RESIDENT MAGISTRATE'S COURT.

Manawatu Times, Volume III, Issue 92, 15 November 1879, Page 2

RESIDENT MAGISTRATE'S COURT.

Thursday, No'veaibeb 13 18f9. . [Before E. • Ward, Esq. R.M.] ■ ' if'! fRtiJUBYir O' V. '"} 1> Benjamin Pepper, saddler, of Palmerston, was informed against by Piers E. Warburton, Trustee m Bankruptcy,, that lie did 6& the 3< »th day of October, 1 and the 4th. 'day of - Spvember>iolß7J£ at Palmerston North, 1 falsely,- wickedlgcT wilfully; and- corKuptly commit wilful and corrupt; perjury m the testimony he gave hip'QnVoathi'in 'his .examink^si§" before the" said' Piers f Eliot Warburtdn; official trustee m the bankruptcy of the said ' Benjamin Pepper, 'contrary to the form and statute m- such case ma4e and proyide'd. ■■-■f'k :}'u^: : ->', -■;::;:!:.!';..;)■ 'Mr. Prior appeared^for : the -accused, an d asked that all ! witnesses ? sho.ul.dbjß ordei ; ed l quto£ Court.- > - ;.- ;<■ v Mr .v Piers Warburton conducted the case for the prosebiition,. and" called,; .f f Ar h fS i ndy s Brooks^ r a ter,*who statea\thab he Was, clerk of tixe District Court of Palmerston .North, j The defendant filed his declaration of insolvency and I now produce it. It was filed on the 21st day of August, 1879, and dated tKe 19' th 'day/of August^l^.. I produce the Gazette notice appointing Miv Warburton trustee m; 'PSpper's estate; and his acceptance of .the"; appointmenti^ - ; ; : ; i* ; i > Mr. Prior took- objection tbH he slips cutf rdm the Maiitiwcctu Times, i&tating' that they were mere slips oE paper, holding- that tl\6 Qcizette "m its entirety should have been produced. The Magistrate~overruled' the objection, bei ig. satisfied that the slips were, as the purpdrted.fcobe,{exti'acts from th.6 Gf-azette. ; , ' " , Examination resumed •, ; I was present at the examinations hield by you of the insolveut dri the 30th of October and 4thof November. 1 - ?- - - vl'V To the Bench- 1 The, notices of bankruptcy 'have : beon- published m more than one paper. . To the Trustee : You examined the insolvent on. the 30tli,of October, at the Court House, Pahuerston. I was present, the oath w,as administered upon the Gospel, and I took the eviderce dovvri for you, ■ There/ was a se-, .cond exaiiiination 'at : the same place bn the 4th of November by you, at which I vraii alsp ;■ "p.resjent. It was on oath, l^ie depositions - produced are the same taken down by me on the respective dates luentioned. Mr. Prior took exception to the admission of the : depositions, inasmuch as by the oth Clause of .the Aniendment' Acst, 1879, aii ihsciyent upon oath was .held guiltless for any statement he was Compelled to make. / : r ' - The Trustee pointed out that he 4*4 not put. in, the' examinations on oath as evidence, but as the ctiinl crime with \vhieh prison i«r was charged. The Bench hel.l that they could riot be received othei;tvi?e than as evidence.. Mr. Warburton was about to explain the Clause\ under which Mr. Prior claimed exemption, for his, client, when The Magistrate ruled that it was not competent for .;_a. layman . ..to address the Bench upon apoiut of law. With regard.; to Clause quoted by counsel, Mr. Ward, after cjireful" consideration, was of opinion that it .was never intended to bear out the construction submitted by Mr. Prior. :;The Clause was retrospective — so io speak— in its meauing, and was intended to hold; the insolvent scatheless for any action prior to the examination. He could nob for a moment imagine it would bear out the construction ; put, forward on behalf of. the accused;-'for if such were the case, the "very ends for which examinations were held would be defeated, as insolvents could make what statements they pleased without fear of cousecj uence. That was his opinion, aud should the accused be corntmtted for trial, it w*ild b« Tor the judge to set hiiii? .right. The point was a nice one, arulhe was pleased it had been raised. - ? " Examiimtiqn continued.'— l hold, m my hand the depositions^ on oath made by Benjamin Pepper before Mr. Piers Warburton, on the 3 )th of October, 187 i), and the deposition taken om the 4th of November, 1879, before tho said trustee. " They were read over to the defendant before lie sigued them. They have hot been altered m auy way sinoo. They have been iii the hands of the District Court since then.' ' , Ci'oss-exauiiiiod.