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16

[F. H. DURBRIDGfi.

came up, and we jumped out on him on the narrow track. He, of course, stood quite surprised. He said, in answer to our questions, that his name was not Walker ; that he had come from Canvastown and was going to Nelson. He saw our revolvers, and asked, " What are you doing with these ? " I believe that I said, "We are just going over here for a bit of shooting." He said he was very hungry, and we gave him some lunch, and he went about his business. We did not tell him our mission at all. 164. You are quite sure that neither of you drew a revolver on him ?—I am positive. I will swear to it. 165. Walker, the complainant, says that you did. How far off was he when you met the boy ?—He was some four or five miles away at the time. 166. What sort of treatment did Walker receive at the police-station ?—The very best of treatment. 167. Was he searched before he was put in a cell?— Yes, by Constable Burrell. Constable Kemp and I searched him at the camp; and then at the station Constable Burrell searched him, before he was placed in a cell, in the presence of Kemp and myself. 168. He states that he had in his possession the night he was in the cell a razor, I think, and a knife, and some cartridges and matches: can that be true? —No, he had not; because I remember quite well that Burrell took his belt off with a sheath knife. 169. You are quite certain that Walker was searched ?—Quite positive. 170. He had rather a large stock of things, did he not ?—Yes. 171. What load did you give him to carry down the Maungatapu?—l gave him a ham, about 12 lb. in weight, rolled up in a blue blanket. 172. He says that he came down laden like a pack-horse, and you came down without anything : what were your and Kemp's swags ? —We carried over a hundredweight each right down to the trap at the foot of the hill. 173. Sergeant Mackay was waiting at the foot of the hill with a trap?— The boys carried two hams up the hill on the other side. Walker had a ham and a blanket ; Howard carried a ham and a blanket too. 174. They had some goods planted in a cave on this side of the hill ?—Yes, just over what they call the horse-bridge. 175. Were these collected and brought down ? —Yes. That is where Kemp and I made up our loai. We walked up the other side with nothing, but we picked up our load there and carried it along. 176. Are those the whole of the circumstances connected with the boy's arrest ?—Yes. 177. He was tried in Nelson?— Yes. 178. Was he convicted on any of the charges ?—He pleaded guilty to all charges, and was admitted to probation. 179. Do you know who sat on the bench?—-Mr. Eobinson, S.M., and Mr. Trask, the man whom the boy went to work for immediately afterwards. Mr. Magmnity : 1 would ask you at this juncture, Mr. Chairman and gentlemen, to note that in this correspondence Walker's statement is absolutely contradicted by his mate Howard, and also by his own relations. You will see that in the correspondence. 180. Mr. Maginnity.] Did you see any marks, Mr. Durbridge, on Walker's legs from the weight of the handcuffs ?—No ; there were none. 181. He says that his legs were scraped owing to his being manacled ?—The handcuffs were not on his ankles ten minutes. 182. Hon. Mr. Hall-Jones.] He was handcuffed, and had another pair of cuffs on his legs?— Yes. We were in the bush, and realised that if lie got half a chance and got away we had no chance of catching him. 183. What was his age ?—He would be about eighteen or nineteen. 184. And what style of physique ?—He was rather weedy to look at—wiry and thin. 185. How did you put the handcuffs on his legs —one round each ankle ? —Yes, the chain being between his legs. He was not asked to move about while handcuffed like this. I carried him into the tent. 186. On the following day you brought the hams and the swag back?—We brought two hams, two blankets, and a bridle into Nelson. 187. Did Howard and Walker carry all the stuff there was to carry? —One carried a ham and a blanket, and the other a ham, a blanket, and a bridle. 188. What became of the hams?—Wilkie Bros, got them, I think. You will see from the papers that the goods were returned to the owners. 189. They were returned from the police-station to the owners ?—Yes. 190. Mr. Maginnity .] There was something taken from Kirkpatrick's ?—Yes. 191. What was it ?—Sundry articles —oatmeal, rolled oats, cornflour, jam, sugar, and washingsoda. 192. Do you know what became of these things?— Yes. They were at the police-station, and Kirkpatrick's office was rung up, and Mr. Duff, the manager, came to the station and had a look at the goods. He received them, and left a receipt. He came up again and said that it was no use his taking the stuff back again ; that we men were there on the premises, and if we would take it he would sell it to us for so-much. Kemp said that we would give him so-much for it, and eventually he said, " Very well; I will give you a receipt," which he did. 193. He really sold the stuff to you at the barracks ?—Yes ; to the single men messing at the station. 194. Hon. Mr. Hall-Jones.] Do you know whether Kirkpatnck had been paid for the jam prior to their selling it to the constables ?—I do not for a moment think they had.