77

I.—2b

47. Then you have only your memory to rely upon ?—Yes. 48. You remember the murder of Bennett White and the mailman V—Yes ; very distinctly. 49. You were at that time Clerk and Interpreter at the Magistrate's Court?— Yes ; and during that month 1 was attending a Compensation Court on behalf of the Commissioner at Whakatane. I reached Opotiki very early in July. 50. Do you remember whether Colonel llarington was in command in June?— Yes. 51. And do you remember any part of the month that Colonel Harington was away and Captain Goldsmith was in command?-—No, I do not remember that. 52. Do you remember the fact of his being away ? Do you ever remember Captain Goldsmith being in command at Tauranga ?—No ; I only remember him being in command of the No. 3 Company, I think, of the Ist Waikato Militia. 53. Would Captain Goldsmith be the second in command at Tauranga, if Colonel Harington was away in the month of June, 1867 ?—I think Captain Hunter would be. 54. Captain Hunter was killed, was he not?— Not until June, 1868. 55. At the Bald Hill ?—No, at Okotuku, in the Wellington Province. 56. Do you remember being in Tauranga in the month of June, 1867 ? —Yes, I have no doubt I was. 57. Do you remember on any occasion riding any distance along in the direction of Opotiki for the purpose of companionship with McDonald and Wrigg ?—Certainly not; I never rode in company with Mr. Wrigg. 58. Or with McDonald? —I have often ridden with him. 59. Were there tv»o Captain Mairs there ?—No. 60. You were Captain Mair at the time ?—No ; Lieutenant Mair. 61. You remember riding with McDonald?—Several times. I never rode with McDonald on that ride to Opotiki. 62. Would you call it two miles from Tauranga in the direction of Opotiki ?—No; I have never ridden over that part with McDonald. 63. Do you remember reading a statement of Mr. Wrigg's where he mentioned that fact, and said that, " to the best of his recollection, you accompanied him along the beach " ?—1 denied that specifically in my affidavit. 64. Now, were you intimate with Major St. John ?—Yes, very. 65. Are you able to state that he never mentioned Wrigg's name in despatches with favour ?— Certainly not. He never mentioned his name to me. 66. You know nothing about his despatch-writing : did you ever ace the contents of his despatches ?■—Many times. lam not able to say whether he wrote in favour of Mr. Wrigg or otherwise. 67. Then, when you used the words in your affidavit, " that he never mentioned the name of H. Wrigg with favour," you mean he never praised Mr. Wrigg to you? —That is it. 68. You mean he never discussed the matter with yov : you do not mean any slur upon Mr. Wrigg?—No. 69. Do you know any one at all that Major St. John ever recommended for the Cross?— Yes. 70. Who?— Captain Angus Smith. 71. Was it on Captain Angus Smith's own solicitations?—-I do not think it was; I never heard so. 72. Did you know Captain Moorsom ?—Yes, I did. 73. Will you look at Exhibit No. 29, on page 90, viz. : " On the 7th June. 1869, when a party of cavalry in charge of Cornet Smith was surprised at Opepe by Te Kooti's baud, and nine men out of thirteen were killed, Cornet Smith, though suffering from a desperate wound in his foot, set out with the object of finding the tracks of his commanding officer, and apprising him and the party with him of their danger, when a less brave or thoughtful man would have proceeded straight to Fort Galatea, which post no doubt he would have reached in forty-eight hours with comparatively little risk, and with the certainty of getting medical assistance for himself. On his road Cornet Smith was captured by the rebels, tied up to a tree, and stripped of all his clothing and Crimean medals. Pie was in this position four days without food or water when he managed to release himself, and proceeded to Fort Galatea, which he reached on the 17th June, having been ten days without either food or clothing. On account of his wound he had to go for a considerable distance on his hands and knees, and to risk his life thrice by swimming rivers.. Recommended by Captain Moorsom." Will you tell me what that " Captain Moorsom " means?—l was under the imnression it was Major St. John. 74. Then, Captain Moorsom is the man who recommended Angus Smith. That is a slip of yours ?—Yes. I know Major St. John strongly approved of his (Angus Smith's) obtaining the Cross 75. For how many years after 18G7 were you intimate with Major St. John ? —I knew him up till 1875. 76. Are you aware that the institution of the New Zealand Cross did not take place until 1869 ? —Yes. 77. Then, for the first two years after the ride it would not be likely that the question of conferring the New Zealand Cross would he discussed, because it was not even instituted ?—That is so. 78. You know the road, of coursfe, well, from Opotiki to Tauranga?—Yes; I have travelled over it hundreds of times. 79. Do you agree with certain gentlemen who have been called to give evidence here, and who have said that the road was dangerous from Opotiki to Ohiwa? Mr. Kelly, for instance (question 320) was asked, " Do you consider it would be a dangerous thing to ride along that road the day after without an escort ? "- —in the vicinity of Ohiwa -and he replied, "I consider it would be a dangerous thing." Then he whs asked that question 321, "Will you say it was a hazardous undertaking, With a great deal of <lang<T? " and he replied, " Yes. I heard it remarked in Opotiki at the time that the two men that went would likely never come baftk." Now, Mr. Kelly heard