35

H.—l6b

14th March, 1902. Joseph Symes, labourer, living at the Bush Tavern, Nelson, says : — Examined by Inspector Macdonell.] I remember being in the company of Charles Eemnant at the lower end of Bridge Street, Nelson, about February last year. It was on a Saturday night, between 10 and 10.30 p.m., or somewhere thereabouts. Eemnant, my wife, and I were present. There was no child present. (When the statement was being read over to the witness he stated, "I am not now certain whether or not Eemnant had a little child with him.") Two men in private clothes, whom I did not know, passed us. After they had got a little way past one called out " Eemnant." I heard the word repeated three times. Eemnant said, " Yes, sir," and turned back to the men who had passed us. The men were 30 or 40 yards distant. When Eemnant got within reach of the man's arm he got a smack in the jaw which knocked him dowm in the road. When he got up he said, " What is this for?" The man said, " You b , you know what it is for." Some remarks passed about carrying yarns, which I did not get hold of. The man only struck Eemnant once ; but he struck at him afterwards, but did not strike him. Eemnant got out of the way. The men walked away along the road towards Nelson, and Eemnant returned to where my wife and I were standing. I noticed the side of his face was swollen up ; I do not remember which side. Eemnant soon afterwards left us, saying he would go and see the sergeant. I saw Eemnant again about three-quarters of an hour or an hour afterwards at his own house, in St. Vincent Street, Toitoi Valley. I was living in the same house with Eemnant. On his return he said he had seen the sergeant, who told him he would reprimand the man, and he thought the best thing he could do would be to hush the matter up and let it drop. Cross-examined by Sergeant Mackay.] I cannot state when I first met Eemnant that evening after leaving my lodgings in his house. I believe I did meet him somewhere near the Co-operative Store. lam unable to say how long I was in Eemnant's company before the occurrence in question. While we were together that evening we had one drink together. We had only one drink. lam unable to tell you the house where we had the drink. I think Eemnant left me once after we met that evening, I think to go to the Co-operative Store; but lam unable to say if he left me more than once. I can say Eemnant did not have a few glasses of beer in my company that evening. I did not see Eemnant go to the Co-operative Store; I fancied he went there. I waited about in the street until Eemnant returned to me. Eemnant, when he met me, may have had two or three drinks. I did not go to the police-station with Eemnant. When Eemnant returned to his lodgings he did not appear to have any more drink than he had at the time he left me. lam not certain whether or not I was in bed when Eemnant returned home. My wife and I occupied a sleepingroom to ourselves. Eemnant did not come into my room that night, but he might have gone to the door. Eemnant, to my knowledge, did not bring any drink home with him. I went out into the diningroom and had a talk with Eemnant after he returned home. lam unable to say whether I was fully dressed or only had my pants on when I went to Eemnant in the dining-room. I believe I have a clear recollection of what took place after Mr. Eemnant returned home. I believe my wife went into the dining-room after Eemnant returned home. It was not a moonlight night, and it was not a dark night. I am unable to say whether or not there was a lamp alight. Very likely I have been half-tight since I have been in Nelson. My wife and I separated about a fortnight ago. It was not through drink we separated. Drink was not the cause of it. I went to the Inspector of Police about four or five weeks ago. Mr. Eemnant came to me at Whakapuaka and asked me to go and see the Inspector at the Masonic Hotel, Nelson. He told me the Inspector of Police was in Nelson, and wanted me to go and state what I saw when he had that bit of a squabble or scrape. I went to the Masonic Hotel and saw the Inspector. I told the Inspector, as near as I can remember, what I have stated here. I believe the Inspector read over to me what he had written down. I cannot say for certain. No conversation has taken place between Mr. Eemnant or Constable Williams about what I was wanted for at the policestation. Mrs. Eemnant told me she believed I was wanted at the police-station about the affair of her husband. Questioned by Commissioner.] I do not know of my own knowledge who the men were that passed us on the night in question or the man who struck Eemnant. I could not recognise the men again. Although Eemnant might have had two or three glasses of beer before I met him on the night in question, the drink on him was not apparent to me. I do not remember having had any drink that evening except the glass I had with Eemnant. I had passed the whole evening walking up and down the street with my wife. I cannot say what time I left my lodgings that evening or the time I returned. I believe we were home before 11 o'clock, but cannot be certain. I remember the actual words used by Eemnant and the man who struck him, and also that Eemnant and I had one drink only together that evening, but I cannot remember clearly any other particulars. J. Symes. Mrs. Myra Symes, wife of Joseph Symes, states: — Examined by Inspector Macdonell.] I remember about the latter end of February, 1901, one Saturday night my husband, myself, Mr. Eemnant, and a little baby boy were passing along the lower end of Bridge Street, Nelson. Two men passed us going towards the town. We were going in the direction of the Port. After they had passed us, one of the men called out " Eemnant" three times. Eemnant replied, "Yes, sir," and turned back and went towards the men. Almost immediately afterwards I heard some voices using bad language, and then I heard a fall; I then looked back and saw Eemnant lying on the ground. He got up and said, " What is this for? " One of the other men replied something to the effect that you know what it is for ; you have been telling lies. One of the men then struck Eemnant again, and again knocked him down. The other man said, "Give it to him; he deserves all he gets." Bad language was