DISTRICT COURT.

Nelson Evening Mail, Volume XII, Issue 1168, 18 July 1877, Page 2

DISTRICT COURT.

[Before his Honor Judge Broad.] Tub Happy Valley Perjury Cases. After nearly two hours deliberation, the jury last night returned a verdict of Guilty against Isaac ilarvc.% the younger This morning on the prisoner beine brought up for sentence, Mr Fell moved that it be arrested on the grounds that the indictment was faulty on two points. The first was that there was no allegation of the authority of the Magistrate in the lower Court to deal with the case except in a part of the indictment which a tually was surplusage and therefore might be regarded as nonexistent. The second was that there was no distinct charge against the prisoner, the statement being that he "falsely swore that he was not out shooting on tee Hth of May and that he was not on Meads' land either with William Harvey, or with Turner, or with both, or by himself." The being '< out shooting" was immaterial, and the "either" and the "or "in reference to the trespass rendered it impossible to say precisely with which offence he was charged, whether with denying that he was on the ground with his brother, with Turner, with both, or by himself. ' After hearing arguments on both sides, his Honor over-ruled both objections, and then addressing the prisoner, said .—Prisoner at tne bar, I shall make no remarks ou your case, as anything I might say might prejudice those which are to follow. The sentence of the Court is that you be imprisoned with hard labor for one year. The Qoeen against C. K. Turner. Charles King Turner was charged with having committed wilful perjury ii fthe cZ of Meads v. Harvey and others, in that he

swore that he ytaa in town on the I4fch of May with a heavy cart, and that he did nbfe-' arrive at home uniiljdask, and that he was ?J* 0 "* shooting on that day, nor was he on Meads land, and ;that neither he nor Isaa. v Harvey nor .William Harvey were on thd land. Mr H. Adding, wifch him Mr Bunh2 appeared for tne- prosecution, and MrFelF for the defence. The following jury was sworn :— J. T. i Robinson, Alexander Robertson (foreman), j J. V. Freeman, R. Eden, H. Webley, Lewis , ntts, J. Reynolds, Leonard Bartell, Amos. Harlwg, D. Burn, W. Tovey, Alexander T. ! Robertson. : ■- \ Th^ [following were challenged, most of them having been on fche jury in the previous case, Arthur Dodson, W. Wilkes, W Higgs, G. Fleming, Jesse Hounsell, J. Withers, R. J. Malcolm, E. Thomas, J. Hingston, W. Fairhall, -J. ' White, Walter Newport,- "J. Barrett, J. Castle, W. Northam, J. Walker. After opening the case for the prosecution ~ Mr Adams called H. C. Baddeley, who gave evidence similar to that in the previous castas did also H. Flowers/Alice Meads, J. BunA gate, and Harrie.Ban&ate. ! ' j j . Helen ' Flowers deposed that on the 14thJ of May, between 9 and 10 in the morning, she saw Turner going towards his home with a horse that had leading harness on. She stopped and had some conversation with hifl..' He spoke about Harvey's cafcfcle feeing in thd< pound. j ■ • U Alfred James" Meades deposed to seemg 3 Turner's cart going out from town in charge of his man about dusk on the 14th of May. - T£jM.*«n Henry Clo9e an d James-Martin, saw Turner at home about 1030 on'thatmorning,.- ! ; - , - • ■-' Thomas Dodson saw Turner's dart heifl^ driven to- town! by his man on fche Monday r morning.. '■. ._ V . j./ <. Cross-examiied: Could not remember, what carts passed on other days. '-■+■ Elizabeth Bum saw Turner's roandrivinga load of wood 1 into town about il a.m. <otr the Hth of May. It had one horse in it. She spoke to fche man. Met Isaac Harvey about the same time going out from town. This concluded the evidence fot thej'prosecution. Mr Fell having opened fche 'wise for fche defence, the Court adjourned until 10 a.m. to-morrow. \ . _ . — •-. »