RESIDENT MAGISTRATE’S COURT.

New Zealand Times, Volume XXXIV, Issue 5847, 25 December 1879, Page 2

RESIDENT MAGISTRATE’S COURT.

■Wednesday, December 21. (Before Messrs. W. Hickson and G. V. Shannon, J.P.'s). DRUNKENNESS. One drunkard was ordered to pay a fine of 10s., or go to gaol for 48 hours. ALLEGED PERJURY. Phillip Kingcome Watty was charged, on remand, with perjury, in having made a false affidavit to the Commissioner of Stamps with reference to the estate of the late John Hood, hotelkeeper, who died on July 29, 1878. The case briefly stated is to the effect that after the death of Mr. Hood, Mr. Watty was appointed administrator, and that he stated in his affidavit to the Stamp Department as to the effects of. deceased that there was only £3 18s. in cash in the house at the time, The prosecution sought to show that there was a far greater amount than this, and that Mr. Watty had committed wilful and corrupt perjury in swearing to the amount stated. Mr. Bell appeared on behalf of the prosecution, and Mr. Stafford for the defence. The principal evidence taken was that of Captain Berriman (brother to Mrs. Hood), Mrs. Hood, and Mr. Kirk, clerk to Mr. Watty. Mrs. Hood and her brother both deposed to the fact that at the time referred to by the affidavit,, (here was about £2O in the house, but upon being pressed neither appeared very certain, the only sum they could absolutely swear to being about £5. Mrs. Hood deposed to having p.M Mr. Watty, £79, £2O of which was cash, and the rest (cheques, and Mr. Kirk deposed to having banked a similar amqunt, but it transpired that the amofmt!hMked.was on a different day eptice!y:io : ' naffied byjtfrs. '.Hood ' " J ’" <

Mr. Stafford submitted there was no case, and said he did not propose to call any evidence for the defence, unless the Bench considered it necessary. Mr. Bell replied, submitting that a prima facie ca=e ha 1 bees made out. After consideration, the Beach announced that there was not sufficient evidence to support the charge, and therefore dismissed the information. Mr. Stafford asked for a certificate that the case was dismissed upon its merits, but after considerable discussion, the Bench decided that they had only power to give such a certificate in summary jurisdiction. They, however, staled that this case was dismissed upon its merits, and they consented to endorse the information to that effect. A second charge against Mr. Watty of a similar nature was then commenced, but after Mrs. Hood had been partly examined,* the Bench postponed the further hearing of the case for a week, accused being again admitted to bail. DOUBLE VOTING. William Hales was again brought up on remand, charged with voting twice at the Wellington Country Districts election. Mr. Bell again appeared for the prosecution, and Mr. Chapman for the defence. The evidence had been previously taken, the case merely having been adjourned iu order that the voting papers might be put iu. These were now produced by a clerk from the Parliamentary Buildings, and the accused was committed for trial, bail being allowed, himself iu £SO, and one surety of £25. LARCENY. Catherine Wilkinson was charged with the larceny that day of a wheelbarrow, valued at 13a, the property of Mr. Raymond, Willisstreet. She pleaded not guilty, but the case having been proved, she was sent to gaol for forty-eight hours.