9

I.—lc

Mr. Bees : Now, this order is issued on the 22nd September, in action 353 : motion dismissed —that is, motion to vary certificate. Mr. Bloxam : Yes. Mr. Bees: Martin's application for judgment was made on the 2nd September? Mr. Bloxam : Yes. Mr. Bees : And the one to vary certificate ? Mr. Bloxam : Yes. Mr. Bees : Was there anything else done on that day ? Mr. Bloxam: This shows what was done. Mr. Bees : Nothing else was done except what is recorded here [Judge Johnston's note-book; vide Appendix No. 16], and that corresponds with the dates and figures here. The Chairman (charge No. 4; vide page 2 of this paper) : Did you not receive the papers from Wellington on or after the 28th June ? \ Paragraph of petition read.] Mr. Bloxam: That is not correct as it is put there. The Chairman : Can you tell me at what date you did receive the papers ? Mr. Bloxam : Will Mr. Ell say what papers he refers to ? Mr. Ell : All the papers that had been tised by Mr. Bloxam in taking the accounts, both in 30 and 353. The Chairman: Do you mean all the papers as referred to by Mr. Cooper in a letter said to have been sent by him to Bloxam ? Mr. Ell : Yes. Mr. Bloxam : As a matter of fact, on the 28th of June all the papers in these actions were received in Christchurch. The Chairman : By yourself ? Mr. Bloxam : Except the exhibits. The Chairman : They were not all received—the papers —some of the exhibits did not come. Mr. Bees : What exhibits ? Mr: Bloxam: Exhibit H [vide No. 23 of Appendix No. 19], I think, which you see in Mr. Martin's evidence. Mr. Ell: I lent that to Mr. Bloxam, and he has never returned it from that day to this. The Chairman : Is that correct ? Mr. Bloxam : No, it is not. Ido not know anything about it. Mr. Ell: It is in Mr. Martin's evidence. [Mr. Conolly's note at the end of page.] Mr. Bees : I would sooner Mr. Bloxam would give his own evidence. The Chairman: In Mr. Cooper's letter he says, "I have the honour to return all the papers received from you." [Letter read; vide Appendix No. 6.] I want you to clear this matter up. I wish to ask you now did you receive these papers. Mr. Bloxam: All the papers in these actions came down on the 28th of June. The Chairman : What date ? Mr. Bloxam : The 28th. The Chairman : Did you refuse an application from Mr. Ell by seating that you did not receive them ? Mr. Bloxam: No. The Chairman: Just now you said there was one paper not received. Mr. Bloxam : The exhibits did not come back. Mr. Bees : Then, you did not receive all the papers ? Mr. Bloxam : I want to show that the papers were received, but we went on taking the accounts. There was no four weeks' rest. Mr. Bees : Again you say they were received. The Chairman : Were you short of any papers when Ell made the application ? Mr. Bloxam: No ;we were short of no paper except that one —exhibit H. [Vide No. 23 of Appendix No. 19.] The Chairman: Did it make any difference the want of that paper ? Mr. Bloxam : It did not make any difference. The Chairman : Did you say to Mr. Justice Conolly that the reason why you did not go on was because you could not get the papers ? Mr. Bloxam: I told him that some of the papers had not come to hand. All these charges have been before Mr. Conolly. The Chairman : Will you read your reply to Mr. Conolly. Mr. Bloxam: Page 2of H.-6, 1889, at the very bottom, the last three lines. [Read.] The Chairman : I want your own evidence. I want what Mr. Bloxam said in his evidence to the Court re these papers. Mr. Bloxam: Page 11 of H.-6, 1889, ten or twelve lines from the bottom; but it is not correct as sworn by Mr. Ell. The Chairman : Now I want you to explain. Mr. Bloxam : There were things that did not come back; but what did not come back did not delay the proceedings a moment. Mr. Bees : What! The accounts were not very material in taking accounts ? Mr. Bloxam : That is not a correct statement. Mr. Bees : Your answer now is that you do not recollect what papers were received, except that exhibit H had not come to hand. The Chairman: Had you not received the accounts at that time? Mr. Bloxam : Ido not know whether the accounts were received at that time or not. I was going to show you that matters were not delayed in any way. 2—l. 10.