MAGISTERIAL.

South Canterbury Times, Issue 2825, 14 April 1882, Page 2

MAGISTERIAL.

TIMAEU—THIS DAY. [Before E. G. Stericker, Esq.] drunkenness. A first offender, charged with this offence," was dismissed with a caution. PERJURY. Joseph Bazely was charged, on the information of Peter McCaskill, with wilful and corrupt perjury on the occasion of the Magisterial examination into the charge of larceny of wool, held on 31st March. Mr Hamersley appeared to prosecute. The accused asked His Worship to give him half an hour, in which to see a solicitor. His Worship granted the half hour, and the Court adjourned accordingly. On resuming, Mr White appeared for the defence.

Mr Hamersley, for the prosecution, stated that the case arose out of the charge of wool stealing recently heard. The accused was charged with stating that the defendants in that case had sent away some ofthe Union Company’s wool, bearing their own brand, whereas witnesses from Christchurch and elsewhere had sworn there was no brand on the wool so sent away. He would show that perjury, as defined by statute, had been committed and he cited authorities on tte subject. Another accusation against Bazley was that he had falsely sworn that certain wool was the property of the Insurance Company. Thomas Howley, Clerk o£ the Court produced the evidence of accused given at the hearing of the charge against McCaskill and Rooney, with the depositions taken at the hearing of the information, and proved that accused had sworn the following, viz., that the bales were marked M. and R. over T. that the 6 bales were the property of the Insurance Company, and that they were sent away by an express van. Witness also proved that a number of other witnesses gave evidence on that occasion. Mr White here strongly objected to the depositions being put in as a whole, and some animated discussion took place on this point, between the learned counsel. At length Mr Hamersley put questions which witness replied to, refreshing his memory by reference to the depositions. To Mr White —Bazely was the first witness examined at the hearing. There was an application made for a remand, on the ground that further evidence would be forthcoming. That application had not been granted, and the case had been dismissed.

Austin Kirby, detective officer, said bo executed the warrant (produced) by arresting the two McCaskills and Rooney on March last. The ease was heard on March 31, and the accused on that occasion gave evidence. He saw several bales, about 80, at Matson’s, in Christchurch, all marked but one. The mark was “ M.R.” over “T.” One bale had “ No. 4 ” marked on it. To Mr White—The one marked “No. 4” was marked with a sort of raddle. There were no other marks on them except the marks I have specified. I did not know accused. John McCaskill, junr., said he was in the employ of McCaskill and Rooney on February 21. He remembered their sending away six bales on that day. They were not branded “ M. and R.” over “ T.” so far as I remember, but they had raddle marks. They were the property of the firm. Witness knew they had not sent away any wool belonging to the Union Insurance Company. The six bales were sent to Moss Jonas, auctioneer, Timaru, and were carted by Forward. No other wool was sent away on that date. To Mr White —I am not sure whether Bazely and Golden were near the express when the wool was sent away. They were on the works. I dont think either of them spoke to me about the six bales. I do not remember Golden saying to me “ why are you sending away wool and Marshall not here.” I will not swear this, neither will I swear that I did not reply to him. One of the men may have said these words, and I may have said, I believe I did say, “ It’s no business of Marshall’s.” I will not swear that I did not say, “We are going to have a lark with Marshall, and get him the sack.” I heard Bazely's evidence at the hearing. I believe he said the same as to the words I used. Marshall was not on the works on 21st February. I knew my father and Marshall had gone away at that time, I know Marshall was employed by the Insurance Company, not by McCaskill and Rooney. I generally direct the sending away of wool. We had sent away no unbranded bales before 21st February when we sent the six referred to. We had brands there on that occasion, but as the wool was to be sold in Timaru I did not think it necessary to brand them. We had never before sent wool to be sold in Timaru. It was not sent to be sold, it was to meet a bill. I swear those are the first I ever sent in in this manner, but I sent others in next day. I wished to be saved trouble and I thought it would be more convenient for the buyer to put his own brand on the bales. This was ray reason. The reasons I gave above are correctly stated. I could brand 20 bales per hour, so that 1 could have branded these in half an hour. Ibave sen t no other bales away unbranded. I was instructed by my father in what I did. He said nothing about branding, that was left to myself. I do not remember the conversation between myself and my father about sending away the wool. He told me to send in all the wool I had read}'. I knew of my own knowledge about the bill that was due. I will not swear this was all my father said to me. I remember no words that my father used, I only remember the purport of the conversation. The branding is always left to me. This was the first we had sent to Timaru, and as it was going to Timaru I did aot brand it. All the three reasons I have given urged me to leave the wool unbranded, I never sent unbranded wool to Miles Archer. All I sent there was for shipment to the Old Country. It is usual to brand wool that is going home. Re-examined by Mr Hamersley— The Union Co.’s wool had been cleared out on the 28th, the Saturday night. To Mr White—No more Union

Company’s wool was sent away after February. Archibald Macintyro said he was in> the employ of the firm as a wool sorter on February 21. He was then wool sorting. He knew what wool was packed and ready to go in the shed then. There were 14 such bales. Six bales were sent away on February 21 belonging to McCaskill and Rooney. It was the 18th of January when witness joined the works. They had a lot of wool then, 20 pressed bales. They were making ready for the City of Cashmere’s wool. There were about 40 bales of unsecured wool lying about ready to be scoured. Witness remembered ■ the City of Cashmere’s wool coming to the place; there was some at the works when he arrived Here. There were skins besides wool on the premises. The 6 bales that went away on the 21st belonged to the firm, as well as the 6 that went on the 22nd. The Union wool had gone a day or two before. Only a little of it was left in the shed.

To Mr White—The 20 bales in the shed and the 40 waiting to be scoured were damaged by fire and water. I was wool sorting. I noticed the wool whenever it came through my hands, but not the bales exactly. After it was sorted Bazely used to take it to the scourers, I did not see what became of the bales and could not know whose wool left the shed. The bales are branded just before leaving the shed, I never counted the bales, they might easily be moved without my knowledge. Bales were often being sent away in February. The weather was bad on the 21st and 22nd and I was more in the shed, so that I remember the number that went away. I remember Russell, be was a brander. I had no communication with Russell about the wool. I do not remember saying anything to Russell about the wool, nor his saying anything to me. I have been in trouble myself once before this. I saw the six bales on 22nd February—they were not branded they had a raddle mark. Heard no conversation between Golden and young McCaskill. I am not sure whether those sent on the 21st were branded or not. I never saw wool unbranded going away, but such might happen without my seeing it. I know McCaskill and Rooney’s wool because it is sorted, and washed separately. Could not say what was done with the wool afterwards. Bales might be changed or made up of other sorts of wool, without my knowing it. Some of the firm’s wool would have fetched firstrate prices. I never saw any other wool sent away unbranded. Re-examided —Witness knew there were 12 bales of McCaskill and Kooney’a there on the 21st. They sent away all they had except one. Mr Hamersley applied for a remand to Wednesday, in order to produce certain witnesses. The case was therefore remanded to Wednesday.