affair. He remembered "seeing Long bringing in a message to Captain Seddon from Dillon. He heard that Dillon wanted .support to help him out, as Jie had no more ammunition. Captain Seddon told him to go back to Dillon and tell- him to get out the same way as he got in, or words to that effect. Long -asked Captain -Soddon for a change pf horses as his own was about- done up. but did not get a change. -Witness told him to go to the troop he was in charge •of and get -a horse. The men refused to give him one, and Long did not return. Witness would have given him his own horse. While they were sitting on the ground waiting for the scouts he could not see the scouts or hear firing. They ivcre going away when he sa\v>^he scouts. Witness stated that after the scouts began to retire the Boers got on top of the hill and fired, and ho and the others started to go at a canter. They were mixed up, the rearguard and the main body. Then witness iold his trcop to ?top and cover the scouts' The others had crone except a few

stragglers, who stayed behind. He was not ordered to take up that position; he did it of his own accord. He thought the scouts deserved assistance, and that he was warranted in remaining behind without orders. . The sootits were not long in coming into touch, and they started a rearguard action. After they remained behind they could see the main v body at times going over the rise. , Mr Taylor: Weve they going at a slow walk? — I reckon they were going as fast ' as their horses' legs would carry them. It was practically a stampede? — Yes. 1 , reckoned the men were out of control. j Further examined, witness said that Shera j took his full part in the day's work. He did not .-see him retiring- at all. At the 1 time he crossed the drift there was no formation of the main body drawn up in regular order. [ Cross-examined by Mr Stringer, witness said he was sitting alongside Captain SedI don while- they were waiting for the scouts. Drury wa3 there, but he did not remember seeing Saxby. Forsyth was there, but he did not remember Cameron or Whitely. Mr Str'nger : But for yoii youiself taking the initiative the 'scouts would have been left a soul to protect them ; . !s that 'so? — Witness: No. There were several other^ men. You got no orders to stay behind? — No. How did you come to remain behind? — Some of '.he 'fellows said to me that it was > no good, clearing out. j f Who;, said that? — I cannot remember. J --You "waited till the scouts came in, -and { then you formed a rearguard? — The scouts and we fought together. We were then fighting independently. Edward George Wilmot Parker, called by Mr Taylor, stated that he had been a member of the Seventh' Contingent, and was with Sergeant-major Lockett's troop. On Kaffir's Spruit day he went out with a body of, men under Captain Seddon as a support to the scouts. A halt was made, and the scouts went on ahead. He remembered a messenger coming in, but did not hear the conversation between him and Captain Seddon. The fmessonger returned, and some time afterwards the main body started to move towards the spruit. Captain Drury ordered some men to go back to the rearguard, and they went back,, but Drury did not remain with them. Witness could not say whether the rearguard was ordered to follow the main body. ' The rearguard moved towards the scouts, and took up a position, where they waited to fight a rearguard action towards the spruit, but he could noi, say whether any of the main body joined th"e,m. He next saw the .main body after tliey -had crossed the spruit. W^en the main body started to retire did you hear Loeketfr encouraging his men to remain behind until the scouts came in? — Be ordered me to stay with him. Was there an effort made on the part of some -of the men tq^ break away?- : -rNot iii.-the- .troop I waslin. . Dr Findlay: You tell us, you heard an order given" by Captain Drury that a section^ of the company ,should go back and form- a rearguard. How many men went v/ith you? — I could riot say the rfumber. N Did you say the scouts approached you <as they' came back, f rom/rhe"'outpo3ts theyoccupied?—We '"were. ' moving slowly to- ' wa*ds-them. And an officer rode up to you and toid i you to hold the position? — Yes. Did you hold the position? — Yes. Would there be 20 men left by Captain Drury? — I would not be certain. At anyratc that body of the scouts formed one body? — Yes. I Do you remember Captain Saxby and • some men joining the rearguard? — Not to my knowledge. I was on the right .as we retired towards- the Spruit. William Ross, examined by Mr Taylor, stated that he was with the Seventh Contingent as a farrier. He had 12 months' "service- in South Africa altogether. He was wounded three times, and during the latter part of his he was in the =■ hospital. On the occasion of the Blessbok Spruit affair he was supposed to be under his veterinary officer. He saw messengers come in from the scouts, but he was not near -enough to hear the conversation bef twecn them and Captain Seddon. About a ; 'quarter of an hour after the last messenger "returned to the scouts the main body made towards the spruit. He did not remember any rearguard being detached. Did you coyer the distance between there ) and the spruit "at a walk or faster ? — Well, i it was faster; it was a canter. j Was- it a fast canter? — I don't know; it \ was a canter. ■ Did they get over the ground as fast. as they could? Dr Findlay :- I think this unfair. This is the third time he has tried to. , get a stronger -expression. "Witness: 'It was a canter, as I have said before. - 'Mr Stringer: You cannot spur him into - a gallop. Mr Taylor : Did you go with the mam body? — No7*l stopped at the spruit. I overtook them when they halted on the ridge on the other side of the spruit. As far as I could make out the men of the main body when retiring were going on their own. Were- there any firing lines laid down on the other side of the spruit? — No. Was the position held by Captajn Seddon at th© top of the ridge over the spruit a very dangerous one? — Not in my estimation. ,- B,ichard Long, labourer, Wanganui, examined by Mr Taylor, said he was formerly a member of the Seventh Co.i tingent v He was one of the scouts at Bless- , bok Spruit, and remembered when they goc into touch with the Boers. j What happened just before that? — We ' met a small party of Boers — four or five. In our march in the morning four^ of 'us w-ore pent ahead as a screen to the scouts. Th& four or five Boers disappeared, and we joined the scouts. Did you sight any cattle aftou that?— Not for a good time afterwards. You sighted cattle, and then Boers immediately afterwards? — Yes. * What happened when you sighted the Boer?? — We were all lying down on ihe grass on a ridge — a ridge flat on top. We could see the 1 Boers- around a farmhouse and on. a high ridge above it. We lay there for over an iiour. W-e wore firing, and IjieuTrnant Dillon- dre-sr our attention to -the far-f that, our ammunition was getting low. The Boors came across the stream by the farmhouse and started- riding up towards us on our front, and we started firing on them. . Lieutenant Dillon called a conferenre. and as the re-stilt told me to t.ike a message. Was it a verbal mossa»e? — Yp=. i What was its purppre? — Ho asked me to

go to Captain Seddon and ask him for supports of about 100 men. Do you think Lieutenant Dillon knew how many men Captain Seddon had? — I could not say. I carried the message to Captain Seddon. How far back did you go before you reached him? — About a mile and a-quarter. I won't swear to distances. Did you see Captain Seddon? — I saw him and gave him the message. Captain Seddon said : " Tell Lieutenant Dillon he has no right out there, and he had better get out of it the best way he can." I returned anJ told Lieutenant Dillon. He said: "Good God, ride off to some of those men and tell them to retire." I did so. Did you ask Captain Seddon for a cliango jof horse? — Not Captain Seddon ; but I asked them for a change of horse as mine was knocked out. After you reached Lieutenant Dillon did you see the main body? — i. looked back anj | saw them retiring. You are clear on that? — Yes, I will swear. When you reached Dillon did you then start to retire? — I rode along the line, and said, " Some of you fellows had better j retire." I retired myselT. i Do you rememoer striking a body of men j when you were retiring? — Yes, I remember , seeing Lockett. I galloped past him. I Was he generally in the thick of the I skirmish? — Yes he was always there, i Do you say that the main body deserted the scouts? — No. v His Honor : That is not a proper question to put. Under cross-examination, witness said he I was not fired on while he was riding i:i to Captain Seddon with the message. " When he returned to Dillon the latter told him go along the ridge and tell some of the ', men to retire, as> he would cover the reti-s-ment. He went straight away himself. And no one was scratched? — No. If Dillon had chosen to retire when he sent you back to the main body he co aid have done so then? — I cannot say. He might have had an object in sending me." . Further questioned, witness said ho couiJ not say whether Saxby's troop was detailed to support the main body. Witness's horse was pretty well done up. He got to 'th<» spruit all right, shortly after Eetersen. He oould not say how many men Petersen nad with him. Some wer^e on horseback auJ some on foot. There was firing going on, but he could not say whose front fire it was. • Frederick Robinson stated in reply to Mr ! Taylor that he was a farmer living at Foxton, and was with the scouts' under Lieutenant Dillon on Ist June, 1901. When the scouts halted after sighting the cattle he jjpmained with Dillon, and Quintal was J sent forward to draw the enemy's fire. He j remembered Dillon sending a message back Ito his -supports by Long. He did not remember seeing any other messengers, but others might have been sent back after the scouts got into action. He saw Long return, but-Jie did 'not hear what mssed between Long and Dillon. The scouts commenced to retire soon after Long's return. The Fcouts came