ALLEGED PERJURY.

Ashburton Guardian, Volume V, Issue 1594, 27 June 1887, Page 3

ALLEGED PERJURY.

At the R.M, Oour* thia morning before Mr J. Olivier, R M-, James Henry Toner, of Alford Foreat, farmer, and James Ballevant, of AWrod Forest, laborer, were charged on the information pf Edward Herring, with having committed wilful and corrupt perjury m teati«sony which they gave up^n oath m a essa Toner v Herring beatd m the Supreme Court, Timaru, on June 16 1886 In Toner's caee the alleged perjiuy waa contained m the following words:- 11 1 never took timber from Herring's bush I never was there before (meaning befcrd March 20 b, 1886). I did not any " never mind the old lass (meaning Mrs Pye). If she says anything tell her I'll marry her." t was never m Pye'a bnsh before, and never m the Company's bush «icept the day the Snrveyor was there. I never bat then went into the Company's bnsh or Pye's. I never got timber from either bash. Tbe policeman (meanlrg Oonftible Burke) went into the chaff house, then I went and Herring came last. They commenced to make a regular search. Mr Herring took the lid off the camp oven* Herring went into the chaff house and searched it and looked m the fiamp own and all round the room." In regard to Bullevant the alleged perjury was contained m the following :- "|We went there past the culvert. I cut some riokera m the bush I(meanlng Mrs PyVa bush) I did not out any in -any other •pot ; out five or six. Toner did not out •ny* we went straight through Pye's bush. I did not hear Toner Bay " Oh never mind If | tbe old lass (meaning Mrs Pye) says anything send her to me, and I'll marry ! her- " We were not m Herrring's bush at •,11."

The case against Toner was taken fiwt, Mff White Appearing to proseoate, and Mr Wilding representing the accused, The following evidence was led : — Epward Herring said : I am the manager of the AlfordEsta c I was the defendant In an aotlon heard m the Supreme Court «t Tfmaru on June 16 1886, and m which Toner was plaintiff. Toner gave evidence on his own behalf at the trial. I heard the evidence be gave. He gave evidence respecting my bush ; he laid that he had not been In at any time, that he had not been m Pye's bush or Herring's bußh at any time before or since Ma«-oh 27 1886 excepting the time when he was with the Surveyor. Toner said th&t be did not take any timber from Herring's bush, but ha tatd that he took the rick era from Pye's bush ; cutting some near the creek. la regard to his arrest, Toner said "Herring and the police constable came to my house. The constable went with me (Toner) Into the chaff-house. The constable searched the place. Herring etme m and looked about. He took the lid off the camp oven and looked In " That was all Toner said m regard to this natter. The statement made by Toner thatlwentinto the cbsff-housp, took the lid off the camp-oven and looked m is untrue. I did not go Into the chaff-house at ail. Toner made a reference to Mis Pyo at the trial. He said, " 1 never said if the old lass (meaning Mrs Pye) Bayß anything ■and her to me atd 111 marry her " He was asked if he had made use of the foregoing words id regard to Mrs Pye to John Nelsbn, and it was m aaswar to that question he made the denial I have jUted.

