55

H.—9a

once bought a ton of potatoes from Mr. Benning for the settlers. The sheep were consumed at the Bay by the settlers. The potatoes bought from Mr. Benning were in splendid order. The goods supplied by Captain Malcolm were bought in Dunedin. Mr. Mueller recalled. The settlement is not as great a success as I expected it would be, but I am satisfied it will never be abandoned. I have given in my evidence an idea of the reasons for a want of success. I consider the management of the settlement in Hokitika and Jackson's Bay has been good. Some errors of judgment wrere made in allocating settlers and so on, as stated in my former evidence. The clay I specially referred to was in Arawata Flat. I saw it at five or six different places. At that time I had no opportunity of fully ascertaining its extent. My report on the quality has been borne out by competent persons, but it was found afterwards that the layer nowhere exceeds about 3 feet in thickness. Thomas William Honeywell sworn and examined. lam a surgeon, residing in Hokitika. A question was asked from Franz Max during the present inquiry who wrote the affidavit which appeared in the Evening Star, of 27th February, 1879, produced before the Commission. Max stated that I had written it. I did write it. Max was a perfect stranger to me. He was brought to me by another person, and he requested me to draw up an affidavit to forward to Mr. Barff. I said that, though I was willing to draw up any statement he might wish to send to Mr. Barff, his proper course would be to communicate with the Hon. Mr. Bonar on the subject. He replied that he had been advised by several of his German friends that by writing to Mr. Bonar he should not be able to get justice from Mr. Macfarlane. I pointed out to him that it wras perfectly impossible for any one in Mr. Bonar's position either to aid or abet in withholding from him his just rights. He insisted upon the affidavit being sent to Mr. Barff. I sent it, together with his pass-book, pointing out the items complained of. Mr. Barff, after a lapse of some two or three months, returned the affidavit to Max, from Wellington. Max brought them to me and asked what he should do to get his money, as he wanted to go away. I told him the best thing he could do, in my opinion, w Tas to see Mr. Bonar on the subject, and I had no doubt Mr. Bonar would use his influence with Mr. Macfarlane in getting for him anything that might be due to him. At his request I wrote to Mr. Bonar enclosing a copy of the affidavit. Max brought me Mr. Bonar's reply, stating that he had forwarded the affidavit to Dr. Giles, who would form one of the members of the present Commission, and that his claim would be properly investigated. At the request of some of Max's friends I wrote a letter to the Evening Star, enclosing the original affidavit, the pass-book, and also Mr. Bonar's letter. I consider myself and Mr. Bonar unfairly treated by the Press. The last paragraph of my letter and Mr. Bonar's reply to Franz Max has been suppressed. I mention this in justice to Mr. Bonar. I have had no communication with Mr. Bonar on the subject. The statement is made of my own free will. The Chairman announced that, as far as regards the taking of evidence, the Commission had now closed.

Saturday, 12th April, 1879. Mr. Chesney recalled. [Telegram from Inspector Hickson re purchase of damaged potatoes by Mr. Chesney from Samuel Jacobs read.] I wish to give the statement made by Samuel Jacobs a flat denial. I have searched my books, and I find no record of any potatoes being supplied by me to Jackson's Bay, excepting seventytwo bags of potatoes on the 7th of August, 1875, and thirty bags in July, 1876, which were of firstclass quality. They w rere supplied at £8 ss. and £4 15s per ton. I never bought any damaged potatoes since I have been in Hokitika. Constable McKenna sworn and examined. Eespectfully states, for the information of the Commissioners, that, as directed, he saw HenryJacobs, son to Samuel Jacobs, formerly storekeeper in this town. He informed the constable that he remembers a notice having been served upon his father about four years ago to remove some rotten potatoes from his store, then situate next to the Empire Hotel, in Eevel Street; and he further stated the potatoes came from the auction mart of Mr. Todd. Samuel Jacobs was not summoned for the offence, he received notice to have them removed. The constable has searched the books where all summonses are entered, and the name of Samuel Jacobs does not appear for any offence other than the non-registry of a dog. EVIDENCE RELATIVE TO AN ALLEGED ASSAULT BY THE POLICE OFFICER. Monday, 10th March, 1879. Present: All the Commissioners ; Mr. Bunny, M.H.E., in the chair. Mrs. Klempel sworn and examined. My husband's name is Martin Klempel. My husband was lately arrested by the officer of police at Jackson's Bay ; I think about the 4th of February. It is a month ago next Thursday. This is the first time he was arrested. The police officer's name is Mr. Barrett. Ido not know any other name. My husband was arrested a second time, about three days after, by the same policeman. It is on the first time that I complain of the conduct of the officer of police. I do not know what my husband was arrested for. I was just close to him on the road. We met the constable. The constable produced a paper, and arrested my husband on it. I asked the constable what he arrested him for. He had nothing to say, but he seized my husband, aud said he had to arrest him. I said, "My husband is not a rogue, and he is not drunk ; why should he go in there." When I said this, the constable took me by the shoulder, and struck me in the side with his hand. I was bruised from it. I was between my