I.—ll

34

In clause 7, in reference to an interview I had with Boss on the 2nd April, I did not give him to understand any such thing as stated in that clause. I told him I was glad he had put men on, because it would save all unpleasantness, and expressed a wish that he would keep him on till the poisoning took place in June. As to clause 12, that the Inspector had not destroyed the rabbits within the meaning of section 11 of the Act, my answer to that is, the Resident Magistrate's ruling on that point is sufficient to show that the provisions of the Act were complied with, as a decision was given for plaintiff. As to clause 14, as to the admissions of the Inspector, I say, as a matter of fact, there were no admissions made in the Court, as the Resident Magistrate ruled that all such was irrelevant evidence. The question was asked mo by Mr. Stout, who appeared for the defendant, Were rabbits not numerous on other properties? and the Resident Magistrate said I need not answer the question; and it was not answered ;so there were no admissions made in Court. There was no necessity to serve the other men, because they were working. I was in the Court the whole time, and I never heard any such statement made by John Bell as referred to in the latter part of clause 15. As to the latter part of clause 16, I consider it most ingenious and carefully worded, so as to bear a construction never intended. Immediately I saw it I wrote the following letter to the Resident Magistrate : " Palmerston South; 20th August, 1889.— H. A. Stratford, Esq., R.M.— Dear sir,—As a result of the recent case, Hull versus Boss, heard before you on the 18th July last, is a petition to Parliament praying for my removal for ' carelessness and partiality' in administering the Babbit Nuisance Aot in this district. A portion of one of the'clauses reads thus : ' But in giving his decision the Magistrate severely censured the Inspector for not making himself acquainted with the state of the land referred to, and said that his conduct in that respect, and also in respect of not requiring the adjoining holders of land to destroy the rabbits on their lands, were matters for a departmental inquiry, but' not for him, as a Magistrate, to-deal with.' Will j 7ou kindly inform me if you used these words, and, if so, if they will bear the construction put upon them.—l am, &c., Richard Hull." [The following memorandum from Mr. Stratford, dated 21st August, 1889, was read in reply to above letter: "I certainly did not severely censure you, as far as I remember. I refused to hear general complaints against you for partiality, as I said, I think, these were matters for departmental inquiry. My judgment for plaintiff is sufficient proof that I found on the fact you had complied with the requirements of the Act, and defendant had not. I think I said I was of opinion that, on receipt of Agent Field's latest report, you should have visited the land in question again before taking extreme measures; also that Inspectors should pay due regard to section 4, ' Babbit Nuisance Act Amendment Act, 1886,' but omission to do so did not excuse defendant, who had not complied with your orders.—H. A. Stratford."] I may state, in reference to the belief that I have been showing partiality to Bell, the following official letters will speak for themselves : — The following is copy of a letter received by me from Mr. Bell, dated Waihemo, 27th July, 1889 : " On receipt of your letter of 23rd, Mr. Ormsby went out, and spent several hours on foot, with shepherd and three dogs, looking for rabbits about the Stoneburn hut. We are utterly unable to understand your complaint, as we cannot find rabbits there at all, except the usual odd one here and there. In deference to your wishes, however, the locality will be fully repoisoned before Tuesday, though poison is still thick all up the Stoneburn Biver. You will oblige me if you can make it convenient to reinspect the ground in a fortnight's time. You must, I think, be well aware of the loss and inconvenience caused to us by your neglect to enforce poisoning opposite the hut, this side of the river, in the earlier part of the season. The use in an official letter of the word ' disgraceful ' is extremely offensive, and I must request that the language of your letters be in future kept free from such intolerable terms." The other letter from Mr. Bell is dated 26th July, 1889 : "With reference to the paddocks on the Dunback Boad and the land near the Port Chalmers Endowment, referred to in your letter of 23rd instant, our gang of poisoners is still at work there. You will please, however, note that the rabbits have not taken poison all the winter on this block nearly so well as elsewhere, and it may therefore be necessary to try other means shortly, as soon as the poisoning has been thoroughly finished. You will, of course, agree with us that the use of other means cannot be allowed now, as it would interfere with the action of the poisoning work ; it must wait till the gang is discharged. Patches, no doubt, still exist here as everywhere else ; but you cannot but admit that the poisoning has been faithfully, systematically, and thoroughly done throughout the whole block."

Saturday, 24th August, 1889 (in absence of Hon. Mr. Acland, Hon. Mr. Pharazyn elected Chairman). Mr Hull's examination continued. 550. Mr. MoKenzie.] Will you kindly produce the map you did yesterday?— Yes. [Map produced.] 551. Now, with regard to this boundary we had a dispute about — this section, No. 34 : there has been a new survey. Do you believe that Mr. Bell is still in occupation of it ? —To the best of my knowledge he is not. 552. With regard to section 34 : you will not swear that Bell had not poisoned it ?—No. 553. Are you aware that Bell's property joins Boss's at another place?— Yes; at a sharp bend of Shag Eiver, with river between. 554. You said yesterday that Boss only had three neighbours—Bell, Lindsay, and Duncan; I say he has also Murray, Wilcox, Glover, and Kitchen besides. Now, would you wish to correct yourself from what you said yesterday ? —The map shows for itself. The map is properly drawn up, and I put the names on it. 555. Did you examine this land of Boss's? —Yes. 556. Did you find rabbits on it ? —Yes.