25

H.—33

SIXTH DAY. Beadfoed, recalled. 171. The Court.] What was condition of left barrel?—lt was very foul, as if fired off last, sometime before, foul with dirty old powder. There was a cake of powder over the whole surface of the metal. In my opinion, though the left barrel was left habitually unused and dirty, it is not possible that it would present the appearance it did on Tuesday if fired off with bullet or shot on preceding Friday. In Magistrate's Court the left-hand barrel-nipple was full of white powder, not only the cup of the nipple was full, but the vent. I did not notice this powder when I examined gun on Tuesday. I account for the fact that the nipple was covered with verdigr4s. If this vent had been full of this white powder when brought to me on Tuesday it would have been some evidence that that nipple could not have been fired off very lately. 172. Mr. Bell.] There was no difference in condition of the barrels at the breech. Lookkig down from the breech I could see no difference in condition of the two barrels.. Neither barrel was rusty. I did not feel the left barrel with finger, except at muzzle ; there it was caked. I judged that it was caked similarly all the way down. To the eye the left presented no difference to right in appearance. You can only judge of the caking by the feel, not by the eye. 173. If you had not felt either barrel at all, but judged only from appearances looking down the breeches, could you tell whether or not they had been fired off at different times?—No. 174. Mr. Buuny.] Looking down the barrel from the breech, after having been heated, would not that cause them to have the same condition ? —There was no heat applied, only sufficiently warmed. Dr. Cahill, recalled by the Court. 175. I think the account given by the police as to the dagger is correct. I used the dagger, and Mr. Skey, looking after, found no blood. It was washed first by one of the constables in cold water. I examined the dagger for blood myself. The constable wiped the dagger with a piece of rag at the morgue ; this was on the Sunday before the examination by Mr. Skey. 176. Mr. Bunny.] I placed the dagger into the wound several times right up to the hilt. I merely wanted to see if it fitted the outer wound. I measured it with other means. The wound was not just right up to the wound in the heart. I passed it into two or three of the wounds on the side. [Crown closes its case.] William Alfeed Fitzherbeet, examined. 177. Mr. Devine.] Am Engineer of the Hutt County Council. As such employed prisoner. I formed a very high opinion of prisoner. Was a very good workman. His moral character was good. Was first employed as an ordinary labourer. I promoted him to be foreman. 178. Mr. Bell.] As far as I know, I heard a good character of him. I never heard of his being a violent man or using threats. He was married between nine and ten years ago. Ido not know the children. William Buegin, examined, 179. Mr. Devine.] Eesided at Kaiwara. Have so thirty-five years. Know the prisoner at the bar eleven or twelve years. Am member of Local School Board. Formed a very good opinion of him. Has a very good reputation in Kaiwara as honest, industrious, and sober. 180. Mr. Bell.] Never heard of his showing temper or using threats. I believe his children attend the school. Married ten years. His eldest girl, to my judgment, about nine years of age. There are five children.

Verdict, after four hour's retirement, Guilty.

STATEMENT OE LOUIS OHEMIS. [Translation.] To His Excellency the Governor of New Zealand. 22nd July, 1889. I have pleasure in making an explanation to your Excellency with regard to my misfortune. I begin from the last day of May. On that day I was working opposite the Bainbow Hotel before twelve o'clock. After twelve o'clock I was working at the Government school: the work consisted in helping a young man of the name of Lee to put some gravel in a cart, and afterwards going with it opposite the hotel. I was five minutes arranging it, and then went again near the school to help Lee. I stopped work at half-past four, after having assisted Lee to put four bags of oats on the cart. I went into Cook's shop, and I took the newspaper. I came out and went on the cart, and I went towards my house. I came down from the cart opposite my gates; it was then ten minutes to five. A few minutes after I arrived at home. My wife was milking the cows. I gave them some hay, and after I went to take my horse on to the hill, and, after having fed him, I washed and cut to pieces a barrelful of mangold, and sent the cows out of the stable. I went into the house to make tea. It was then past six o'clock. This work I have done always. I get up every morning, together with my wife, at four o'clock to milk the cows, and afterwards go to Kaiwara to distribute the milk. It was half-past-six a.m. when a man to whom I was giving some milk, named John Mack, told me that Thomas Hawkings was dead on the road near his house. This was the first news I received. This Saturday, during the day, I received several pieces of news concerning the crime. This day, Ist June, 4—H. 33.