PERJURY CASE, RANGIORA.

Globe, Volume XXIII, Issue 2247, 11 May 1881, Page 3

PERJURY CASE, RANGIORA.

Tubsday, Mat 10. [Before A. H. Cunningham and J. Johnston, Eeqs., J.P.'s] Harry Fawcett was charged in the R.M. Court at Rangiora, on information of Benjamin O'Neill, with having committed wilful and corrupt perjury in the Magistrate's Court, Rangiora, on Tuesday, April 12th. Mr Greßion appeared for the prosecutor, Mr Stringer for the defenoe. Caleb Wbitefoord, Resident Magistrate, deposed that he remembered a oase of O'Neill v Fawcett, on April 12th, in which accused was defendant. The result of the caso was judgment for plaintiff for £25 and costs. An application was afterwards made by Mr Gresson for immediate execution. Fawcett gave evidence on oath respecting that application. Witness remembered the substance of what was stated by accused on oath. He was examined by Mr Gresson. He was asked about his property, and about cattle. He stated, regarding the cattle, that ho had no intention of disposing of them, and that they were at his farm, at Ashley. His attention was particularly directed to the question, and the result was that O'Neill's application for an immediate distress-warrant to issue was refused. By Mr Stringer—The application was made by O'Neill's counsel. The oath was administered when the proceedings began. Aooused was not re-sworn for the purposes of the examination touohing his property. The examination took place about eleven a.m., but on that point he could not be positive Did not know deceased's farm. By Mr Gresson—Accused made no objection to being examined either by himeelt or his counsel. By Mr Stringer—Accused did not specify any cattle. He said he had no intention of removing any of them. The Bummons was produced on which accused gave evidence. Constable Maher deposed that ha was at tho Court on April 12th, when the cue of O'Neill v Fawcett was heard. Witness administered the oath in the u*u»l way. By Mr Stringer—Witness used the form of oath—" The evidence you shall give, &3." Benjamin O'Neill, farmer, Ashley, deposod —That he was plaintiff in the action O'Neill v Fawcett. The acoused was defendant. It was heard on April 12th. He sued Fawcett for a dishonored bill, and got judgment against him. Through his solicitor, he applied to the Bench for immediate execution. Fawcett was in the witness box at the time. Witness was examined, and thon accused was examined in the witness box by Mr Gres3on'a instructions. He swore he had (witness believed) ten or twelve head of cattle. Accused said they were on his farm. He also said he bad (witness believed) four or five horses. Accused was asked it he had any intention of parting with them, and he said No. After Fawcett swore as bo did, the application was refused. Fawcett left the Court first in a lively way. Witness followed to the Junction Hotel, and then to the Rangiora Saleyards. It was about 11 30 a.m. Witness, about ten minutes or a quarter-of-an-bour after leaving the Court, saw Fawcett's brother, a Mr Shaw, and, he thought, Mr Buss' man, driving cattle, which be recognised as accused's cattle. By Witness —He sometimes goes along at a lively pace. Knew the cattle to bo Fuwcett's, because they were on his land. Did not know if Shaw owned any of them. At the place where the cattle were kept there were others which witness supposed were not Fawcett's. Knew Fawcett's brother did not know they bad been partners till they wanted to go through the Court. J. B. Gresson, barrister and solicitor, deposed that he was present at a meeting of the creditors of Fawcett Bros, at the Supreme Court, Ohristchurch, on May 7th. The aooused was one of the bankrupts. Ho was examined on oath by witness on behalf of the trustees. Acoused stated, among other matters, " nine head of young cattle of mine were sold at the Rangiora Yards on April 12th."

Mr Stringer objected to any matter relating to examination of the bankrupt being tendered in evidence, unless the regularity of tho bankruptcy proceedings were first proved. The Court took a note of the objection. Mr Grosson submitted he gave evidence of the statement of their being driven to the yards, and they were put in for sale. Acoused resides four miles from Bangiora. It would take at least an hour or two hours to drive them in, inolusive of orossing the river. By Mr Stringer—Left the acceptance at tho Bank for collection. Accused said he could not meet it, and witness took it up the day after it beoame due. Thought it would not be possible for Fawcett to bring the cattle from where they wore kept, unless he oould fly. Acoused said—l sent them there. Nothing else of mine was there. I have no other oattle besides those. Those are the cattle whioh I stated in Court that day belonged to me. At the time I left home I knew my cattle were coming with Shaw. His brother was examined, and, when his examination was read over to him, he said, " Tho oattle had not left at the time I was in Court. I went straight from tho Resident Magistrate's Court to Mr Buss. I told him to send a man over for the cattle." Mr Greaeon applied for an adjournment to allow Mr Buss to attend, or he would consent to the case being heard at Christchurch. Finally it was agreed to consider it closed. Mr Stringer raised the points that the perjury must arise during a judicial proceeding, and be in reference to pome point material to the issue of the case; it was plain tho proceedings where the alleged perjury was committed were during an judicial proceeding. The Eaaident Magistrate's Act, 18G7, gave every power to issue a distreßS-warrant without stopping to consider it. When tho judgment was given, the case O'Neill v Fawcett was at an end, and accused ought to have been re-sworn in order to fully constitute a case of perjury. Mr Gresson referred to the practice which prevailed in Magistrates'Courts, of granting forty-eight hours before issue of a distresswarrant. It was in order to obtain an immediate distress that the application was made when the perjury was committed. The Bench decided the points raised might be worth consideration in the Supreme Court, but could not be deoided now. Acoused, being duly cautioned, said he had nothing to say. He was then committed for trial, bail being fixed in two sureties of £l5O each.