in with a .small body of supports. He saw Gannon with the troops, but he could not -say whether Gannon stopped' with the troop for the rest of tho engagement. The scouts- fought their way back to the- supports, and after joining the . supports a regular •> rearguard action was f ought towards the spruit. During the -course of the action he did not see any other supports join the others. Some might have done so without his seeing it. Dillon - never left his men during the engagement, and he never had any conversation with Captain Seddon during that time, and Captain Seddon's statements as to the conversations he had, had with Dillon wer3 false. Up\ to the time Dillon was shot he saw the main body as they moved away from the scouts towards the spruit. Were they walking? — They were galloping. Did they make any halt? — I never saw them halt until they got across the spruit. I could see the horses galloping.When did you see Captain Seddon after you reached the spruit?— l did not see him again. We went back to camp anyhow. We were all over the veldt. When you reached the spruit were thero any other Boers ut all from those you had to your front during the fight? — I never saw any. How many Boers were opposed to you that day? — I could not say; they were popping up on the skyline. I think from SO to 100. I saw the L despatch Dillon had when he sent to Captain Seddon,, and he wrote on it that the number of Boers w^s from 80 to 100. Did you see the written despatch ? — Yes. Where?— At Standerton, when I visited Dillon at the hospital. Did h-a -show you this written despatch ?—? — Yesv Was it the despatch which he sent to Captain Seddon?— Yes. - Was it by Captain Seddon? — Yes, I believe it was. Cross-examined by Mr Stringer, witness explained- the" retirement of the scouts to the supports. They had got through safely. There might have been 40 or 50 forming the rearguard when the scouts joined the rearguard. He knew of no addition to that body. There might have been 20 or 30 Boers engaged on the right flank in addition to, those who were attacking in front. He saw nobody penned up across the spruit, and did not know that there had been a fsmall engagement. You made straight for home? — There was no shooting. It was absolutely sa'f-e. I had no ammunition. I was ordered by Sergeant Petea'sen. to proceed from the kraal, as I would only draw the enemy's fire on fhe party. Havry Corbett, at present working at Wanganui on co-operative works, said : He was under Lieutenant Dillon as one of the scouts on the day of the Blessbok Spruit incident. When the cattle were sighted

MOiH

Bcouts on Kaffir Spruit "day. . He saw the main body galloping -foadk .and taking up a position on top of a hill. across the epruit. About 80 Boers were -in eight. As far as R witness saw, - the main body -rendered xro assistance to "the scouts until "".they crossed lihe spruit. The main body was in danger In that position. By Dr Findlay: Witness did not see Saxby's support to the rearguard. Stanley Smith, labourer. JHokitika', was' with the scouts* at Kaffir Spruit. He wassignalman along with Kirby. He saw the iupports, with whom the. scouts junctioned. Lpckett was among them. 'Before' joining with the supports Dillon ordered the two •ig'nalmen to go _baclr/ as ' their, horses were .not good. ' Witness jnen in front of • -him gallqpin'g^-for the ;spruit, .and he followed them. .^Jutness -.Captain Seddon . After -the sprutfc-was f .»crosse3< -. 9Ghe men \in front of on^the way / to the spruit •were, gaflbping~as :fast *s they -could. Kirby -was -with witness. ~ After crossing the spruit jßXid -Veeing two -galloping up the " liiil,' ' Kirby .asked -witness* Jwho '-they were. ' ■Wittfeac ans^re4"^at ::w Qieyi~yfere Captain £°ddon - and ~ JSlcting -fCagtain,' Driiry. _=** ~ .TZy, jDr \Findlay :' Wfiefi witness «nd Kirby *tarted-for the spr«fit, theyjhad about two" miles to go, anS^ihe-^xoen, they- saw were -iudf a mile in* advanced Witn"ess-,,was at . -oner -iime in the., service of' the TelegraphDepartment. ' ft© was not -'dismissed ; he ■ "" resigned. He did'-not think he- was called* on to resign. Asked if he was not called" on -'to Tesign because of intemperance, witness did not reply. - Charles Robertson, labourer, Woodville,, eaid he was one of the scouts under Lieutenant Dillon. Dillon was with the scouts all the way on the retirement, and therefore the conversation Captain Seddon .alleged- he Jiad with" Dillon could not have fcak«n place. The retreat was disorderly. Leonard Cloake, turf and commission agent, said he was at Kaffir Spruit. " He. -was with the main body, uuder Captain Seddon. He saw iio messenger oome 'in • to Captain Seddon. He was on the left flank as an outpost, with Coleman, Hodg- - Mason, and others. Witness got no signal ■from the main body .to .retire to the .spruit, -hut he saw the main body" n.aking in the ■direction of the spruit. There were about 60 Boers attacking on the left flank. When the main body went away the Boers concentrated their fire on the party on the left flank, and, things getting too hot. witness