WESTLAND SUPREME COURT.

Greymouth Evening Star, Volume XXXI, 7 March 1901, Page 3

WESTLAND SUPREME COURT.

Wednespay, March 6th.

(Before His Honor, Mr Justice Denniston.) FEHJUBY. John Oleland, farmer of Belfast, Canterbury, was charged with committing perjury in the recent salting cise heard in fche District Court, Messrs Park and Hannan for the Crown, and Messrs Guinness and Murdock for the defence. The evidenoe was practically similar to that given in the District Court,

For the defence Mr Guinness contented that the accussd could not be convicted of perjury, as thero was no evidence of circumstances to corroborate the accused's statements made to Colo and Broad, and that without some independent evidence beyond the accused's own statements to prove that what ho swore was uutruo they could 'direct an acquittal. He cited several authorities in favour of.his contention.

His Honor said ho would consider the point raised by Mr Guinness, and give his decision thereon on resuming in the afternoon sitting.

On resuming at 2 p.m., His Honor gave the following directions to the jury : —The short point to bo decided is this. Is the mere fact that the defendant has been proved to have made statements inconsistent with the sworn statement on which perjury has been assigned sufficient to warrant a conviction'? Hi 3 Honor quoted a number of authorities on the question and continued, there is in nay opinion no corroboration here, so I think the objection i 3 good. The defendant's counsel insists on this objection and though it might be inconvenient to have the verdict of the jury in any event, yet I do not think I can refuse to act on my opinion on that account. No public injury can happen if the Court of Appeal takes a different view, as the case can be tried again. I may perhaps bo somewhat influenced in my decision by the fact that the point is one cf importance and one which I think should receive an authoritative decision. I shall therefore direct an acquittal. The accused wa3 then formerly acquitted.

| tokft froji a tail e.vce. [ Chow Ming was charged with stealing gold at Red Jacks on the 12th Angus! from the tail race of Ah Ye and Party. Ah Ye, sworn, deposed that he was a miner residing at Red Jacks and that there were four of them in one party working a sluicing claim. Some person or persons had taken about £o or C(! worth of gold from their boxes on the 11th or 12th August. Found that the blocks had been tampered with and that wa« the reason he had suspicion that gold had been stolen.

In cross-examination lie admitted that lie had a conversation with one Frank Pitt and that he (Pitt) had said to him that he would watch accused and if he caught him he would expect to get £lO. He thought that was too much so had offered him £6. He went with the police to Chow Ming's hut. Hid. not agree to pay Pitt any particular sum of money for the conviction of accused.

F. Pitt, miner, of Red Jacks, sworn, doposed that he in company with the police visited the hut of the accused and found certain articles therein. Saw a receipt for gold for £9 15s sd. Accused stated that ho had not been working for some time and had no money. Asked as to where he had got the gold for which he had tho receipt ho said he had got it in his claim. Should say that the claim referred to had not been worked for about three months.

In cross-examination witness said that ho heard the case tried at tho Ahaura but had not said anything to any person sinco about the case; no Chinaman had told him that if lio did not clear out of the district there would be a case brought against him. John Grear, miner of Red Jacks, sworm said ho saw Pitt on the 21st and went with hiin to Ah Ming's hut; the Chinaman spoke broken English. Neither of them offered to do any watching for the party, but Pitt jocularly remarked that if he got £lO he would watch tho accused and get a conviction against him. Mr Malone, of No Town, sworn, stated that ho was a retired miner and that he went in company with the police on the 9ih of September to the claim of the accused and would judgo from the appearance that it had not been worked for three mouths previous to that date. In cross-examination witness stated that ho considered it an abandoued claim and gave his reason for arriving at such, a conclusion,

Constablo Donovan, sworn, deposed that bo visited the hut of accused and found certain articles therein which were produced, also the receipt for gold sold by the accused. In answer to questions accused.'said ho had no gold or money and that he had not worked for some time pa3t. When asked about where he had obtained tho gold set forth in the receipt produced ho remarked, "me wash up last week. ,' Found CI Is 6d in his bunk. From the looks of tho tools in tho hut and from the appearance of tho claim ho concluded that accused had not worked for a coneiderablo timo past, Mr Beare, counsel for the accused, said there was no criminating evidence produced, therefore, he would ask the jury to bring in a verdict accordingly. His Honor having received tho evidence produced by the Crown, addressed tho jury, who retired for a short timo, and returned with a verdict of " not guilty, " and accused was discharged.