WESTLAND SUPREME COURT.

Greymouth Evening Star, Volume XXXI, 6 March 1901, Page 3

WESTLAND SUPREME COURT.

Tuesday, March sth.

(Before His Honor Mr Justice Denniston).

Per jck\*. Benjamin Lawson, was charged with having committed perjury in the recent salting case. Accused pleaded not guilty. Mosses Hannan and Park appeared for the wJrown, and Messrs Guinness and Murdock for the accused.

The evidence for the prosecution was identical with that previously reported. After the dinner adjournment Mr Guinness opened the case for the defence by calling William Lawson, and George Lawson who detailed at some length the reasons why they remember the 18th day of September. Other evidence given by R. Judge, P. Mordant and P. Mordant was identical with that reported in the salting case.

The accused also gave evidence in his own defence similar to that whicliMie gave in the District Court. Mr Guinness in a very powerful speech lasting over an hour pointed out that the whole of the case tor the Crown rested on the evidence of two bank officials. Against those two officials, six witnesses for the defence deposed that accused was not in Greymouth on 18th September and therefore did not sell the gold as set up by

the Crown. Mr Park briefly addretsod the jury pointing out the improbability of the two bank officials being mistaken in their man. His Honor in summing up said there wore two counts in the indictment but ha would confine himself to the first. It would have to bo proved that accused made a statement, then that the statement was false and finally that it was made to deceive the Court. It was not denied that accused swore that William Lawson was in Greymouth on September 18th, and sold gold in the Union Bank. If the jury believed that W. Lawson was in Greymouth on that day, then the accused swore falsely with the intention of misleading the Court. The jury should confine themselves to weigh the evidence whether they believed William Lawson was fn Greymouth on Sept. 18th and sold the gold. Tho whole case for the prosecution rested on the creditability of the bank officials. Counsel for the defence asked tho jury to believe that tho balance of the evidence was in favour of their client. This was a mistake. It was not a question of preponderance of witnesses, the evidence is to bo weighed and not numbered. Tho two bank officials are men of unimpeachable character and tho suggestion was absurd that they were concocting evidence, aud any proposition of the defence on that scope was repugnant of common sense It must bo borne in mind that on tho 19th of September William Lawson was according to his statement in Greymouth, and it was admitted ho went to the bank. It was said, a man named Marks was very much like William Lawson. If that was so it was a groat pity that he was not procured to allow the jury to judge the similarity and the possibility of tho bank officials making a mistake. W. Fraher swore unhesitatingly to William Lawson having been the man to sell gold on 18th of September. Ho drew Mr Ward’s attention immediately that tho man’s name was not Marks but Lawson. Something had been said about prosecution but ho was bound to tell tho jury there was no foundation in fact for it. If tho case for the Crown stood alone it would be very strong. Nearly all tho witnesses for the defence wfto close relations of the accused. Per-

haps from the very nature of the circumstances no other witnesses could depose anything. Was the jury satisfied that for this reason the witnesses gave false testimony? He felt bound to point out that perjury was becoming a very common offence. (His Honor then compared the present case to one where an alibi was attempted to be proved,) A very important element in the case was the timebook and His Honor proceeded to show the effect of the various entries and the

state of the book as presented to the Court, It was for the jury to draw their conclusions. Speaking on the second count His Honor did not think it necessary to refer to it at length. It was open for the jury to find a verdict on either of the two counts, >

The jury retired at 8 p.m. At io o'clock the jury being unable to agree were locked up till midnight. At midnight the jury reported that they disagreed on the first couni and found prisoner guilty on the second count. His Honor took the verdict in the second count and discharged the jury as to the first count. He did not pass sentence until the Crown decided what it would do on the first count.

Court was adjourned till 10 o'clock this morning.

(our own correspondent.)

Hokitika, This Day

Tn (ho Lawson perjury case, a new trial is to take place next Monday at Hokitika on the first court. Cleland is now being tried.