By Mr Wilding: I have not saen the Judge's notes of the trial at Timaru. I have read the account of the trial In fie Timaro papers, . but not recently. My recollection ia pretty clear of what took place at the trial. I gave evidence my■elfi I did not take notes of what the other witnesses said. I remember all that I said and I could repeat it pretty nearly, I said something m regard to previous disputes I had with Toner. At the .time of the trial and previous' y I was sot on good terms with Toner. A violent letter of mine m answer to another violent letter (which waa not read) w<xb read at the trial. I was net on notoriously toad terms with Toner. I was not on friendly terma. The action at Timaru <rai brought by Toner to recover damages lor a libel alleged to have been made Against him by me, and for *bioh he re. covared damages. (The letter, the subject of the action, was here put m.) Before the libel oiseal had laid an information egeinat To^er for stealing rlckers out of my bueh and he was fined 40a. That was followed by an article m the Christohnroh "Press" commenting oa the justice of the decision and my action as gnroseontor. I wrote a letter m reply to that artiole. (This letter, which was the aabject of the libel action, was here read.) I undertook, as far as I oonld, 1o prove the charges made m that letter. The main inue to the jury was whether Toner had stolen my timber. Mr George Harper was my counsel on t'>at occasion and, before the case went to the jury, Mr Harper «ok«d me if I would settle the OBB© as it would coat me over a hundred. 1 said that 7 would net give more than £60 If that £50 had been taken I suppose that the present charges of perjury would not have come on. At the trial -Toner said that he out the tickers m Pye's trash, and my witnesses said that he out Ahem In mine. The result went to show ■that the jury believed Toner's witnesees. I do not know if another would come to a different decision but I rely upon the justice of my cause. Plan (produced) was that put into Court at ttao trial. (The witness pointed out the location of Pyo's and the Company's bush ) Witness continned : The value of the riokers alleged to bare been teken was gone into at the Court. They were of morely Domlnal value. Toner took the rickers away m broad daylight »nd m the presence of my man, Hutohinson. Toner was arrested at his own hoose. It was not with my wish. I was present and held the conatable'a horse. I went on to Toner's premise* with the constable, a proceeding which the judge found I was not jußt fied m. I .did not search the premises. I do not remember Constable Burke asking me if ;1 had fonnd anything belonging to any other'person ; 1 do not remember Burke stating m his evidence m the trial at "Timaru that he had asked the question. "There wai no fence between my bush and Fje'a booh nor between the two bushei and the road. Pye'a bush has been all cot out and burnt, with the excoplion of ft small strip near the creek, Jit- the trial Toner had a good- character given him by several witnesses. >Sergeiut Felton flald that he knew nothing against Toner. 1 did not move for a new trial. I washed to do bo, but Mr Harper, my counsel, eald that it was of no use. lastrootions to bring the preeent action were given to my solicitor shortly aftec the trial At Timaru. I cannot give any reason for the information having been delayed so long ; the delay was not on my part. Re-examined by Mr White: shorty after the trial I instructed you (Mr White) to bring an action for perjary. Since then I have repeatedly pressed for it to be brought on. The delay has been against my fftoht March 27th was the date on vrhioh the rlokora were taken m the presence of Hutohinson. ToDer'a orreat, waanot by my wish or instruct ion?, There Is no fence between my bush and Pye's but there is a line. That line was well defined In March 18SC. In the libel action. at Timaru, witness was nned for £500. The action was tried before a common jury of four. Robert Kennedy: I am the bailiff of the R.M Court at Timaru and acting clerk of the Supreme Court. I was present at a trial, Toner v Herring m the Supreme Court, Timaru ia Jane, 1886. His Honor, Mr Justice Johnston, presided at the trial. The plaintiff, Toner, gave evidenca on hia own behalf L administered the oath m the usuel form.

,Johtt Hatohlnaon i I am a laborer In tfet iiiploy of Mr Honing. J know

Toner I know Mr Herricg'a buah, and a^oMis Pye'B bash. They adjoin. There is a well defined line cab through between the sections, and it was so m March of 1886. In that month I saw Toner m Herring's bush. It was on tbe 27th. He v*ai on the north side of I Heiring'B buih and about throe- or four chains a ray fn m the dividing line between Herring's aud Pyc's sections. He was about bye chains from the road. Ho. was carrying out t'mber, what are commbnly caljd ''tickers." He had a horse and drey on the road and it was there he was carrying the riokers. A man najned Bullevant was aßtijting Toner by out I . ing the rickers. When I first went into the bush I wished Toner ' good day." I asked him if he knew where he war, and he replied that he was m Pye's buah. I replied that I thought he had made a mistnks because he was m Herring's bash. He did no' reply, but I followed him out to the ro.d and Bhowed hi«n the peg and the survayed line. He did not to witness's knowledge, reply. I have been working m the bu^h for two and a half or three years and I know it well. I could not have made the slightest miataka as to where Toner was.

By Mr Wilding; I am not on bad terms with Toner. My stook have not to, my knowledge, trespassed on Toner's land. I do not know if Toner has Impounded any of my stook. At the Ooartf at Timara I do not remember having said that Toner was 6£ ohains from the road. 1 diA cot see Toner outting any rickers, but I saw Bullevant out soma. I can't say if I said anylhng at Tlmaru about Bullevaat catting the rickers. When I spoke to Toner hoth men were ia tbe bush, but they were not- within ordinary Bpeaking distance of each other. Toner was nearer tbe road than Bullevant, the latter being two or three chains farther up the bush. After speaking to Toner, I . went into the bush and spoke to BnUev»nt. I could not swear that I told him that he was m Herring's bash. I did net stop him catting. Toner came baok to get more rickers and I then went out with him to the road to show him the line. I did not think the cutting of the rickers a (serious thirg. The liokers hid some value.

By the Court : At Timara I head Toner swear that he never was m Herring's bnsh.

At tlrs stage the Court adjourned for an hour.