decided to" run the gauntlet to the spruit. The main body was then across. He did not see the scouts, and did not know but that his party was the last to cross the spruit. The main body took up a position on.; top of a liilL The roll was called when, the- men returned to -camp. The main hady galloped 'back to the spruit. If it was "a walk, witness' -wished he could walk as fast. Witness had an interview wilh Captain Seddon, Dr -Findlay, Coleman^ and other*" about, the case'wrta fche^ object of seeing if witness's evidence corroborated that- of Ool&man, but it did not. Coleman was in Christohurch, but ■ ~had not been oalled. | ~ "Dr Findlay: He is waiting to follow this ■ witnessT' j Cross-examined : Coleman was at the i Kaffir Spruit affair, and saw as much«»of ( it as witness. Coleman's statement was this :

" The Boefs numbered 300, and were too strong -for us. _ We were forced to retire across the spruit. Then Captain Seddon, with, the remainder, of his men, irumbering '65, took cover in" a -Kaffir "kraal," but had to retire further tip a alope." "Witness did not agree with that statement. ' Before going to the interview, "witness did not -say he agreed with that statement. If -Cole-man, said the retirement was- made in "a perfectly orderly fashion he was quite incorrect. Dr Findlay: You have been many things in your life, have you not ? ; — Witness : Yes. Do you remember some trouble in Searle's Tiotel in Wellington? — Yes. '• What part did' you play in it? — I refuse %o answer that question. To Mr- Taylor : Coleman had said to witness : . " I would give £20 to get that statement back. I_ wrote in. on Saturday night when I was T drunk." George Darling, one of the scouts, said the rearguard action occupied over an hour. On the way to the spruit he did not see the main body. The rearguard, while making their way back, .came up to some men, who .joined with -tliem, making 50 men, to conue the action to the spruit. It was there that >Dillon made"- a stand- to protect the other men, who were then fighting at the Kaffir kraal: Dillon was wounded at this point. There would be 180 Boers attacking ..when witness crossed the spruit. Next day, when he 'went out -with Shera to bury -the dead, the Boers told him there were 300 men in the commando. He also learned on kat day that two or three Boers had been ,'killed and several wounded. He would not say that the 300 Boers were attacking Captain Seddon's party. Witness galloped back -to the main column for a doctor. No one told Jiim /to go. He saw that a doctor was required, and went off for one. Frederick- M. Crespin, clerk, Auckland, said he went to South Africa with the Seventh Contingent. He was appointed clerk to Colonel Porter. He wrote shorthand. At the, inquiry before Colonel Porter -evidence was given by Lieutenant Quintal, Sergeant Stansell, Captain Saxby, and Lieutenant Gannon. Morton was not .examined. Captain Seddon came into Colonel Porter's tent, and Colonel Porter mentioned that he was going to- hold an inquiry,' and that he would want some of the men. Captain Johnston, the adjutant, would notify Captain Seddon which of the men to send in. Captain Seddon was not present at the inquiry. Witness could not say if an oath was administered to any of the witnesses: The evidence was sent on to Colonel Grey. Witness had not a duplicate copy of the evidence. It was in his ; possession at his home in Auckland until Mr Taylor came to see him and -served him with a^subpoena. Mr Taylor said he had been very anxious to get the book, but it had been "eluding him for the last seven months. i Further cross-examined, witness said he could not now find the book. The last person he snowed it to, as far «s he could remember- was a man named Morton, 1 Colonel Garrett's orderly, who was in Auckland for a holiday. A trooper named 1 Fowler had also stayed in the house. John James Clarke, who went out with the Second Contingent, and rose to the position of captain, was called, and asked ' if, subsequent to the Blessbok Spruit affair,

i he had been detailed to accompany Captain Seddon. | His Honor ruled that evidence of this class was not admissible. Mr Taylor said he had another witness to call to prove that certain pages of an official book had been taken away. His Honor said the evidence would be admissible if the witness could snow that Captain Seddon, or someone on his behalf, had .acted in the matter. Mr Taylor said he could not prove that. Dr Findlay complained that these statements were being made by Mr Taylor witTi a view to influencing the jury. I Mr Taylor said he had intended to call Colonel Porter to prove what he' had stated', but he would not now call him. This closed the case for the defence. Dr Findlay said he would not call rebutting evidence. He had witnesses in attendance who could give rebutting evidence, but he wguld not call them. At 5 o'clock the court adjourned until Tuesday morning, when counsel for both sides will address the jury. If time permits his Honor will then sum up. It is proI bable the case will conclude late to-morrow night. , I