Feilding R.M. Court

Feilding Star, Volume VIII, Issue 32, 26 August 1886, Page 2

Feilding R.M. Court

Wednesday, 25th August, 1886

(Before R. Ward, Esq., E.M.) PERJURY.

John Turner was charged, on the information of W. S. Staite, with perjury at the last sittings of th© E.M. Court, Feilding, in the case, Turner v. Holland. Mr Sandilands appeared for the defendant, and Mr Staite in support of the information. All witnesses were ordered out of court.

Mr Staite said the prosecution was not a spiteful one, but many very influential residents had insisted on the information being laid. A. D. Thompson, clerk to the court, deposed : He was present last courtday (the 11th instant) ; there was <an information laid against Henry Holland by defendant, for rescuing a . horse from the defendant as a ranger; . (information produced) ; the ease was heard before Mr Ward, E.M. ; Turner was called as a witness and gave I evidence ; the oath was administered tin the usual form by witness; the i case was heard and disposed of ; the charge was dismissed ; listened to the evidence; defendant deposed to the matters alleged in the present information. Mr Sandilands here raised an objection as to the jurisdiction of the court to interfere in a matter arising out of an impounding case. Cross-examined: Was not present the whole time Holland was in the box as a. witness ; heard him describe how Turner rode up to Holland's horse, by jumping over a small ditch and frightened the horse, so as to make it run closer to Holland; did not remember hearing Holland deny that Turner ever had the rope in his hand; don't know Holland said that Turner was in the act of dismounting when Holland got to the horse ; heard the other witnesses say so., ... W. 8. Staite, solicitor, the informant in this case, deposed : Had appeared in the case Turner v. Holland; conducted the defence ; heard the defendant Turner swear that Holland was not near the horse when Turner untied the tether rope from the fence; and that Turner untied a knot; as counsel for the defence, cautioned Turner on the evidence he was giving. Cross - examined : This case was brought out of' no malice to Turner ; objected to say whether witness had asked Holland to lay the information; had advised him to do so as his solicitor; Holland authorised him to lay it ; objected to state the names of the respectable citizens who desired him to take these proceedings ; they objected to their names appearing in the Supreme Court ; there had been numerous meetings of respectable persons, held in connection with this prosecution ; in Mr Holland's private house he authorised witness to lay the information on his behalf ; had been on ■friendly terms with defendant until recently, when witness refused to driak with Mr Sandilands and Mr Turner ; (Mr Sandilands said he would rebut this statement) ; had no quarrel with Turner ; but told him his opinion oi him, and Turner gave witness a black eye ; cautioned Turner that several witnesses would be called, but Turner still adhered to his first statement. Henry Holland (before this witness was sworn he was asked if he believed in a Supreme Being. On answering in the affirmative, he was sworn on the Bible) deposed : He was a sawmiller; was present in the oourt or the 11th of August as defendant on « charge of rescuing a horse from the custody of Turner, the ranger; did not rescue the horse ; could not give the details ef what Turner said ; witness thought Turner said he had hold of the rope before witness took hold of the horse ; Turner eaid witness took the horse from him ; Turner had not hold of either the horse or rope before witness; the horse was not tied to the fence; defendant said the horse was fastened to the fence with a " grammes bowline" ; he said he untied it ; he also said he drew up a coil or two ef the rope afterwards ; was not certain whether he said this before or after witness got the horse.

Gross - examined : When witness slipped the collar off the horse the end of the tether rope was on the fence ; was hardly sure of this ; went inside and left the gate open ; when witness first saw Turner he was galloping by; from where witness saw Turner to where the horse was tied would be of a chain ; Turner was galloping ; when witness got on the road Turner was on horseback ; he

did not dismount and mount again in that time ,* saw only his own people about that he noticed ; Turner did not say the horse was in his charge ; fitter witness had seized the horse and led ,it about 2 lengths of the horse he said he would not allow him to take it ; had no conversation with Mrs Straw-

bridge about giving evidence; saw her in the house ; she said she knew nothing about it ; did not ask her not to give evidence against witness' as it would be unneighborly ; saw Mrs Worsfold, and asked whether her son was going to give evidence ; would not swear he did not say it would be unneighborly to do so ; had not laid this information as he did not want the bother of it ; did not authorise Mr

Staite to lay it as his solicitor on his behalf ; if Mr Staite said so it would be false ; had said ho would have no hand in it whatever; a deputation waited on him about it. Be-exaurined : Did not ask Mrs Strawbridge er Mrs "Worsfold to suppress their evidence after the proceedings last court day; did not feel- inclined to lay an information for perjury; said . he would consider the question; several respectable citizens had said it was hie duty to lay the information; have had several consultations with Mr Staite* as his solicitor, abeut laying the information ; his reason for not proceeding was that it might have involved himself in an action ; had no other reason ; members of his family were against it. Sarah Strawbridge, wife of Albert

