27

H.—33

or any lease of this property." On.the 24th December I again saw accused, just outside his house, on the pathway. 1 went for the purpose of serving a writ upon him, claiming performance of the agreement. I told him I had brought a writ for service upon him. He said, " I decline to take the writ." I then flung the writ on the ground beside him, telling him that it was service by bringing the writ to his notice as well as by serving him personally. I was within a few feet of him. He picked it up, and flung it back towards me down the hill, saying he would have nothing to do with it. I went down the path, and returned and took up the writ and flung it down again nearer him. I did not put it in his hand, because ho refused to take it. He did not say or do anything, but he had rather a threatening appearance. I was present at the trial in the Supreme Court. Mr. Devine acted for him. I believe Chemis gave evidence. I have nofseen him since. Mr. Bunny.] As a rule defendants do not like taking writs, and are often insulting. I should not have said the draft of the lease was taken for execution and perusal. I asked him if he would execute the lease. I did not take such a copy as could have been executed. It was only a draft lease. I did not ask him to sign the actual document. I did not read it over to him. I had written to Chemis asking him to name solicitor to peruse lease. I did not suppose Mr. Devine was acting for accused at the time. Our firm never set the case down for argument in Banco. Chaeles Bowles, sworn, saith : I am a labourer. I have been living for last few weeks at Mr. Hawkings's, but reside at Carterton. I came down to stay with Mrs. Hawkings on 27th March. I stayed a fortnight, then went back for a week, and came back again. I have been at Mrs. Hawkings's ever since. I am a cousin of Mrs. Hawkings's. I have known Mr. Hawkings about fourteen years. He has all that time lived in the same place. He had a farm about 400 or 500 acres, to the best of my knowledge. On Fridays he always used to go to town to take butter to Mr. Dickson's. He used to go with horse and cart. I brought the horse he used down from the Wairarapa, about eight years ago—a white mare. He drove that regularly. He always used to walk up the road or hill leading his horse. I know the white gate at the top of the hill. He always walked till he got through the gate. I have very often been into town with him. On 31st May I was at Mr. Hawkings's house. I had been cutting firewood for him, on his place, during the day. He left home about ten o'clock a.m., driving the white mare in the spring-cart. That was the last time I saw him alive. I was in the house on the evening of the 31st May. Mrs. Hawkings, her family, my wife, and self, and Mr. Harry Norman, a young " chap" who works for Mr. Hawkings, were there. Norman had tea with us, about six o'clock. He was milking immediately before tea. We went into tea together. The eldest child of Mrs. Hawkings's is sixteen years old, a girl; the next about fourteen, a girl; the next about twelve, a girl; there are two boys, the eldest about eight years old, and a baby. The children and all of us sat down to tea together. Hawkings generally got home before six o'clock at night; hardly ever later on winter-nights. He did not come in on this night, and I went out to look for him. About 7.50 p.m. I looked at the clock, and went down the road to look for Mr. Hawkings. I first found the horse and the trap about seven chains from Mrs. Hawkings's house, and in front of a small house which was recently occupied by Mr. Angus. No one has lived in it this year. The Angus's left it about twelve months ago. The near wheel of the cart was in the fence. I backed her out of the fence. I found the reins were tied up to the front board of the trap, as Mr. Hawkins usually tied them at the foot of the hill. I called out to Mr. Hawkins. I did not get any answer. I took the horse and trap to the house, and gave them to young Norman. I went back and found his body about twenty or thirty chains from Mrs. Hawkings's house, perhaps rather more. I know the exact spot, and could point it out on a plan. The body was lying across the road, his feet towards the bank and his face towards the edge of the road. He was on his face, with his head resting on his left arm. I spoke to him, and took hold of his wrist. I turned him over on his back. I put my hand on his stomach and found him to be quite dead. I left him and went down to the bottom of the hill, and I met James McCallum coming up from Dimock's, leading a horse. He was by the first gate from the main road. I took his horse, and he went to.Mr. Dimock's at my request. I stopped there till the boy McCallum and Mr. Dimock came up. I don't know his Christian name. Dimock and two or three men went up to where Mr. Hawkings was. I went to the telephone office at Dimock's. One of Dimock's telephoned to Dr. Martin, then to Dr. Cahill. The doctor came out —Dr. Cahill, and he and several of us went up the hill together. It was light enough to see the road ; there was no moon, but it was starlight. The wind was south-east. The body had not been moved ; it was as I had left it. Cahill ordered us to bring the body down the hill. The police had not arrived. The police came out, and the body was placed in Dimock's express. I did not go back to Mrs. Hawkins till after twelve o'clock. I saw the doctor and police go up to the house to examine the trap. Next morning, Ist June, I met Constable Carroll and another constable where the body had been found, about or 6.50 a.m. It was getting light by that time. They went up with me to examine the trap and the mare at the house. They examined the ground where the body was found. After they examined the cart they left, and I remained at the house. About ten o'clock I brought Mrs. Hawkings down. There were no constables there then. We returned some time before four o'clock. I saw Inspector Thomson and Detective Campbell near the bend in the road at the top of the hill. I stopped about five minutes with them. They were picking up some pieces of paper and pieces of Mr. Hawkings's coat which had been blown off, pieces of cloth. I was asked some question about the wind, then we went on. I have not known much of accused lately. I have often seen him working on the Hutt road. Mr. Bunny.] You would°have to walk in a south-eastern direction, in a direct line from the house, to where the body was found?—Mrs. Hawkins's house is nearer to the spot than the Khandallah Eailway-station. I left off work about 4.45, and milked after. At 5.30 I was milking. The cowsheds are two or three chains further from the house. Harry Norman was with me milking. I did not hear any shots fired that night; no one mentioned having heard one. Ido not think I should have heard two shots fired, if they had been fired, with a south-east wind blowing— not so