DISTRICT COURT, REEFTON.

Inangahua Times, Volume V, Issue 35, 18 February 1878, Page 2

DISTRICT COURT, REEFTON.

, • 9(Boforo His Honor Jtidgo Weatori.) Bank of- New; Zjulanrv.. M'Wimjaiu In this case his Honoroit tho previous 1 cUy expressod a wish to have on oppor» lunity of ro examining ■ tho- dofondant. who was now in nttondnnoo nnid plaood in tho bo,x. , Goorgo M'Williams-T-JBy his Honor— I saw Mr L/iphnrn on threo dtfT-ront occasions relative W, the loan. I saw him one© boforo returning from Jlokitilm. I haw him, at about half^pant 8 o'ivIocI? Nt nighr., 111 was in tUn parlor of tho Bunk that I Haw Mi' Juipliivm. It was on a, Sunday, nnd tho 'roiison why I wont, on ttlmt fifty, >t ml at Uiufi timo was 'that \T , wanted to ali\rl, next morning for lljoofloiis I wont, in to try to got Mi Livpham to tnko ft lion over tlvo plant aa ho lent the money vory kindly. I wan tod to aeouro him. I looked upon it hh ho boon kind in lending tho money.- I wanted to secure him. 1 wanted him to como up to tho sfahlo to roo tho coaoh nnd horses. It wiia wlion I. wont' "in Ihnfc timo thnt T spoko about tho tonns. Ho said twelve months or nny timo would do botwoan him and mo. What I monn by v between him nnd roo" is wb had boon yory friandly and ho bad lorit mo monoy on p"ovious ocenflions. Ho lent mo £5 on ft proviotifl oocaaion nbont four months previous £3 in notofl, and £2 in ohorjuo, I would not bo certain whether it was a £ft or £2 clwquo, but £S in a)l. It wns in his own parlor in tho Bunk. It was at ni«ht, I wns short of tho inonoy, nnd noithor Goorgo or Sam Gilmor was at homo so I went to Mr Ln'phnm, I went to him bobeoftnso ho was tho moatlikoly ono toßot it fVom. Ho liovop pnvo mo monoy on any occasion in tho eouoh. Ho onoo c^avo mo ;©L I wns collecting furos nk tho Arnold nnd ho «avo mo £L I said wo would cntorhia faro in <ho books, nnd ho flni'i, Xl Thftfc i« for yourself GeorßO." Ho did not offer it as his fare. lam quifco euro tho stntoment I hnvo just mndo is quito correct. I booked his faro in nocount to tho bank ns usual. No interest was to bo paid on tho #Ui>. Thoro wns a distinct vorbal arrnnffwnonfc that I should pnv no intorcst on tho money. It wns mont'ronod on thoflwtinterviowand npjain when I rotnmod from Hoki'ikn. I havo known MrLaphnm for oiffhfc or ton years. Wo woro nlso very c<ood friends travel •• Una in> tho oonoh. Tho ftrsfc timo I ro(; arQuainted with Mr Lnpham was through my brother doing business witli him. I havo vtsitod Mr Laphnm over n hundred tim« 9 in his parlor. I wns in tho habit; of bwnpjinp! down small parcels of gold fmm tho country, and wo always hud a drop of TTomiMsy on thoso ocoijsioiiH and seemed to bo vory friondly. I hnvo not paid bank tho £5. Shortly nftorthnt I got married nnd havo nofc been very fluslio f monov sinoo. Thin closed tho examination. Jli« Honor said : I do nofc think Hint 1 ever felt moro pujsziod or moro diffloulty in donling with a onso than in this. I nuvor hnd a caso either at tho bar or on tho Bench wero I folt loss satisfiiotion, or whero tho evidence wns so attorly 1»h wildeving and irreooneilablo. I havo read tho ovidonoo over, Hg'iin and ngivin, and havo thought nnd thought ovor tho oaso until I can think no longer. It is ox* tromely bad policy for tlvo Court to dismiss a caso when thoro is n conflict of tostimony, if it \h at a.ll possible by ivoi^U-.

inpj. tho evidence, enrefiiilly <o pronounce upon M'hioh, sulo tho Iwilhiico lies ; 1)0---oauso if tho Court, arhitnrily dismissos a onsn n premium in. thorohy oflfcrod tor per]«ry nnd th,o onfln. of jjiwtioo would bo del'onied. ]3iijt while, ttiint prinpiulo exist* tho. Court nvMt Tool t»«' ifc ". wftW riaht and that that principle is »»'• Htrnincd, nnd in this, oaso tho Cou,rt is made to feel Ihafc by applying " f ' t (||C prineiplo wou'di bo strained and, possibly. injuHfiico don,e to.eithcK one sideor the other for I can arnvo n,t no. ofehor conclusion thnn Mint, either on ono Hido or »ho ollwr peijjury has been eoinmittrtd.. Opon tlmt •)Oi'»l; ii have not thfl filip[|itOftfc doubt, but ion which Hidtfto in it- i« in'tpossiblo for mo to siiy. I luivo therefore no, nltornativa nnd t any it with vory (?ront regrrl), but to. nonsuit tho. onsi\ I hftvo dwelt upon v tho evidenno nn,d analyßod* it to tb,o ul"> most in order todofoct, ifriossiblo, sometiling to turn Wifl bnluno'e, und honco my ronson for doairinff. to ro-examino. anA thereby, in,irly, of oourHOi trip up ono or other of tUo witn,(»sße«, pr to asoortaja, on, wliioh sJdo the \voi«ht ol' evidence wns, Iwitthe result .only went Jo render the oaßo.ulte.-iy in'expiibaWo. 'The ovidonoo ottboth sides fieomod probable and yot pofiitively irreconcilable, a'jid in tbo faoo pftheflo facia it is q l u,it«;impns»iblo./or the Ooujtf to dooirlo. A a tho, Court wna nnnblo to any who wns in tlvo. wkoiir w coslft woujd bo i»rnn,to<i to, either sido. Mr Uo'iA. would ask they pou,rt to award, costs, to th,o plalntilf. ' M,r GuinnoHS thojjg}!»t that tho dofondan.t waa entitled trtyi^oftfi^.If is Il6nor; : X wii^l^llow a RW«lo shilling costs. It JsP&!s opiaion that porjury has; been canJinj,itt«|l, an«i i * it his tho Hoojiier tho odondor nndjS his way into thja or scnioother-OoOrt, tho bottor. Tho (mho was n6rt/!ulHed[. '