— rl was present at tho whole of the examination, and took the evidence with the'' exception of writing the heading to the deposition. On the 4r,!i I may have gone into the next.. room, vyhilp tho examination was being conducted, but when I came back J again I continued the evidence. I was not out of the Court-house for more than one minute. I did uot go outside the huilding. I merely woufc out to. speak to some one. I read the deposition p,ver tv the accused, aud ho signed it ilviny presence. To the Trustee. — It was after Pepper was upon his oath that I weqfc info the n»xt;room. To the Bench. — As nearly as . I can remember, the words of the oath were : ''You shall truly answer all questions concarnin^ your bankruptcy, So help your God," It was' Mr. Warb.urtoii who administered the oath. To Mr. Pi-ior.— l am positive that I was present vrheo. the prisoner sig;ied the deposition, as I reuieinber .Mr. WarburlQ.u a.ski«g him to iuitial the sheets. ■'■.." Biers Eliot W'ai^urton, trustee of the c.state, examined : Tho assignrneiit of perjury area s follows: — Theevide;ice given before mo by. Beiijami:i Pepper, on oath, oii tlie 3Jfch day of October^' 1879, "t-o» ta i U!i tue ' following: — "(.he dates, names, with amouats follow.u^ opposite to them m my ledger aru correct. Jolui i?U 155.;

John Franzen, £5 10s, j Sir. Clearer, €6 Os. 6d. 5 My. BuiToves, £7 14s. 6d. ; Mr. Pearce, £12 12s. od, I Mr. Quinlivan, £2 155. ; Mr. Maamahon, £6 10s. ; P. Johnson, £8 10s. 6d, $ Mr. Scott, £7 18s. 6d. The above persons. came to ray shop, and I sold the goods, and they took them away." In the re-exa_n}ina-; tion of the defendant, taken ipon^jpattf before me on the 4th day of Novetriber, 1879, occurs the following : — "John Nikklesen, bought the goods after : dinner-on-the 19 th . August-last.—JahfL Franzen bought the goods about ten. or eleven o'clock on the morning of the 1 9th Augustr"Mr: ""Cleareir ~pureha-sed-the goods late oh- the afternoon of the 19th ; August, -• P«iree purchased, his goods on the 19th of Augnst, I think m. the afternoon, but I will, not swear exactly to the time. Quinlivan purchased; goods ; 6n the rl9th August,; between eleven land twelvein the i morning. Macmahon:.purchased: goo f 1 s .on : the 19th August, ibetweenlpur.and five, p.m. MrScott : purchased^: goods ? on. the 2lst of. August, between four -and five . o'clock . m the afternoon. - John;; Nikjklesen, John Franzen, Mri ..Mr. Pearce; Mr; QuinltVanv IMr^r Williams, P. Johnson; and Mr.^Scot^all speak broken English, and are foreigner?, and, I : believe : Scandinavians;" . The fornli of path administered: toVthe insol#ejit .was, as near f as 'I: rememberi as -fpllpw^ :— "The answers you shall make touching your estate;.." shall bo/the truth, ..the whole truth, and nothing but the ttulji, so help your G-od." Vi. «■;-■. V.-'.-j >.;.-,f ;. ■ : To the Bench: The evidence given by Pepper f yra.s very material to the inquiry," as' it ! had ; to" do witTi/the: statement of the assets ;of; the /insolvent, as a( test ( f their hona fides. - ; To Mr. Brybr :, The ledger, belpnging to insolvent is m; the/ppssessibn of the Qoxivt. "■■■: Ledger I produce^ : , ; when. ■ .witness pointed them all oat -tp counsel^ . The entries >re ? not. in the handwriting of accused. I believe I made an error when notifying. the ? insplvent':the : day of- meeting.!;' Since I -have bWii appointed trustee-a)} defendant's,, goods have been mmy charge. I am aware that insolvent was working in jhis shop up to a few days before his filing, j' V Hi«ilmar Grafß examined : I am bjjiliff; and Scandinayiaji interpreter to Ihe PalmerstorijNrorth District^ouTt. I have lived m or near Palmerston for about five years. \\ Jknqw allthe Rcan:dinavians m; tliis : district, I ;_alsp know most of the pther T fo.reigVers^|hn[t i« to say Germans, t, dp not know; John i^ikklesen.: but there are thWi Scandinavians of the.name Jof Nikkle^sen m the ■ district. . I, do not know.' John Franzen. It is not .a.Scandinaviah name. :I do, not know Mr.; sa«rowes, 'It-isnot a ; ?eanrlinavian name.J • 1 do not know Mr. Pierce. It is riofe:a ; Scan; j dinaviaii name. Ido not Mr. Quinlivan. It is riot -a Sfianflinavian. name. Tdo not . know P.. Jolin«on. : It is a Scandinavian name. I do not know Mr Scoff?, v lt: is ; not a Sandinavran name/. • Twas^ m possession ; in r the insolvent's shop on fclie l9th ofAnglist. I wen t m abohfc 'hal