Strawbridge, residing ia King street,. Feildinef, remembered the Ist August, when Turner rode to Holland'a horse ;. was at the gate when it happened; saw a grey horse near Mr Holland's fence on the side of the road ; did not notice whether it was tied. Saw Holland and Turner both together at the . horse ; Holland was on - x foot; could not saj whether Turner Was up or down ; they both arrived at the horse at the name time. Cross-examined: Took no particular notice of what they were doing; could, not say whether Turner had a rope in his hand ; had a. conversation;. / with Mrs Worsfold at the gate ; did not remember what was said; did not remember saying Turner had taken , Holland's horse ; did not remember saying that Turner took the kene amd that Holland took it after. Lydia Holland deposed : She -wa»> the wife of Henry. Holland ; remenvbered Sunday, the Ist of August; their grey horse was just outside > the side gate ; knew nothing, about the horse being tied ; there was a rope ■ • attached to a strap round: its neck ; ': ■ saw Turner riding towards the horse ; r ; : heard the cry '* the ranger was coming" ; saw Mr Holland go up to tho ; horse ; Holland got to the horse first ; he took charge of it by unbuckling the strap off its neck ; Turner was in the act of dismounting when Holland unbuckled the strap; Holland did not rescue the horse from Turners custody ; Turner could not hare untied a . knot and seized the coil of rope before' Holland arrived on the spot. ~ Gross-examined : Did not see the rope tied to the fence ; saw the rope lying on the ground , after the Horse " was gone ; was inside the gate [a» . Holland got to the horse Turner wa»; J just dismounting; did not see Turner? .% riding up to the horse. ■■i: -h Martha Holland deposed : She-' was a daughter of the last witness ; remembered the day of the horse affair ; saw the ranger riding towards the horse ; he was riding fast ; called out to her father V the ranger's coming" y, father was at the back of the house ; father ran out and took possession of the horse by taking hold of the mane and unbuckling the strap off its neck ; Turner was getting off his horse*; father did not rescue the horse ; Turner' had not untied a knot and seized a coil of rope before father arrived.;. Cross-examined: Was standing at the front door when she saw Turner;; , could not see whether the horse waa tied to the fence ; did not see the rope in Turner's hands. Ellen Holland deposed : She was a. daughter of Henry Holland ; remembered the day of the horse affair ; saw* Turner riding towards their horse ; did not see him seize it ; father had. : ; hold of his horse as Turner was getting off his own ; Turner rushed forward and said he would prevent it being taken in the gate; saw father unbuckle a strap off the horse ; did not know where the other end of the rope was; did not know whether Turner had hold of it; father had hold of both rope and horse before Turner had. . ■:•:<•■ Cross-examined: was at the back of the house with father when she heard her sister call out " the ranger ''• was coming" ; saw a loop of the* rope over the fence ; did not know whether it was coiled or tied. This was the ease forthe prosecution. Mr Sandilands opened the case for the defence. After having addressed. ' the oourt he asked the Beach to dismiss the case. : . The E.M. here remarked that he thought there was a priina facie ease to go before a jury. - Turner was then asked if he had any statement to make. He deposed : On Sunday morning, between 10 and 11, he was going around; saw the horse tethered in : ' Bang street; rode up to it; jumped off his horse and took the tether rope off the fence; coiled the .rope up in his hand, when he heard some' vOQfC' behind him cry out, "hold on",; \V Holland rushed up and caught hold . v of the horse; asked Holland if he was going to give him the driving fee; . . > ' Holland swore at witness, and said, " You shan't have him this lime*' ; he slipped the rope off the horse's neck; told him he had better mind what he was doing, as witness- was , then in charge of the horse ; the horse broke away from Holland; could not say what made the horse breakaway; had the rope in his hand when Holland took the horse ; Holland 'and his two sons chased the horse up Warwick ■

street. • ... • „, .....; Alex. Guthrie, laborer, deposed : He knew Mr Holland ; saw Holland": : tether his horse to the fence oa Sun- - ■■. - day, the Ist of August. - . : , Crass-examined : Saw Holland attach the rope to the fence; he had ' time to tie a knot, but did not see if he did. ■ ■>. . . , . „ . „..,.' Edwin Worsfold deposed : H« was h '. a gardener residing in Feeding; knew * Mrs Strawbridge; had an interview with her in his house; Turner was present and asked her what took place' ■ when he siezed Holland's horse; (Mr .. • Staite objected to this evidence) ; Mra Strawbridge agreed that Turner had . • hold of the tether rope before Holland '" came up and released the horse. >

Cross-examined : Turner was ne>i . „-- particular friend of witness; visited .■ his house sometimes ; did not remember hearing that Mrs Straw bridge had refused to come into witness' house because Turner was there. Ellen Worsfeld, the wife ef the previous witness* deposed : She knew Mrs Strawbridge; on Sunday the day of the trouble of^ the horse, was present at a conversation, when Mrs Strawbridge said the ranger had taken Mr Holland's horse and Mr Holland cam? :. and told him to hold on; the horse ; got away and they both followed it ;down the street; was present at a Wo- : ; veraation with Turner, her husband, and Mrs Strawbridge; the latter came to the door to tell her she was subpoenaed; Mr Turner was in the house;, her husband invitea Mrs Strawbridge. inside; Turner made a statement to • which she assented.. .. „.. Croßa-exauiined : Witae** 1 chMrta #

