RESIDENT MAGISTRATE'S COURT, OTAKI.

Manawatu Herald, Volume III, Issue 31, 17 December 1880, Page 2

RESIDENT MAGISTRATE'S COURT, OTAK I .

Wednesday, December 15, 1880. ? (Before B. Ward, Esq., R.M.) - vlvt 1 PERJURY. AJfred James- Mifccliell^.jcanstahlfL-^. 'tftf'KJtaki, was charged by Francis Ruiisey that he did on the 14th SeptieuM-, <W»lftilly~ foM iforiftflflpK)] couifnit wilful and corrupt perjury 1 in the testimony f&te JR. War.d, Esq., R.M., during the hea4ii^of?cti inforli^Wi; p*fef^fe*tf «l by the said A. J. Mitcli'elVhgainst the said Francis Rumseyrby then and there swearing thai; (i l *&«r-A<a«eiff. agj ough tura Rumsey oufc o£. tile public house." r - Francis Rumsey '4oposed**i>aatooVf a timber merchant, living at-QtoWoJlot I remember.the '14th was in Otaki on that day ; I 'W&feUUtw fendant iv a case of . obsU-uofciiigaiWeJ policeman in the execution of his • duty ; the case was dismissed ; I

lieard the defendant swear that " I saw Greenough turn Rumsey out of the public house ;" the statement as to fact was false, and was sworn to with tke intention of obtaining a conviction against me ; I stato ' Mr Greenough did not turn me oufc of the house. By defendant — I distinctly reinenithe 12th September last ; I remember the Saturday night on which I was ' arrested by you ; I was not drunk on that night, and was in a fit state to know what I was saying and doing. Ido not remember the hour I was arrested, as there was no clock iv sight, and I had no reason to notice the time ; I did not see you in the " public house that night, nor hear you ; I heard you speaking outside the door ; no conversation passed between me and the landlord prior to liiy leaving the house ; neither of us " , spoke to each other ; the landlord did not place his hand on my j ; shoulder and request me to leave his premises. By the Bench-r-The landlord did not in any way induce me to leave the hotel ; he spoke to my <: missis." William Greenough, landlord of the Telegraph Hotel, Otaki, deposed —I remember the 14th September, and remember the case of Mitchell v. Rumsey for obstructing the police ; I did not hear Constable Mitchell's evidence ; I remember the night Rumsey was arrested by Mitchell ; Rumsey was " artful drunk ;" he never gets drunk-; he was under the influence of' drink, and had been drinking; I asked the constable to put him out ; he said "You put him out yourself, and then I can take him;" I returned to Rumsey and put my hand on liis shoulder, and said, " Come on, old map, you must go out" ; he said, " T?ake your bond off my shoulder and I will go out; I don't want to make any disturbance ;" he went out quietly, and the constable took him in charge. By the Bench — I am quite sine I put my hand on his shoulder, and asked him to leave the house. By complainant — I was a witness for the police in that case ; I do not jseipember swearing on that occasion that I did not order you out nor put you out ; I have conversed with the , constable about this case before coming to Court. -By defendant— l asked you if I , was compelled to come to Court on , this case on the strength of the sub- i poeha ; I also stated I was under the impression from what Judge Richmond said thafc T was ' not compelled to attend ; you said, " The distance is not great ; please yourself; if you speak the truth you have nothing to ] fear, from Rtimsey or myself." ' Rumsey applied for a remand, on the ground that Greenough had sworn 1 diffeientiytp the previous occasion, and h§ d^jredto produce fresh cvi- ' dence to that effect.

The Bench ;saw no reason for adjourning the dase, arid held that as the evidence on the occasion referred to was: iot .material to the case, no perjury had been committed. Case dismissed. drunkenness. Karaitiana Te Tnpe was charged with, drunkenness, and the offence being proved, was fined 5s and costs, tyr.;.: ... PRETENCES. „4 case was set down for hearing, mv.which William Northcroft was changed with obtaining £1 from Joseph^ , Abbott by means of fraudulent representations, but there was nfcjapparance °f either party, and the case, woa therefore struck out. CIVIL CASES. -C k iMitehell v. H. R. Flyger— Claim' j Bs ' Bd. ' ! Judgment for plaitiiiff with, dosts, 16s.' Bkwtfbson nud Turley v. Martene te Claim £5 10s. Judgm«o4%'defau}t, with costs, 7s. Fi'lfomsty VJ,' John Pledger— Clak^Uß'ss. !i •Judgment for plaintif%itl* cdsts, IBs. .'•..''