RESIDENT MAGISTRATE'S COURT.

Daily Telegraph (Napier), Issue 3629, 28 February 1883, Page 3

RESIDENT MAGISTRATE'S COURT.

Tins Day. (Before CaptainPreece, R.M., anclE. Patten, Esq., J.P.) DUU>TCEX>*ESS. John Williams, charged with having been drunk at Hastings yesterday, surrendered to his bail, and was dismissed with a caution, it being Ms first offence. PEEJUEY. John Christy was charged with that lie did, at Napier, on the 2Gth instant, falsely, wickedly, and wilfully and corruptly commit wilful and corrupt perjury in the testimony he gave upon oath in his examination before George Augustus Precce, Esq., R.M., upon the hearing of a certain information then and there preferred by James Burtenshaw against the said John Christy by then and there swearing that he, the said John Christy, did not on the 20th instant twice knock down one William Neenan. Mr Cottcrill conducted the case for the prosecution, and the defendant was represented by Mr Lee, with, whom was associated Mr Cornf ord. Mr Cornford said that in this case, as also in two other cases against Eeilly and Seymour, Mr Lee and himself had come to the conclusion that they must ask for a remand until Wednesday next. They would not have made such application had they not considered it to be their duty towards their clients. It would be necessary for them to take statements of witnesses and otherwise prepare their case, and the brief time that had intervened since the informations were laid (J id not admit of such being done. Mr Cottcrill said he Avould offer no objection to the remand applied for provided the evidence of a very important witness for the prosecution—Captain Balle— was taken to-day, as he was about to leave the colony in a few days.Mr Lee said he was quite agreeable. He would also ask the Court to fix the amount of bail that would be required of the defendants for their appearance next Wednesday, so that he could communicate with the proposed sureties. Captain Preece said each of the defendants would have to enter into bail for his appearance, himselfin£loo, and two approved sureties in £50 each. Mr Lee intimated that the security would be forthcoming. The evidence of Jacob Peter Balle was then taken as follows :—I am the master of the schooner Frank Guy, now lying at Napier. I recollect the evening of the 20th of the present month. On that evening I passed down the Shakespeare road from the town towards the Spit. I passed the defendant's hotel at abo\it 10.30 o'clock in the evening. It was a clear night to the best of my recollection. The moon was out. At the Shakespeare Hotel, as I was passing, I saw a man running down towards the Sj>it a little below the hotel. I heard a noise before this proceeding from below the hotel. I saw another man running at once after the man who was running towards the Spit. The man who was running after the other was the defendant. I could not see who the second man was. He had a coat on, and the defendant had not. When defendant caught up to the other man he knocked him down in the road face foremost. I heard the man calling out, but whether in pain or for assistance I could not say. He picked himself up, when defendant ran after him a second time, and knocked h?m down again, and kicked him wh :i e he was lying. When I passed him the man was lying down, and defendant was standing over him. T said nothing, but went to the Spit, where I gave information to the police. By Mr Lee : I am in the habit of travelling' up and down the Shakespeare road almost every night when lam in port. I started from the Coote road that evening on my return journey to the Spit. I pulled out my watch after pessing Christy's hotel at the next lamp further down the road, and it was then either twenty minutes past ten or twenty minutes to eleven. I cannot recollect wliich, and that is the reason I said half-past ten. I told the exact time to Constable Harvey. I was below Mrs LeQuesne's place when I first heard the noise, but cannot say how far. I only saw two men in front of Christy's hotel when I passed. I recognised neither of them. I also saw a woman in a doorway opposite the hotel. There was a cab standing outside the hotel. The hotel was lighted up, but I cannot say whether the doors were open. When I first saw the man running and being I was opposite the hotel. I think the men in front of the hotel were sitting down. My attention was drawn more to the men running down the road. The man was knocked flown the first time within about three fathoms of the lamp post below the hotel, and on the second occasion about the same distance beyond the lamp post towards the Spit. The * two men were close together, thoXone lying down, and the other standing up, when'l passed by them. Ido not know if the lamp past Christy's was lighted or not. It was a beautiful moonlight night, almost like daylight. I saw the defendant raise his foot to kick the other mini, but I heard no sound of kicking. I heard the blow that knocked the man down the second time. The men who were running down the road were not in a direct line with me. I was in the middle of the road, and they were on the starboard side of the road. I siiffcr from lameness, which prevents my walking fast, but I hurried on this occasion as fast as I could for a particular purpose. That purpose was to give information to the police. It did not strike me as the proper thing to interfere. I once before got a black eye for doing so, and I don't intend interfering in rows any more. (Laughter.) Besides I am no match for either Christy's tongue or fists. lam quite sure the man I saAV was Christy. There is not a man in Napier who can see as well on a dark night, or in daylight either, as I can. By the Court: I know the defendant well by sight. I have seen him so often that I could not mistake him. Mr Cotterill said it would save much time if ihc Court adjourned to, saj r , 2 o'clock, by which time the clerk could have two copies of Captain Balle's evidence prepared, one for each of the other two cases, and these could he signed on the re-assembling, and the surety bonds executed. An adjournment was granted accordingly. At 2 o'clock His Worship resumed his seat, and the remaining defendants, Michael Reilly and AVilliam Seymour, having been formally charged with perjury on the 2Gth instant, were, with the first defendant. John Christy, remanded to Wednesday, 7th March, bail as above stated being accepted for their appearance. The Court then. rose.