f pastien and remained; until brie> j I vfsis there again . ahoii fc six or seven anrt left about eisrnfc. While. l was away J left Mi". Lofkie m charge of certain things 6? which 1 1 had taken possession, • an^lwhiph were m the shop There, were no goo/ls Js'old,' as fair as T re-' roomber, of any impoftano»»,-i-in fact, none nt all, during.the time Iwas th(»re. r Mr. TCupter came into the Rhon during Hie foTe'ndoiVto f have some repairs done, but duxMnor the af^rnoon there was no business done. Therm was; no solo at ten or eleven to John Franzen There •was no sale to M-r. Ouinlt.van between eleven and fwelvo. Th«'e was no^sale to Mr. Williams is the fonenoon ,as far as lam awnre of . None of those persons could have bought goods to the amount of £14 without ,my knowledge^ and, taken. them away. T wa* m possessi on again' hit the de fenrlant's " shop on 21st. It went a little before ,'ten m the morning. Goods were not sold to' Mr. Scott betweph the : hours of four and five on tint day to the amount of £7- 4s: fid. Mr. Scott could not have been at defendant's shop at that hdu'r!, bought the goods. and taken away without my knowlerlge. To M>j Piior : "When I took possesion on the ]L9th the prisoner wa<? havina his dinner.. I_ have known Scandinavians upon ai'riving m theOoleny .fo change "their names. Goods were taken /away f»om the shop to >he' amount oF £79 worth. On the I.9th I did not Uave • before one o'clock, ancl returnod about about/half past six:' and. left^after an hour and a half. I- Will ; swe?^ it was more than ten ■"m?nutes, i Jpr. it would take more than half an hour to get the things; away. After ;the £79: worth had been taken away there were somewhere about the same amount of ! goods left a_S: were there when I reUiraedon the 21st. There' are several Scandinavians of the name of Mikkl< sai. To the i Beach : I did not mean to say that when I entered the shop Peppeii was having his dinner. I intended to say ho was called but from the: back premises, Mr. Jcnsseu \ras with me at the "tune, and he said "If .you are having lunch,^dont disturb yourself for a- Few uioQieuts." I do 'uofc retnember a saddle being sold after I had tsiken possession. ;-. « , ■=■. Brit? Jenasen deposed : lam a millowucr, residing m Palmerston. I know the accused. ; I was at the defendant. s shop p.n the 19th of August, at a little before ten ia the morning .-.uiiiil- close up/Mi eleven. Iwas there again a lii tie before oue, and staid until half- past two, as hqU as I can remember. There were no sales, made "to the defendant to any one while I was m his shop tiat day. I can swear that during my fi.-st visit there. was no sale, whttever, lain, a Scandinavian, but I dp hot' know all the Scandinavians m the district personally, although I know -most of the;n. I do not know John Nikklee i. I knoiy Jorgen NikkleHen, who lives m Palmerstoa. Ido hpjt kno.w John Frauzen, but it might be it Scaudtnaviaa nama. I do 'not know Mr. Burrowes. Ifcis not a Scandinavian name. Ido not know Mr. Pierce, "it is not a Seandinaviun name. Ido np.t kno^v Mi*. Quiniivan. It isnot a Seandiuaviau ua.iue. Ido not know a Mr- Williams a Scandinavian, fo.rit ig not a 'Scandinavian name. I do not lcno\v P% Johnson. bu,t it can be a Scandinaviau n^iue,. Xda not know a Scandinavian thena,m,e of. Scot I*, yet-1 b •- lieve there, are Scotts m Norway, but T Jiave uever he.arfi of any m New Zealand. Neither have I hear.ll of any Franzans iuJ^c'.v Zualaiid, ' '

To Mr. Prior.— On the 19th of August I went in to the prisoners shop at about ten, aniohenjigain about one. When I went m the "second time Mr. Graff followed me m. When I went m m the morning there was no one with inc. I did not;Sje>e Mr,; Graff there at that time. He may^haylfbeen at the door, but he was rtiot indae. On the second occasion I thuSk the defendant's. son told me that he was at his dinner, and asked me to wait. I have known a person of the name of Williams, but he left Palmerstbn more than fnfeemonths ago; Xdo not know a\WiUiams a. horse-dealer.; I -say- that Pierce is not. a.CJerman name, although it might be since Germany has become an Empire. J I 'have known Scandinavians on coining to British colonies adopt English names. V To the Trustee. — T do not know any Scandinavians who have adopted any of the names about which, you have c[ue*stioned nae> ;: , ; . > . , ._ George Simpson Lpckie examined.