RESIDENT MAGISTRATE'S COURT, GREYMOUTH.

Grey River Argus, Volume V, Issue 360, 5 May 1868, Page 2

RESIDENT MAGISTRATE'S COURT, GREYMOUTH.

Monday, May 4. . (Before W. H. Revell, Esq., R.M.) PERJURY. Henry Phillips and Mary Phillips were charged with having committed wilful and corrupt perjury, during the hearing of a civil case in the Magistrate's Court, on the 2Jst April. Constable M'Guire stated— On the 21st April I was in the "Resident Magistrate's Court, and administered the oath to the l prisoners, who were sworn in the case of Phillips v.. Hastie, which was a claim of LlO for board and lodging, I heard Mrs Phillips swear that there was no partnership agreement between Ellen Hastie and herself, and that she had only taken in. Hastie as a lodger. Margaret Adair: I am proprietress of the Ballarat and Bendigo Jlotgl, and know the prisoner Mrs Phillips. {3 h§ and Ellen Hastie took that hotel fpopi me five months before 1 le.t the hotel under the preseut agreement to Henry Phillips. The agreement produced is the same under which I let the hotgl to Phillips,, commencing the Bth February, 1868, Ellen Hastie and Mr Phillip both came together to take the lease, and the agreement wa^s written in the house by John Torrence. They were both present at the time. Ellen Hastie wrote her name, and Mary Phillips put her mark to it. It was r§ad over in our presence to the three of us by John Torrence, I received pent for the house through my agent, I agreed to transfer the license to Ellen Hastie and Mary Phillips. I did not know the male prisoner in the transaction. I believe that Ellen Hastie was a partner in the hotel with Mary Phillips, as I let the place to them both. By the Magistrate : I have no doubt whatever that Mary Phillips and Ellen Mooney or Hastie were partners in the house, as I let it to them, as partners. Ellen Mooney : lam sometimes known as Ellen Hastie, and reside at Mac's Hotel, Greymouth. I know the two prisoners. In September last I made an agreement with Mrs Phillips to enter into partnership with her in the Ballaarat and Bendigo Hotel, for five months. It was taken from JVlargajet A_dair, on the agreement that we were to pay a month's reut in advajiee, at the rate of L 3 per week, and the profits of the business were to be divided between Mrs Phillips and myself. There was a written agreement drawn up to that effect in the hotel, and it also mentioned that the. partnership existed. John Torrence wrote the agreement and read it over to us ; I signed it, and wrote Mary Phillips' name to it, and she made her mark. John Torrence and another witnessed the. signatures. I was sued in this Court by Henry Phillips, for LlO 4s for borrowed money and board during the last week we were in partnership, and mone.y I drew out of the hotel. I believe I was sued on the 21st April in this Court. 1 was present when Mary Phillips gave her evidence in that case. She swore that one of the entries in the memorandum-book produced was in my handwriting and the other in her husband's. Both the entries are in my handwriting, and refer to the money I had out of the hotel during the partnership. At the hearing of the case, the female defendant swore there was no written agreement between her and I as partners, and she sued me for the moaey as her own. Henry Phillips was Not present until the night we got possession of the house, but he was aware of the agreement between us, because he previously came to me and said I would have to be very careful of it, as it would never pay both of us. This conversation took place in his own house, at the back of the Masonic Hotel, and it was agreed that Henry Phillips should get the license transferred in his name on the following di\y. This took place in his presence, and tha.t of John Torrence and another young man. I resided ten weeka in the hotel, wh§n Henry Phillips put me out of it. I received only L 7 10s during the time I was in the partnership, ana that was part of the amount I was sued for. Or. the 6Vy of the trial I heard Mr Phillips sweai*that there never was an agrpement existing between Mary Phillips and I, and he was not aware of any partnership. Cross-examined by Henry Phillips : At the commencement of the partnership I had no money, but when you took out the transfer of the license I gave you a £5 note. I never spoke of the partnership to you. Henry Heydon : I was present when an agreement was made out between Mrs Hastie and Mrs Phillips to take the Ballarat Hotel for five months from Mrs Adair. I witnessed the agreement, which stated that the rent should be JJ3 per week in advance. I was not present when the agreement was written out, but I read it over, and saw Mrs Hastie, sign it and Mrs Phillips put her ma,rk on it. I and Torrence signed it as witnesses, but I cannot say whether Margaret Adair signed it or not. My impression from reading the document is that Mrs Hastie and Mrs Phillips were there stated to be partners in the house. I was afterwards called as a witness jn a case in this Court, about a fortnight ago, between the partners, but I do not know what the cause of action was. Cross-examined by Henry Phillips : The agreement was drawn up in. the daytime $ you were not present. Constable M'Guire recalled: On the hearing of the case, the usual oath was administered to the prisoners when they entered the witness-box. The prisoners were then cautioned in the usual manner, when they both denied the.ir guilt. They were then committed fqy trial to the Supreme Court, at Hokilika, but the Magistrate accepted bail for each prisoner in £100, and two sureties in .£SO each.