are here to-day to give evidence; defendant had not made snqiiiries from the children ; Mr Sandilands came to the house, and asked them some questions; he. told them he only wanted to be told 1 what they had seen. Walter Worsfold, aged 7 years, was sworn, and deposed : Remembered about the trouble with Holland and Turner abo'Jt -a horse ; Holland has a white horse ; saw it that day tethered to the fence near Mr Holland's ; saw Turner tip at the. top of the road ; he came down on" a horse ; when he came to Holland's • he untied a rope and folded it up, and Mr Holland came running out ; he snatched the collar «ff the horstej and the horse got away ; Tnrner had -hold of the rope before ! Holland caere out of the house ; when | Holland came oHfcvTuriier- was getting on his horse ; Turner : had hold of the j rope whicftifee had taken off the fence, i Cress-e^aiained : ■'• Was standing by his father'^ gate when he saw^' all this. Sarah "W-orsfoldj & yeaySy-d^P oß6^ : Eememberißd -the .trouble about a lorse;' kftoiv: Holland, Turner, and Holland's horse ;-.thei'iiorse was tied to HollamdU-feace;; Turner rode from West street to Holland's- horse ; was at the gate with a brother and sister Fanny ; she was not outside when the horse came; saw Turner get off Us horse, fake the rope off the fence, and get on his Lore© again, when -Holland came out, and said " hold on"; he took the collar o£ the horse, and caught it by the mane; it got away and went down Warwick street ; Turner had hold of the rope before .Holland came out ;. it was -coiled up ; TTurner did not tell witness what he Lad done ; heard him tell her mother; •aw all this herself. . - Cross-examined : Could not say how far it was t© Holland's horse ; would *ay it was about a chain and n half ; was quite sure: Holland did not come out first ;» Turner came first; did not *cc Turner cross the ditch, nor Holland'B horse swerve ; Turner had not *poken to .witness- about the case; he «poke to her mother. : . . This was, the ease for the defence. Mr Esam, at, the invitation of- the Bench, gtfyes his opinion as avvicus <twi<B, as to the .meaning of a certain clause in 4^e Justices of Peace Act. - The R-M^said it was competent for him to consider ;as to whether the evidence was strong enough to raise & presumption of guilt or innocence of the party. ■ The evidence was not suffieient^.to convict the accused, and ihe case was dismissed. (Applause), crra. cases. W. J, Watts t. James Wright.— Claim £3.108. Verdict for plaintiff *&d costs.. ...-,..-....-• Hugh Cameron y. J. Prisk. — Claim £7 1 45. " Mr .Sandilands for plaintiff, and Mr Esam for defendant. This was a case of breach of contract in reference 3a a^sheep transaction. Hugh Cameron deposed : He was now sueing for damages ; on May 1 8 met Mr Prisk at" Awahuri ; arranged to buy some hoggets in a month ; i?risk asked 7s ; offered him 6s ; h© idid not agree.; but after .they had a <lrink in. the hotel, he .said he wuuid, take Gs; gave hinva shilling to clench the bargain; -Campion was present ; wont 1« take delivery on July 6,. and Prask said ihe,? price was 6s 6d ; as they eould.jaot- agree, Prisk turned the sheep out again. A. Ocmpion. .deposed: He was a «attl<? dealer, and know both parties to ihfc actor/a.; was at Awahuri at a stock Bttle^ Priak had sheep for sale, iambs 3& hauue ; he offered them to Cameron for fis tQ,bej^aiea..ajifay.the first week in July; -t^e bargain was made in the hotel ; one shilling was paid to bind the bargain. •-- ■'■■■ ■....-.. Cross-examined : Did not hear the first part, of, the conversation ; Prisk said he would Save to get rid of his sheep aB/he was ploughing his hind ; have no joint Ventures with Cameron. John sfeary deposed : He was employed by ; went to Prisk's place on Jjaly 6 fox . delivery of some sheep; Cameron asked how mnch

money it would fee ; Prisk. said 6s 6d Cameron said 6s ; they did not agree, And the sheep were turned out. Mr Esam said the defence was ihat the price, was 6s 6d and. no legal tesder had been made of the money. James Prisk deposed: Had a deal with Cameron 1 for some lambs (120) ; 4jaid his price was 7s, and he would

deliver them in- June j he (Cameron), would not giv6 r 7<; they then agreed ior 6s 6n and 1« was paid on the bargain ; drafted out 129 for Cameron on the 28th -J»ne ; did not have the sheep in the yard on the Ist July ; was at home, waiting to give delivery; went to Awahuri on 2rd July; when Cameron. came- : for the sheep he asked what witness wanted for them; t< >ld him h« would. take the price agreed on; h« went ' away , withsut . the sheep ; t*ok them to 'Bulls on July 13 ; put 6s 6d reserve on ijhetti. for which they were sold privately by Colonel Gorton. Cross-examined : Campion was present when the bargain was made; Cameron didofler 6s but witness did not agree to take it. Verdict tor plaintiff for £3 4s 6d and costs. " : The court then adjourned-