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Charge No. 3. 15th March, 1902. Joseph Swindell Williams, constable, stationed at Nelson, states : — Examined by Inspector Macdonell. —l remember on the 18th July, 1901, at about 12.20 a.m., when coming from the Government Buildings towards the police-station, seeing Constable Burrell, who was in uniform and supposed to be on No. 2 beat, go into the police-station and almost immediately come out again. He then went to the corner of the street, and returned to the station with Constable Durbridge, who was in plain clothes, and two females, named Kate Smith and a Miss Kitching. I went into the passage of the station and could then hear them all talking together in the single men's mess-room. I then went and called up Sergeant Mackay and reported what I had seen. The sergeant then came to the station. He went into the mess-room and then returned to the passage and called out Constable Burrell. The sergeant and Constable Burrell then went into the sergeant's office together and remained there together some little time —a few minutes. After coming out of the office the sergeant said to me, " Constable Durbridge had brought his girl in to supper ;we will attend to this matter in the morning." The two young women and the constables left the mess-room soon afterwards, and all went away together along St. John's Lane or Harley Street. I saw nothing more of any of the party that night, except Constable Burrell, who came off duty at 1 a.m. Ido not know why he came off at that time, but I remember the sergeant told him to come off at 1 a.m. when we were paraded for duty at 9 p.m. I made a report of the occurrence the following day, and was about to hand it to the sergeant, when he said there was no necessity to report the matter. I did not put the report in, but retained it until I handed it to you about three weeks ago. The report I handed to you was the identical report I made to hand to the sergeant the day of the occurrence Kate Smith at that time was a barmaid at the Eoyal Hotel. lam not aware that she has been barmaid at any other hotel in Nelson. Miss Kitching was about that time, I believe, in the employment of Mr. Jones, who keeps a bootshop in Bridge Street, Nelson. I believe the young women are related to one another through marriage. Cross-examined by Sergeant Mackay.] I first made a report on the matter on the same day of the occurrence, after I got out of bed. I told you on the verandah of the station that day that I had made a report. I said nothing to any one about the matter after that until the Inspector spoke to me during the Nelson Jubilee festivities about the matter. This would be some time during the first half of February ultimo. I think the Inspector spoke to me first on the subject. The Inspector asked me something about two females being on the station. The Inspector asked me if I remembered some girls coming into the station. I said " Yes." I had not given my report to the Inspector prior to that date. The Inspector asked me if I would give him a report on the subject, and I did so. I had the report all ready, and gave it him. I did not give you the report, as you told me the Commissioner would only laugh at me. lam positive I made out the report which I handed to the Inspector on the 18th July last year after I got out of bed on that date, with the intention of handing the report to you, and I should have handed the report to you had not you told me the Commissioner would only laugh at me. No third person was present when the conversation between you and I occurred on the verandah on the 18th July. I went to Greymouth on the 2nd March instant. I then wrote a report for the Inspector, but that report had no reference to this matter. I made no report whatever on this matter at that time. lam sure it was Constable Burrell who came into the office with you on the night of the occurrence in question. The constable and you might have been together in the office five minutes. The Inspector first spoke to me in the street. I did not go to him. I first saw the young women as they were entering the station. The two constables were with them. I called you up within five or ten minutes of seeing the females enter the station. I was waiting about the passage at the station during the period which elapsed between the females entering the station and calling you. You remained at the station about five or ten minutes after you had been into the mess-room and seen the females. The constables and females left the station while you were standing in front of the station-door. Ido not know anything against the character of either of the young women. Questions by Commissioner.] While the females were in the mess-room the door leading into the mess-room was open, and any person standing in the passage could hear the laughing and talking going on. The gas in the mess-room was, as far as I could see, turned full on. I saw nothing to lead me to believe there was anything improper going on between the men and women while they were in the mess-room. There is no mistake about the report I handed to the Inspector about three weeks ago being the identical report written on the same sheet of paper which I made on the IBth July, 1901, and which I should have handed to the sergeant had he not said the Commissioner would only laugh at me if I did so. The report, when I was about to hand it to the sergeant, was in exactly the same condition as it now appears, with the exception of the stamp and the pencil notes in margin. lam unable to explain how it is that the remarks alleged to have been made by the sergeant about the Commissioner laughing at the matter appear in the report, which I have stated was made before such remarks were uttered. I may not have had the report finished when the matter was discussed between the sergeant and myself. J. S. Williams. Defence. Sergeant Edward Mackay states : — I made a report in answer to this charge on the 6th instant, and desire that report put in. [Beport hereto annexed.] Complaint No. 3. I beg to state that one night during last winter Constable Williams called me up and informed me that there were women in the men's mess-room. I went to the mess-room, and there saw two young women, who I knew to be respectable, also Constables Durbridge and Burrell—one of the

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