She had no hesitation iv pointing him out. At that time he had scratches down his right cheek. They appeared to be recent scratches. I took him ou the following Wednesday to the Resident Magistiate's Comt, Onehunga, aud ho was committed f»r tiial. On the load from Otahuhu to Onehunga, he made a statement to me. I did not hold out any induce ment to him to make thpt statement, uor did I say anything about its being of advantage to him to tell the truth. He made this statement voluut.iuly. He said lie was in the house, but did not assault the old woman. Cross-examined by Prisoner : On the way to Onc hnnga I did not say to you, that if \ou pleaded to being 111 the house, drunk, it would be better for you j-and that you would get off with imprisonment for 14 days. I did not give you a glass of rum at a public house, on the way to Onehuuga. There is 110 pubic house on the road. The prisoner's statement, when tried at the Resi dent Magistrate's Comt. Onehunga, was then read. It was 10 the effect that he had no witnesses to call. He admitted being in the prosecutrix's house, but w as too drunk to know what he did. This was the case for the prosecution. The prisoner called tlie following witnesses: — John Power, said : On the evening of the 10th September, I saw you iv the cani|>. About quaiter to seven o'clock you were drunk : your mouth was cut from lighting with a man of the 12ch Regiment. I a-ked you to come to the hut w ith me. but you did not. T went away, and when li< turned you were .still with the soldier belonging to the 12th Eeiiiment. lam not sine that 1 s uv you after that. Terence Rpriuhtley. deposed : On the evening of tho 10th Kpploinber, I saw you about quartei to six o'clock. You weie diun!; ? outside the cmteendoor. I saw you about half- past seven, aud fioui that to tattoo James Franklin Paid : I am a private in the 70th Regt. On the evening of the 10th September, I was on sentry, between the hours of 5 and 7. 