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179. Take the case of Gower. Was he arrested ? —No, he got away. 180. In that case the discrimination did not work ?—No; two heads were not better than one. 181. Was this constable shortly afterwards promoted to the charge of the Waipawa Station?— It was not promotion; it would be the same rank. 182. Has he been promoted since ?—He was promoted to the rank of third-class sergeant on the Ist January, 1898. 183. Do you remember whether Mr. Hall, the then member for Waipawa, saw you about Treanor, and interceded on his behalf ?—I do not remember any verbal conversation. There is a letter from Mr. Motley to Mr. Hall, who apparently sent it on to the Minister. It is as follows:— Dear Sib,— Woodville, 25th July, 1895. When writing you to-day there was a certain matter which I should like to have mentioned, but scarcely thought the circumstances warranted my doing so. Since then, however, events have transpired which render it necessary that I should place you in possession of full particulars, which are these. It appears some time ago Monckton Bros, lost some cattle from Oringi, and the other day discovered some of them in possession of J. Harris. Monckton questioned Harris as to how he came by them, and was informed that they were bought at the Monteith Sale-yards. On further inquiry it was discovered these cattle were put in the sale-yard by Mr. A. Gower, of Victoria Block. Monckton fully acquaints Constable Treanor of the particulars, with the result that an information is laid and a warrant isued, both brought to me for signature (and duly signed). But I remarked that to issue a warrant was taking the most extreme measure upon what might probably be slight information. However, the complaint and warrant were handed to Constable Treanor, and I afterwards saw Treanor and expressed myself in similar terms that I had done to Monckton, and he decided not to act until further particulars were obtained. From further information which Monckton got it left no doubt that Gower had stolen the cattle. I subsequently saw Treanor, and during a conversation with him said it was discretionary as to whether ho arrested or proceeded by way of summons. (See Johnston's Justice, Vol. 1,, page 207, No. 677.) That considering Gower was a settler and a man of fair repute, and had his family here, a summons would answer the purpose, as he was not likely to abscond. The result being that a summons was issued and served for him to appear at Court to-day before the S.M. In the meantime Gower has disappeared. And I am informed that Carlile, as well as Mr. Williams, of Williams and Abrahams, Palmerston North, is reporting the matter to the Defence Minister, with a view no doubt of having Treanor punished in some way. Now, the true position is this : A warrant is a mandatory document, and probably Constable Treanor should have executed it upon becoming satisfied that Gower had committed a felony; but at the same time, looking at it from all sides, I believe he was partly influenced by my remarks in delaying the execution of the warrant, and at the same time he concurred in these remarks, and,thought a summons would answer the purpose. Had Gower been arrested he no doubt would have applied for bail and got it; there would still have been a possibility of his absconding, although had he have done so the constable would have been relieved of all responsibility. The question now arises that, assuming that the Defence Minister considers Treanor has shown a remisaness in his duty, and he deems it necessary to inflict a punishment, I sincerely trust that you will use your best endeavours in placing before the Defence Minister matters which have come under your own observation respecting him, and which may tend to mitigate the punishment, so as not to inflict a hardship greater than necessary. It cannot be denied that Treanor is a good man, and carries out his duties conscientiously, and the fact ought not to be lost sight of that he has been injured in the service, which to a certain extent incapacitates him from starting life afresh. That to think of discharging him for an error of judgment would be inhuman, after eleven years' of faithful service. And if the Defence Minister decides to remove him, I do not think the confidence would be misplaced if he gave him charge of an out station. He feels his position keenly, hence my writing you. I remain, &c, Mr. C. Hall, M.H.R. J. Motley. 184. Mr. Hall would in all probability see the Defence Minister ?—Yes. 185. Mr. Tunbridge.] As a matter of fact, the constable did go out that night'?— Yes. 186. But did not find Gower?—No, but he should have stopped there. 187. Will you kindly read paragraph 45 of the Police Regulations?—" Officers in charge of districts will, as far as practicable, act in accordance with the wishes of the Benches of Magistrates, for which purpose they will frequently communicate personally with the Magistrates to ascertain whether their lawful orders are duly carried out by the members of the Force, and whether they are active, diligent, and efficient in the prevention of crime or the pursuit of criminals, and orderly, respectful, and steady in their conduct." 188. That means a constable in charge of a sub-district ? —Yes. 189. Do you consider that in a measure places constables under the direction of Magistrates ? —That was what I was trying to explain to Mr. Taylor. 190. Mr. Taylor.] Surely that regulation 45 will not bear any such construction ; it was surely never meant that a Magistrate or Justice of the Peace, who may have no legal knowledge whatever —and the majority of them have not a fraction—is to overrule the judgment and plain duty of a constable ? —I do not say it is. ■ 191. Colonel Hume : In regard to Sergeant Shirley, whose name came up earlier in the day, I find I sent the following memorandum for Inspector Pender on the 14th December, 1893 : " As soon as the new police-station at Mount Cook is handed over by the Public Works Department, you will be pleased to take it over and open it. Second-class Sergeant Shirley will be transferred from Dunedin and placed in charge of Mount Cook Station. It would be well to arrange for the grey cob ' Waverley' to be kept at the central station in future as an emergency, and the constable told off to ride him could patrol round the suburbs at uncertain hours after dark.—A. Hume, Commissioner." Sergeant Shirley was accordingly transferred. 192. Mr. Taylor.] When did the transfer take place?—On the 19th April, 1894. 193. And when was he retransferred from Mount Cook to Dunedin ? —On the Ist February, 1897. 194. Have you any complaints against him on the Inspector's file ?—lt will be recorded here on his defaulter's sheet if he has been punished. He entered the service on the 24th June, 1872. The first entry is on the 4th January, 1873, " Neglect of duty in not examining the Union Bank, the door having been found open at 5 a.m. Cautioned to be more careful in future." On the 18th September, 1873, " Absenting himself from his post when on reserve duty, and gross insubordination to Sergeant O'Neill when spoken to on the subject. Severely reprimanded." On the 26th October, 1874, "Absenting himself from barracks without leave. Cautioned." On the 3rd November, 1874, " Neglect of duty in not finding out and reporting that the office door of

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