On resuming, John Nelson was called and said; I am a buahman and I live opposite Mr Herring's bush. I know Toner by Bight; I have seen hfm m Herriag'n bash I first saw him there ou March 5 h 18S6 He was two or three cbaina from the peg dividing Herring and Mrs Pye's bushep. He wsb carrying stuff out of the buah — wallplatee, rafters and rickera. He had a good deal of otnff on the road, and he had a dray there, ready to fut the stuff m. I kcow a track leading from the road into Mr Herring's bush, and it was on that track I aa w him. It was an old sledge track. I know the dividing line but it was not thai trick I saw him on. The one he was on was two rv three chains from the d'viding line. I have beeo on the track. The further one goes along tho further one gets away from Mrs Pyo'a buih. I saw Toner again en that | day week, March 12th. He waa on tbe same trick. I epoko to him. Ho owed me a few shillings, and seeing him there I went to him to speak to him about it. I »aw him again coming from the" bush on March 27th, I thick, the date on which Hutchinaon taw him. On tho 12th Toner had some timber rickers and heavier etuff, In the bottom of the dr^y. On the 27th he had some timber, but not a great load. On the 6th I waa with another man stocking oato at : Mtb Boultoo'B. Toner came up and spoke to us Toner said that he h»d came up for a few riokera and tsked where he could get them. I replied that there waa plenty of bush all around. He asked where the Company's bush was. I pointed it out. In was right opposite. He then asked where Mrs Pye'a bush wai. 1 pointed it oat to him and told him that it was private property as well fb the other. I told him to go two or three chains above the waterraoe and he would then be olear of the Company's buah and opposite Mr» Pye'o Bection. When I told Toner that Mrs Pye'a bush was private property too, he said "never mind. Tell the old ?ady that 1 wili marry her, U ahe j saya anything. " On erch of tha ocoasion« whon I Baw Tuner he had the man Bullevant with him.

By Mr Wilding : My evidence i*b as near as posaible the Bam q as that given by me m Timaru. I did not say anything about March sth then, as I waa not sura of tho date. I found out the date when I wont home I did not, to my knowledge, swear m Timaru thai I was ou bad terms with Toner. I enid that I had had a dispute with Toner about monoy. I was asked at Timaru if I had said that I would make it hot for Toner m Court. I denied having said bo I said to Mr . Knight, tbe storekeeper at the Bush, "Toner- is very foolish for going on with tht>. case. If I am semmoned it will b 3 hot for him." My reason for Baying this waa that I knew of his having gone to the Bush. I did nGt say I would make it hot for Toner, but that if I was called it would be hot for him. I had been mMr Herring's employ, having worked anme two years before this m the bmh. Ido not know if Toner and Herring; were bid frlenda. I did not tell Mr Herring of the occasion? oa whfoh I had seen Toner. I did nit tell him been use I was not asked. When Toner spoke to rco on the s:h Ballevant waa not more than two chains away and could hear what waa aald. Toner appeared to be anxioui to avoid going on tho Company's bush. When 1 b»w him on the Company* bush, I did not point out his mistake to him. I swear positively that it was on March sth when the conversation took place, I did not see Toner with any timber on the sth, but I did oa the 12th. (The witness correo^ed tho evidence given m hi* examination id chief, m which lift .said that he saw Toner with a quantity of timber on tho stb, saying lie understood the question to allude to the 12th.) lam not positivo whether I mentioned at Timnru tho tbroo occasions on which I flaw Toner. Ido not remember having boon asked tho question. Be examined by Mr White : I boor Toner no ill-will, although wo don't speak. Bullovunt waa not over a chain from Toner when tho latter spoke about Mrß Pye, Toner was nearly a chain away from ma. Oa thin occasion, besides Corrie, tho man wo>king with me, Mra Boulton waß present. I know Wm. Brown ; he waa stopping at Mrs Boultoc'u on the sih. I remember, after the 27th the polios constable and Mr Herring coming to my place and asking me if I knew whore Toner got tho timber on the 27th. I replied that I did not know aa I did not see whfoh way ha went up into the bush.

William Brown, bushman In the employ of Vlrßoulton, at Alford Forest, said there waa stacking going on at Bbulton's on March 5. He «aw Tocer, and another man on that afternoon opposite the Company's bush. Toner waa carrying timber and putting it into a dray, Toner wan on the traok loadina up into tha Company* buph and tbe dray waa on the road, Witness did not see him at Bonlton'B gate thatlday. Witness saw Toner some three weeks prior to this. His dray was then also on the road bnt aoma distance farther awaj from Mrs Pfo'u bu3h. Witness «eit into the Company's buah about March 7, and Ue thea B*w'B9me stumps freshly cut.

By Mr Wilding : Wltne?a did uot «o to Tlmaro. He waa not ooked to go. The first <aUau>tion he bad of being

called 88 a witness was on Thursday last Witness told no oria what he knew about the case No one told Kirn that March 5 was the dote on which he Baw Toner • he kuew it of hfa own knowledge

[Left Sitting ]