1.—3

12

Mr. James Mackay. Ist Sept., 1875.

■• Gage when he came to the tent, went out, and then I went back again to the tent. All these were in answer to particular questions. I gave my evidence up to a certain point, and then was asked , questions. I knew that 1 had the rights in my pocket when I got up. 300. I will continue reading from your evidence : " Mr. Brissenden was not in the tent when I left. Ido not know where he had gone. If Mr. Brissenden had any miners' rights in his possession before 10 o'clock, I do not know where he got them. I returned as I have stated at halt-past 9 o'clock, and was present at the reading of the Proclamation. I then proceeded to give out bundles of miners' rights " ? —That was in answer to questions. 301. It would be clearly understood by a casual examination, or indeed any examination, that the rights had never left your possession during the interval ?—I say that I forgot all about it. I was in a bad humour at my decision respecting the prospecting claim being upset, and was also very busy, and when the Commissioner examined me, I had forgotten about the haversack. I had not the haversack all night. I was asked, " When you finally left the tent, where was Brissenden?" and I said, "he was not in the tent." He was there when Gage was there. 302. Do you remember any conversation with Mr. Brissenden on the night of the 2nd of March, with reference to the issue of rights ? Did he ask you to give him rights then ?—I do not think that on that night I spoke three words to Mr. Brissenden one way or another, except when he applied to Captain Fraser. lam not certain that I had any conversation with him after I left the big tent. 303. Did he on the morning of the 3rd of March, previous to 10 o'clock, ask you to issue rights to him ? —He did not. 304. Had you any conversation with O'Halloran upon the subject ?—I had not. 305. You did not know on Ihe 3rd of March that O'Halloran had given a bundle of rights to Brissenden, previous to 10 o'clock ? —I did-not. 306. When did you first ascertain that he had done so ?—Since I have been in Wellington. Since O'Halloran arrived here he told me so, within the last seven or eight days. 307. And you had no idea previously to that time that O'Halloran had given the bundle of rights to Brissenden ? —I did not know in what way Brissendeu had got them, otherwise than by public report that Brissenden had got them. 308. Have you had no conversation on the subject with O'Halloran between the 3rd of March, and seven or eight days ago, when you saw him here P—l have sjjoken incidentally about the miners rights affair, but I never suspected O'Halloran. 309. When O'Halloran gave you back the bundles, did ho tell you that he had issued any of them to anybody ?—No; he simply gave them to me, and went to look for a horse. Ido not think I saw him for two minutes then. 310. Then if O'Halloran did issue Brissenden's bundle, it was entirely without your authority?— I gave him no authority whatsoever. 811. You know, as a matter of fact, that if rights had been issued to Mr. Brissenden previous to 10 o'clock it would give the miners in whose name they were an advantage ?—Always provided he gave them away before 10 o'clock. It would depend upon when he gave them. 312. Do you know that any of the ground was pegged out before 10 o'clock, or so near to it that the rights could not have been issued from the tent r—l was at the tent, not on the ground at all. I heard so. I could not say how true it was. There was a dispute at the time. Some people said the pegging out took place before 10, others said it was seven minutes after, and others said it was ten minutes after. That is what I heard. 313. Was it brought officially to your notice ? —lt was brought to the Warden's notice. I heard in course of that day or next. As soon as the rights were issued I went away. I went and had a sleep. I went out in the afternoon or evening to see Walker's party of surveyors. I think I heard the day after that some rights had been issued before the time. 314. Assuming that ground was pegged out so shortly after 10 that the rights could not have been issued from the tent, would that have been in violation of the arrangement made for the opening of the gold field ?—Of course it would. It was understood that no rights were to be issued before 10 o'clock. It was no part of the regulations that it should be done so. There was only an advertisement to that effect published. 315. Mr. T. L. Sheplicrd.~\ You received the rights hack again from O'Halloran?—l received the haversack containing the rights. 316. You knew the number of rights that bag should contain ?—No, I did not. 317. You counted them, and found there were fourteen short ? —I paid for 102, but I did not know how many there were of Brissenden's. 318. You counted them the night before ; what was the number?— There were fourteen short of 102, exclusive of Brissenden's, which I did not count. 319. You told us how many bundles you had? —I said mine were in large bundles except three, and that of these three, two contained two, and one contained one. 320. How many large bundles were there? —I do not know exactly. Ido not know the last number of the ticket issued by Captain Fraser —whether 215 or 247. I do not know whether mine began at 248 or 247. I rather think it was 248. I had about ten bundles altogether, exclusive of Brisseuden's. 321. How many large bundles were there containing more than ten ?—There were, I should say, eight large bundles. 322. Which was the largest bundle you received of the 102 ?—I cannot say. 323. Was not Brissenden's the largest ? —I had his over and above the 102. 324. You were under the impression, when you went down to the office, that you had them in your possession ? —I never looked for them. 325. When you opened th;it bag, did you see Brissenden's ? —I did not notice that particularly. 326. Were they tied up with the rest ? —They were altogether. They were not tied at all. 327. Was there a bundle as large as Brissenden's among them ?—1 never noticed. 328. Was there so large a number that you did not miss this large parcel ?—I did not miss them.