R.M.’s Court, Gisborne.

Poverty Bay Standard, Volume X, Issue 1086, 13 June 1882, Page 2

R.M.’s Court, Gisborne.

Monday, 12th June. [Before M. Piner, Esq., K.M.] Charge of Perjury. Thomas McAneny was charged with having, on the 6th of June, committed perjury whilst giving evidence in the case of McAneny v. Bougen. Prosecutor, who was not defended by counsel, pleaded Not Guilty. “ Graham Lord Greenwood, Clerk to the Court, deposed that on the 6th of the present month lie was acting in his usual capacity. On that day the accused appeared in an action against George Bougen for £4 Is. 7d. Defendant paid 12s. 2d. into Court. Mr Brassey acted as counsel for the defendant. Witness heard the accused deny having received £2 from Bougen on the 30th of May last on account of the claim then being investigated. Mr Greenwood then read his notes, as taken at the time. The accused had been sworn at the time he denied this by His Worship the Resident Magistrate, and questions relating to the matter were clearly put by Mr Brassey more than once, and accused persistently denied having received the two £1 notes. Judgment was passed for defendant with costs. Prisoner asked no questions. Willoughby Brassey, barrister, deposed : I was acting as counsel for

the defendant in the case of McAneny v. Bougen on the 6th inst. Mr Price sat upon the bench on that occasion. I heard the evidence. The accused was plaintiff in that action, and was sworn by the Resident Magistrate. I cross-examined accused. I asked him if he ever received £2 from Bougen, and he denied it. The question I put to the accused was if he had not received other money than that which he had in his bill of particulars given credit to Bougen. He said he had not. I asked him if ho was sure, as I intended to contradict him. I asked him if he had not received £2 from Bougen on May 30, and ho said “No ” I asked him if be would swear so, and he did swear so. I asked him if he did not receive two £1 notes outside Scott’s Hotel, at Makaraka, from Bougen. He said he would swear he did not. I questioned him repeatedly in different forms, and he each time swore he had not received the money. The questions wont to the very root of the action being tried. Prisoner declined to ask any questions. George Bougen deposed that accused who had been working for witness, earned £3 6s 6d during last month. Witness was sued by accused for £1 Is 7}d, balance of wages. Before I was sued I gavo accused an order for £2 on R. Austin. I was not told until tho day of tho races that the order was not paid. On the following day I. saw the accused between half past 9 and 10 o’clock, at Makaraka, opposite J. and A. Davis’ store. I asked accused if Austin had given him the money. He said ho had’nt spoken to him. I said I would ask for it. I. went towards Mr Austin, who handed me tho money without having to ask for it. Austin gave mo two one pound notes. I then went back to McAneny and gavo him the two pounds. Austin was not more than six or seven yards away, and must hare seen mo give the money. Accused then shouted at the hotel for myself and Austin. In the statement of account 1 was sued on, I got no credit for the £2. When the case was being heard I heard the accused deny having received the money. I paid into court on the sth 4s 2d, and 8s costs, as that was all I considered was due. To the Bench : On Wednesday, tho 31st of May, accused told me he was going to summon me. He said no one had seen mo give him the £2, and he would summon mo for the lot. Prisoner said he had no questions to ask at present. Robert A ustin gavo evidence corroborative of the previous testimony, and the prisoner—although having a witness present, whom he declined to call—was committed to take his trial at the next sitting of the District Court to beholden at Gisborne. This concluded tho business.