ALLEGED PERJURY

Ashburton Guardian, Volume V, Issue 1595, 28 June 1887, Page 2

ALLEGED PERJURY

The following evidence was taken after we went to press yesterday: —

Benjamin Cortie, residing at Alford Forest, said he was stacking oats for Mr Boulton on Maroh sth, 1886. Toner and another man came up on that day. They had a horse and dray. Toner left the other man m the dray and oame over to the stack. He asked Nelson whore he oould get some tickers. Nelson fatd there was plenty of bush about. Nelaon and Toner then went towards the gate, and witness oould not say what conversation ensued.

George Bonlton, a lad, remembered the ataokiug o.i the sth of Maroh last year. Witness was oar ting iD. He went up the road past the Company's bush. He saw Toner oarrylng wood out of the Company's bush and putting it on a dray, which was standing on the side of the road.

Oaroline Boulton, residing at Alford Forest, knew Toner by sight. Saw him at her plaoe some time m Maroh last year. He was asking Nelson about getting some stuff out of the bush. When Toner was going away, Nelson told him that he mast not go on to the Company's land or Mrs Pye's. Toner replied something to the effect "Never mind. Tell the old girl I'll marry her." Toner then went down the road towards the Company's ssotion. Witness subsequently saw Toner m the bush j he was carrying stuff out. Witness saw Toner and the other man on two occasions subsequently. They were taking stuff out of the bush.

Constable Barke, stationed at Methven, i said : I know Toner and I know Mr Herring's bush, I went into the bneh on April lat, 1886. Saw Btnmpa of rlokers and round rails. This would be from seren to ten chains from the road, and three or four chains from the boundary line, I examined the stamps and saw the lmpTeß>ioa of a> gap m the ax© with wbloh they had been cut. I saw Nelson and then went with tbe informant to Toner's plaoe. Saw some rlokers and rails there of the same olass as had been oat m the Company's bush. I examined the rails and found the mark of a &ap m the axe, the same as the stumps bore. When I went to Toner's I went Into the ohsff-house. I did not see Mr Herring go into the chaff-house. lam not aware of Mr Herring having made any search abont the place. Did not see Hetrlng do anything to a camp oven.

By Mr Wilding— Toner was arrested. When thfl oase oame before the Magistrate, I do not think I said anything about the gap mark m the rlokers. At Toner's plaoo. Mr Herring fl-st notioed the gap mark on the rlckers, and called my attention to it. Ido not know of my own knowledge the boundaries of the Company's bush, and oannot swear that the stamps I saw were on the Company's 'land. At Timaru I remember saying, " I told Mr Herring that 1 would arrest Toner unless he (Mr Herring) desired the oontrary," If Herring had desired to himself prosecute l would not have arrested Toner. I cannot say positively whether He/ring was ever m the ch?ff house or not. The premises were searohed, but Mr Herring did not assist In the search. I aeked Herring if he had found anything belonging to him. I do net remember stating at 'i im&ru that I asked Mr Herring , If he saw anything belonging to anybody else. To the best of my belief I did not. By Mr White : I told Mr Herring that if I caw any good cause I wou'd arrest Toner. Herring had nothing to do with the arrest. I gave evldenoe m the Supreme Court regarding the gap marks.

This was the case for the prosection, Mr Wilding addresied the Court, and asked whether tuch a ease had been made out as a jury would convlot open. If the Court thought it necessary ho would call a number of witcrsei ..which he had.

The Magistrate said that he thought the testimony which had been given for the prosecution wbb bo strong that he doomed It his duty to commit Toner for trial. If Mr Wilding thought he ccuW Influence the Court's doolaion by oalliDg evldenoe for the defence, he was perfeotly at libetty to do bo, bat he (the Magistrate) would atrongly adviao him to retain it for another place. Mr Wilding, after the strong expression of opinion by th'e Bench, deoided to reserve the dofenoe. The scorned was then committed to take his trial at the next sittings of the Snpreme Ooart to be holden at Christchurch, bail being allowed, the accused m his own recognisance of £100 and two sureties of £50 each.

At the R.M. Court this morning, before Mftj or Steward, J.P., and Me H, Friedlander, J.P., James Bulltvaat whose case had been adjourned from the previous day was brought up, charged oh the informatioD of E, Herring with perjury. The alleged effanoe took place during the hearing of (he libel case, Toner v Herriug, at Timaru, on June 16, 1886. Mr White appeared to proseoute. The accused was not represented by oonnael. Mr White opened hia oaae, and called Edward Herrlnp, who said ; I am manager of the Alford Estate. I was defendant In an oo'l' n tried In the Supreme Oourfc, Timaru, on June 16, 1886, and James Henry Toner was the plaintiff. The aotlon was tried before Mr Justice Johnston and a jarp of fopr. Bollerant gave evidence at that trial for the plaintiff Toner. Bollovant swore j "We went there past .the culvert. I out some riokers m the bath (meaning Mrs Pye'a bnah). We oat rioken along the creek at the bottom part, of the bush on the plan (referring to a plan prodaoed at the Irial). I did not out any m any o'hor opot, I cut five or ax. Toner did not out any We went straight through Pye's bush ; I did not he >r Toner say, ( oh never mind if the old law saya anything sand her to me and I'll nmry her.' We were not m Herring's bush at all."

