THE CLAIM OE MR. JOHN MARTIN.

G—No. 18,

23

k. i 3 1 °™<™»*onor.-] What was the date of that conversation with Mr. Clayton in which he informed you that youwouldnot-lose anything if you went on with the contract/-T'thhik that was a Jew days after Smith failed. It was at the time this £100 cheque passed ticn,„T T?£ Sa-V S u„ dT atand I the evide *cc, that you could not throw up the work f-___ t that time I could have done so by losing the £1,000. F ' 350. Then you would merely have lost the £1,000 ?—Just so. t 3f X T heS: dld y,° U g-?! so involved by ordering materials that you could not throw it ur. ? tZt^f_T^t^^Z° n ™°****" - at atllentort -W^t^Sß ** ***** W-He oWed me the OTerdraft a* *• Bank of 353. If Smith's contract had been broken, you would have been £1,700 out of pocket ?-I should nT \ n° T doub f t '.abou" hat- ,^t <l»ite the £1,700, because I had a sort of security which I hold now for whatever it is worth. I don't think it is worth much * _-__ 354; Dld 7°U 6nte ri int°i ■?. a^ eemeilt with Mr. Smith to overlook the works for you ?-I did not enter into an agreement with him, but I said to him, " You had better stop, as you know evervthS I gTvet^S'orlsO 0" "** ** W°rk'' "», notWn* Said ab°Ut bToS___| qec 5-f 8,8 7 °Ur servarlt. without any fixed wages ?—That was just it. i• *T e_f" _g ytk_*B over, af-er the contract was completed, was Smith to have it P—There was something to that effect, but nothing definite. I said, "If everything turns out all right' you w!ll be well paid for your^services ;" but there was nothing definite in the matter g ' J on JSJdtep-fit^S °f Smith °WiDg y°U £7°°' 70U mClude aU thR HabilitieS in™d 358. In his evidence before the Committee, Mr. Smith says in reply to the question, "Was Mr Martin security to the persons from whom you got the material ? He was froml October " Is that ° T h°W lT U except by that deed which Mr. Brandon drew up «,* I 7v, •!! 9 Say% I d _ei' 000 for material, and £60 for labour," and he is asked " What was the entire liability ?" To which he says, " Between £2,000 and £3,000." He says generally that you __™gX J 6 mateMal SUPpHed t0 him- IS * S0?-E^Pt by this^deld. TLnnoVsee Tt _-f 6o' 7^°^ y i OU ri6" f 6 e„ actly i What the meanm- of your arrangement with Mr. Clayton was? fi? rl aS Q ™derstariid under clause 13, and it was not under clause 16; how then do you make out that Mr. Smith was ousted from his position of contractor ?-I do not know J 361. You knew of the existence of the contract ?—I knew that portofit that Mr' Smith Under that WaS conti*actor ?-Yes; and that was about the pur--363. Now, when this contract was alive, you made another arrangement which ousted Mr Smith P —The arrangement I have just told you about. ' writin?ovL hlL ym_tter Bted *° f" *f* ; arranSemenfc with Mr- Clayton ?-Quite so. There was no 365. Did Smith ever sign the contract to you ?—I do not think so. No, he never did.

Tuesday, 9th April, 1872. Mr. Ben Smith in attendance, and examined on oath. 366. Mr. Brandon.-] What is your occupation ?—I am a builder and architect. 000 tt° j undertook the contract to build the new Government House ?—Tes Abb. Under the contract and specifications which have been put in ?—Tes Banlfru 9 p tc?Act G?~Ye s ad "^ g **' W6re 7 °U not °bUged to take the benefit of the 370. What time was that ? —February the 4th, 1870. 371. When you had passed through the Court, in what position were you with regard to the contract; I mean what actual potion ?-I considered that, when the advertisements were in that; I could not meet my liabilities, I withdrew from the contract altogether. Ill' ?° U considered tllat the contract was at an end ?—Tes, as regards myself 673. Do you know how the works were carried on after that ?—Well, on February the 4th there were advertisements m the Evening Post by Mr. Martin for tenders to complete the dffferent partsof Government Honse, and I considered that the whole matter was out of my hands Xif1 ow was that ?— By the arrangements between Mr. Clayton and Mr Martin S7o. ihen you considered, after going through the Court, that it was all out of your hands ?—The only thing 1 knew about the matter was that I was outside Mr. Clayton's office, and Mr. Martin went b^'d^etaySXgetLi. ** "" t0 ** I™» *» w^t376'! a? h6J OJt e *w»y witt-rwßftt do you mean by that ?-That Mr. Clayton was to carry on the timt' aand d Iwas^tS ZSeS.^ * """ *" *** ™° * IV' wi. yOU mean your services were to be dispensed with ?—Of course *f fl ! At W6re the7 ord«/ ith reference to yourself ?-There was a great stir about the matter at the end of January. I could not pay the wages on the 13th of January, and I went down to Mr Clayton and told him, and Mr. Clayton and Mr. Martin had a conversation, and Mr. Martin gave Mr' Clayton a cheque, which was to be given to me on the 15th to meet the wa^es f/A Commissioner.! Do you know anything at all, of your own knowledge, as to the payment of that cheque ?—I received the money for the cheque, and paid the wages. F y