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WALLER'S CASE.

Yesterday, Frederick Waller was brought before the Police Magistrate upon remand. The Crown Solicitor called George Ernest Hamilton, Inspector General of

Roads, who deposed that he knew the prisoner. He produced accounts for stone, certified by himself. Met the prisoner only once while the work was going on. He was then acting as Superintendent of Con- victs. The interview took place on the 23d of Sep- tember. Certified the accounts after examining the stone. Mr. Hargrave, the Surveyor, measured it. By the prisoner — Signed the bills upon the autho- rity of the Surveyor. Prisoner — ¥ou have signed those bills and been banboozled out of £350, upon the authority of a man who knows as much about cubic measurement as a pig does about making a watch. The fact is the stone has never been delivered by the Government, and I advise them to stick to every inch of it. Mr. Hamilton— And I hope they'll stick to you too. Prisoner — Ah, you've made up your mind to answer no questions, but we'll see if we can't get a little more out of you when we get you before the Supreme Court. The fact is you're rather rusty this morning Mr. Hamilton — With such customers as you I am. Charles Townsend Hargrave, Surveyor to the Central Board, deposed that he certified the accounts on the 7 th September, upon the measurement of the overseer, Mr. Collins. Prisoner— That man is very much wanted. The Crown-Solicitor — He shall be forthcoming. Witness continued — Saw the prisoner several times while the work was going on. He was acting as Superintendent of Convicts. By the prisoner — Had not time to measure all the metal himself. Measured one heap and found it de- ficient. Called the attention of Mr. Waller and the overseer to the fact. It should have been 151 yards and some odd feet. Said he would take it if the quantity were made up. At that time the second heap was not ready for measurement. Was obliged to depend sometimes on the overseer, who was a re- spectable man. The Magistrate said these questions had nothing to do with the matter before the Court. They only wanted to know what the prisoner did with the money he received. George Wright Hawkes, Norwood, Chief Clerk in the Colonial Treasury, identified the signature of the prisoner to the receipt for £357 8s. 61. Was not able to swear positively to it, but had paid salaries upon a similar signature. The amount had not been paid into the Treasury. By the prisoner - It would have been the Sheriff's

duty to have paid in any money for his own depart- ment, but it would have been received from you if you had brought it. There was special authority to that effect. I have received no payments from you, but always from him. The prisoner said he could not understand how the case could be sent before a Jury. He was committed for trial at the Supreme Court, and said "Very well, your Worship, I shall most   likely say something there." The prisoner was further charged with embezzling two pistols, the property of Her Majesty, on the 10th November last. William Hinde, Walkerville, Clerk to the Judges of the Supreme Court, deposed that in October last he was Deputy-Sheriff. At that time prisoner was Superintendent of the Couvict Department. He made a requisition for a number of articles in the second week of October, and among them was a brace of pistols. They were for the use of the con- vict department. The armoury is in the Goal, and under Mr. Ashton's care. Gave the prisoner an order on the 14th October to Mr. Blyth, of Hindley street, for the pistols and other articles (order pro duced). About the 25th or 26th of October the prisoner brought him the bill produced, and stated that he had got the brace of pistols from a person named Joseph Jones, as they were equally good with Blyth's and two guineas cheaper. Did not know at that time that he had got the pistols from Blyth's. In Blyth's account sent in that month they were not entered. Certified Jones's bill upon the strength of the prisoner's statement. In the month of Novem- ber, after Waller absconded, Mr. Blyth informed him that the prisoner had bought a brace of pistols of him. Looked at his books and found them entered. The account was sent in and certified about the latter end of November. Never received the pistols from the prisoner. By the prisoner — Gould not, of course, identify the pistols, as he had never seen them. Could not say whether they were the prisoner's private property or the property of the Crown. The prisoner — I am charged with stealing a pair of double-barrelled pistols, and these were single. Witness — One of them is double and the other single. Prisoner — Who brought Government account to you for the single pair of pistols ? There was no order for a single barrel. J. B. Blyth, merchant, Hindley-street, recollected prisoner coming to his shop on or about 14th October, as Superintendent of Convicts, to inspect goods. Believed those produced to be the same. By the prisoner — You had the pistols on approval,   to show to the Dep lty-Sheriff for his approbation. You expressed doubts whether he would authorise the purchase of so expensive a pair. The price was £10. Received no answer on the subject; but their   not being returned was considered a tacit approval. No period was stated for their return. Had supplied goods before upon the prisoner's order without an authority from the Sheriff. By the Crown Solicitor — Had other pistols of the same kind and would produce a brace at the Supreme Court. They were never returned, but were paid for by the Government. Goodman Hart, landlord of the Family Hotel, Currie-street, had known the prisoner as a lodger for about six weeks before he left the colony. Had seen the pistols produced (a second pair) some time before the latter end of October, perhaps between the 18th and 25th. They were the property of a person named Jones, who was staying at the house, and brought out a great quantity of firearms. The pri- soner bought a pair of pistols of him ; saw them lying on the table in the back parlour with several others. Their appearance and that of the box were precisely similar to those produced. They were sent bv the boots with another pair to the Gaol at the pri-

soner's request. The other pair had double barrels, and resembled those identified by Mr. Blyth. The boots went with the pistols in company with Waller, but returned in five minutes. He could not have had time to have gone to the Gaol and back. The account produced was that of Joseph Jones ; had re- ceipted it at his request, having received tbe money for him at the Colonial Treasury. Advanced £8 out of the price (£10) for Waller, as Jones would not give him credit. Jones subsequently went to Mel- bourne. Saw nothing of Waller after he went away with the boots. By the prisoner — I cannot swear whether you pur- chased them for your own use or for that of the Go- vernment. Corporal Heslop stated that he brought the pri- soner from Sydney. Received both braces of pistols and two gold watches from Inspector Holmes there as part of the prisoner's property. He claimed the watches as his own. Prisoner — How do you know the pistols ? You go right bang into the thing as if you meant business ; swear point blank right or wrong. Why did not you take me in Melbourne without putting the Govern- ment to the expense of going to Sydney? It is all very well for you to claim credit as being an efficient officer, but the fact is you wanted the trip. You're a big man, but you're no match for me. Witness — I brought you here at all events. William Baker Ashton, Governor of the Gaol, had known the prisoner as Superintendent of Con victs. Kept the armoury at the Gaol, which had nothing to do with the convict department. The prisoner would have been allowed to put his pistols there, but he never did so. Never saw the pistols now produced in the armoury at the Gaol.   Prisoner— The pistols are my own personal pro- perty. It is of no use the Crown trying to claim them. His Worship, to the prisoner — Do you wish to say anything ? Prisoner— Oh no; it's no use saying anything here. Of course you mean to send the case to the Supreme Court. At the same time I think the Crown Solicitor has not acted right in bringing charges against me without notice. His Worship— If you wish for a remand you shall have it. The prisoner— Oh no ; but I shall be obliged by a copy of the depositions. The police have taken out of my hands the means of retaining counsel, and I shall therefore have to do the best I can for myself. Committed for trial to the Supreme Court. The College Cricket Club. — A, meeting of this Club was held yesterday afternoon, when it was determined to accept the challenge of the Ken sington Cricket Club for a return match on Saturday next upon the College ground. The terms are to be age for age, no player being admissible above 18 years old, and the united ages of each eleven not to exceed 158. - ? '' ' v ''

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