John Hutchinaon : I am a laborer io Mr Herring's employ. I know Bullevant, by night. I kndw the bush known as Herring's and that known as Pye's. Io March last year there was a survey line dividing those bushes, this Una was vary well defined. On Maroh 27, 1886, f saw BuUevant m Herring's bush; Toner waa with him. Bullevant was cutting rickera I wished him " good day," and he returned the salute. Toner was carrying out the rickera which Bullevant cut. Toner end Bullevant were from three to five obains from tho dividing line. I know Herring's bush well;? having been working there at intervals daring tbe last two and a hblf Or three years. I have no doubt, whatever, that Bullevant was m Herring's bush.

By the Bench : I made no remark to Bullevant about tbe Impropriety of cutting timber m Herring's buah bnt I did to Toner, the employer of Bullevant.

Mr White explained that he had not brought fn Hutchinson's warning to Toner, because it would not be evidence against Bullevant, the latter at the time being some distance up the bush and out of hearing.

John Nelion : I know Toner and Bullevant. On Maroh 5. 1886, leaw them on the road opposite Mr Herring's buah. I wan stacking at Mr Boulton's place, which 1b right opposite tho bash. Ballovaot was io a dray, but Toner came over to me. He spoke to me and when he wa-j going baok to (he dray he asked, (> Where is the old lady's buah. I understood him to refer to Mrs Vye, and I pointed ont the bush belonging to her. I told him that it was private property as well as the other (moaning Herring's bush, he havlnf previously hiked abont that bush.) I told Toner that if he went, two or three ohaioa beyoud the water raoe he woald be beyond Herring's bash. When I told him of Mrs Pye's bush being private properly he called oat ; "Oh never, miad, if the

old Jady aaya anything tell her I'll marry her." Bullevant was naar enough to havo hoard wh3t Toner B»irt an tho latter spoke out loud. At the timo Toner apoko he was about half way between Bullsvant and the stack on which I was working. Toner and Bulievaat then went <m. They stopped the dray while m front of Herring's bu*h and about two or three ohains from the boundary. They stopped the dray near the track leading from the road into Hewing* bash. On Maroh ; 12, 1886, I again saw Toner and Balkvant; they were going np the wad to the I bush. I saw the dtay near the same spot as it had been previously; I spoke to Toner. He was la the bain .ana* was oarrylng out timber. I saw Bullevant. bat I did not apeak to .him. Be was assisting Toner to carry out timber* It was between eleven and twelve, o'olook when they went into the bush, and it was. about dark when I saw them carry* ing timber . The dray was on theroadside ail this time. Some of the timber they were taking was fit for wall-plates and raftors ; they also had jom* rlokers. On the 27th I flaw. Toner and Bullsvaut coming down the road from the direction of the bttsh, They haJUditferent sorts of timber with them. •. „'■>■; .

William Brown, bushntan M Altord Forest, said ; I know Herring's bush. About Maroh b", 1886, I saw Toner and another man carrying timber out of Herring's btuh. It was round stuff, At for wall-plates and rafters. I was too far away to be positive as to the Identity or the man who was with Toner. I saw the same two men about a week after opposite Herring's bash They had » dray with them and were carrying timber out to it. By the Bench ; The two men I saw on the second occasion were the same as I saw on the firt t.

George Boulton. aged 15 years : Oo Maroh 6, 1888, 1 was gat'tlng oats whioh irere being etaoked at our plaoe. I live opposite Herring's bush. I wont np the toad past the bush that day, I mw * Toner, and Bullovant oarcying timber oat of Herring's bush to a dray standing by the side of the road; I know^thetllne oat between Herring's bash aad Mm Pye's bwh>,i Tie track Isaw Bullevant and Toner oa was about three or four ohains on Herring's aide, of the dividing 'line. ;■■■■■ r ■-•/..»«^.-. i .:

OjroHne Boulton, wife of Richard Boulton: I saw Toner and Bullevant la Herring's bush on a day early m March, 1886. Thiy brought out sornß; timber. I saw them thereagain, about a week after* wards. I oaald hear them outtlng timber, and I saw them bring it oat to a dray. I saw them on a third occasion, towards the end of the month. On the first occasion I naw Toner and Bullevaot I saw Toner io conversation vrlth Nelson at the stack.' I heard Toner ask where he oould get some timber. Nelson lndloated Herring's bush and Mrs Pye's bush as being private proverty. , When Nelson said Mm Pye's bush was private property Toner said eomethfagtothiaef&ot: **Nevet mind; tell the old girl I'll marry hoe if she says anything," When Toner said this Ballevant was la the, dray on the road, but he was no farther, aw*y from Toner than I was. Robert Kennedy, aoting drier of the , Supreme Court at Timaru, was present at the trial, Toner v Herring, on Jane 16, : 1686, Bullevaut g&ve evidence, for the p'ainUff. Witness administered the oath to Bullevant In the usual form.-

This wan all the evidence* The accused reserved his defenoe and was committed for trial at the July sittings of the Supreme Court at Christchurch, bull being allowed, the aooused m £100 and two sureties of £50 each,