Burgess You said in the Magisterial evidence, that one of us had said, on crossing tlie r'fVer, that it was a b —y country, and we are going to leave it. How is it that you did not then, as now, particularise nie as having said it ?

Mr. Jervis: Because I never 1 was asked which of you did say it. The Judge: Was it Burgess who made use of the expression ? Mr. Jervis: Yes, your Honor. Burgess: Are you sure that it was me ? How far were you oif at the time ? Mr. Jervis: About thirty yardi, I think The river was running between us at the time, but there was no chance of any one being mistaken in the nature of the salutation, I did not dine at Mr. Owens' Mitre Hotel on Sunday. I saw you first in the cells at the lock-up. When I saw Sullivan in the lock-up, I said, " Well, old fellow, what are you here for ?" I also asked him if he felt cured of the dysentery, He said, " Yes, he had felt nothing of it." I said, " You by wretch, I wish I had poi soned you at the time." I thought then that he had something to do with t'ue missing men. When I said this, he drew back to strike me, but the officers pulled me out. Cross-examined by Mr. Pitt: I gave the mutton to Burgess. I saw Levy at Canvas Town. He was dressed as a digger. I did not notice particularly how he was dressed. He had a greyish shirt on. I should not have known what scarf he had on. Mr. Sharp told me to search for the hoop iron from which pieces had been cut oif. I did so. The evidence of the other witness examined this day was unimportant, relating chiefly to the identification of the prisoners at cular periods, both before and after their arrest

FOURTH DAT. Satuedat, Sept. 15,

The Court resumed to-day at nine o'clock.