— I am a clerk residing inpPalmerston, and kno ; w the accused, I had something to xlo with defendant's ledger. ; It was jot: the day before Mr. Graff took possession on behalf of Kichter, Nannestad & Co. I "hare made no entries or" alterations m the ledgers since then. On that occa^ . sion I made all the entries and dates by the defendant's direction. The entries made ;> on^liat day r were post-dated. That was done by defendant's directions. He gave nic no specific reason for so doing, though sometimes orders were entered before they were executed. " John, Nikklesen"; was entered on the day before Graff took possessioni 1 A number of .other en tries 'were made on the'same day, arid assuming that Graff; took possession on the 19th, then all the entries were post-dated one day^ I remember on the day^ after; the entries were made .being asked by Graff to take charge of certain goods: -I did take .... charge of .them, at aboßLt on© o'clock m t.he._day> I remained m charge until about seven o'clock m the ieveningv r ?I remained m the shop the whole ©f th« time. Th ere were no. sales made during the time I was m charge-^-thal; is from abouttone o'clock-unti^ seven. , To Mri -Prior ■■'i- 1 da'nnbt remeiiber the date upon which Mr. Graff took possession. There- was no day book kept. 1 made up the ledger from Pepper.?s instfiictioni? and : fromvmemorandaV TliO: pn.rticu|ar entries 'upon which ■■'% '■- .-hair-e beeu examined were to the best ■of my. recollect jpn from Mr. Pepper's, verbal, instructions, t will not swear -that .some of them weie.Jicit copied from memoranda.; "The jjiiteries were made .at Eldmfcaw's; anclMrr'PepDer was; with ma. ; .I was.not % Peppei^Jparlon, I notiaed at the time that some of tha entries were' post dated, but I did np* think much of it as \ thbught . it was inorder to give time to,h r jiye the order executed. Wlien an ordei* catno m, very frequently, it was entered upon slip of paper and an amount put to it before the order was executed at all. It was pne o'clock m the afternoon when J ; took charge of goodsf or Graff, and leEfc at seven, and. during tho iritefval I ; did not leave the Rritn^ises. and. could .watch the, shop, as j^n^'d a reason' for. so 4oing. ; I had;, iny^^ mnner. before I went and did not have 'tea until after I left. I again swear that the entries m the ledger wei-e npfc nuide inPepper'3 badk,parlor. ' - ,■•"■ '■:': '.*'.'.-...'"■' IMifS'^dncluded the evidence, fqr the prosecution, . :.' ■-•■ ;!;/>/■: -."' , . ■ * -Mr.' Prior did not.call any evidence/ for the defence^ ; but. addressed .the. Oourt at considerable lengthy again adverting to the legal point raised at sthe outset of the case;. ; .^t its conclusion. The Magistrate, sqid he considered a strong prima facie case, wasr made \ oufc and lie had determined to ( ommif the accused for trial. He found that \.& next, sitting of the: Supreme CotiPt would not ; be holden atWanganui for six months, '.a».d onthafc accoiiut would not make the bail as heavy as. otherwise would have, been. the ease.. •' ' - i ' Mr. Prioi ; begged' to make a, remark before the amount of bail was Sxed. He w ou^d ask his Worship to consider the position of the accused. Had Pepper held a good position m the town, be. . (Mr. Prior) would make no opposition to aheayy bail being exacted, but if the: amount . vreu'e not fixed at something, reasonable, it would bo tantamount to sentencing him to six months' imprispnraent. .;*■ .The Magistrate, said he had deterr. mined to reduce the security, in^l would allow, bail, the accused m £250.. and two, sureties m a like- amount. ' . . The prispner^who t';es#rved h\s defence, was then forainlly committed!- for trial at the^next fitting .pf the; Supieuio^Gourt/ at Wanganui. - -lABCEKY. ; -"■•. Hona Tapa, :wasin formed^against by rEpbert Gibson libgan, that he di4j»teal a whip, valued at jgl, the property of; the informant. ;^.; ; ,' The base was heard at .some length. I but the Bench was under-the impression.' I that the evidence was not sufficiently strong to couvict, and, discharged the accused. - , .-•■■» BREACH OP- THB PBAOB. Thomas Pearce^ was,, complained against by Constable iDraper, for a breach of the p,ea.apj hyi being, guilty of disorderly 'a"hd riotous conduct at P,almerston, on the 10th instant. "- The defendant did not appear t andj was naed £1 arid 7s. costs.