SPORTING.

Temuka Leader, Issue 1560, 24 March 1887, Page 2

SPORTING.

OBRALDINH RACES. The programme for the Autumn Heating of this club is now out, and is a very credit* able one. It eomprises eix orenti, and the sum of £276 is offered in the aggregate for the one day's racing. As this meeting is to be held on the 20th of June, at which time there are usually no counter attractions in the district, it is more than probable that it will be a most successful one. DUNEDIN* RACES. There was a moderate attendance at these races yesterday. The weather was fine. Results UUBDLIS. Garibaldi 1 Dunlnoe 2 Mayboy ... 3 Won in a canter, Trapper was last all the way. Time—3min 9eeo. Dividend, £1 9s 6d.

annitibsabt hakdioaf. Quibble 1 Srerton Lad ... 2 Mokoia ••*, ••• 3 light started and good finish. Won by a nose; third horse half a head behind. Time—2min 13i sec. Diyidend, £2 16s. lILUBCt BACK. Tongariro 1 Nonpareil • Disappointment 8 Tims—lmin 57i«eo. Dividend £llls,

At the Nelson Races yssterday there was a good attendance. The weather was grand. The Handicap Hurdles was won by Mr Mason 1 * Peter Oabeek, Mr Shearbv’e Orient being second, and Mr Hoskins’Freebooter third. The race waa a magnificent one, and yea won by hall ahead. lire others ran,

RESIDENT MAGISTRATE’S COURT,

Temuka—Wednesday, March 23, 1887.

(Before D. In wood, J. Talbot, and James Guild, Esqs., J.P.’a.-) NEGLECTING TO REGISTER. Jeremiah Tanguey was charged with having neglected to register the birth of his child. The defendaoi said he had forgotten all about it, and a fine of 10s was inflicted. BREAKING WINDOWS. Nine children, whose ages ranged from 7to 14 years of age, rere charged with having broken the windows of a Certain house in Temuka, by throwing stones at it.

Three of them pleaded not guilty and the others admitted the charge. Jane Ackroyd gave evidence to the effect that she did not see throw any stones, but saw some of the others throwing them. Ruth Roberts stated that she saw throw stones, but the glass was all broken when she threw them. A. W. Surridga gave evidence to the effect that 16 panes of glass were broken, the value of which was £1 16s. No other damage was done. One of the defendants stated that ..... and began it on the first day. On the second day and ii— were there. They collected heaps of paper in the middle of the floor of the house, and ■»- set fire to it. Witness put it out. All the panes of glass were broken before came. In reply to the Court, Constable Mor* ton said the boys were amongat the best behaved in tbs district, Mr Inwood said the charge against the two Palmers would be dismissed, and the others would have to pay £4 lls, the amount of the costs and damages, between them. Mr Surridge declined to charge any* thing for his attendance. [Mr Inwood here left the Bench and Mr Gray took bis seat]. ALLEGED PERJURY. James Spratley was brought up on re* mand, charged with having committed on the 2nd day of March last wilful eorrupt par jury during the hearing of the case of assault, Spratley v. Morton. Mr White appeared for the prosecution, and Mr Tosswill for the defendant. Mr Tosswill submitted that the information was bad, inasmuch as that it did not set out the words alleged to be a pev* jury. He quoted from Johnston’s Justice of the Peace to show that the words must be set out in the information. Mr White said there was nothing in the objection. If the information was bad it could be amended. The Bench held the information was good. Mr Tosswill: Against what Judge Johnston has said on the subject, Your Worships f Mr Talbot l Yes. Mr White then proceeded to open the case, and in the course ef his address dwelt on the question as to whether the alleged perjury had any material effect on the question at issue or not. He quoted from Roscoe, pages 228, 830, and 831, citing several cases to show that if it effected the credibility of the witness anything sworn falsely con* stituted perjury. He also quoted from a - digest of criminal law to show that any* thing sworn to on cross-examination was . material to the question at issue. The following evidence was then taken : William Wills: lam Glerk of the Court in Temu'a. I produce the information . in the case of Spratley v. Morton for assault. It was beard before J. S, Beswick, Esq., R.M., and J. Talbot Esq,, J.P., on the 2nd March, Spratley gave evidence. The information was dismissed, Denis Guerin, Constable, stationed at Temuka ; Was present at the hearing of the information Spratley v. Morten. Spratley gave evidence. He was sworn by me. Thomas Brobam: 1 am Inspector of police, stationed at Timaru. Was present at the bearing of the case Spratley v. Morton. Spratley was the complainant, and he gave evidence. I produco letter. He was cross-examined on |he letter produced. I received a letter frottr Mr F. W. Badham On or abont the 21st of February. In reference to the letter be said “ one William wrote that letter. I.told him about the case. 1 have not seen him since.” He said he wrote it in a hotel, I believe Quinn’s. To Mr Tosswill; It was an assault case.

Mr Tosswill: Do yon think the letter would mateiially affect the case of assault. Witness s I think it would, as it showed, that Spratley was only the mouth.piede of Mr Badbatn. A rather animated argument as to. whether Mr Broham could answer this* question or not, then took place, Mr White holding that the witness could oot say what effect it would have on the miode of the Bench. The Bench took this view of it, and the case proceeded. Witnea continued: it was hot proved who wrote the letter during the hearing of the case. Was not preseat at the conversation between Mr Beswick and Mr Hargreaves, manager of the Bank of New Zealand. Very shortly after the case was heard, I found the letter was written by Mr Badham. F. W. Badham :I am a farmer. The letter produced was written by me. It was some time in Fcluuary I wrote it, so far as I recol ect. Wrote it ui Spratley’s request at my bouse. He was present and signed it. It was sealed up in an envelope, stamped, and left on the mantlepiece for the mail, I happened to be going to Timaru, and took it with N me. lam 5 miles from the nearest hotel,' Spratley was in my employ from the time the letter was written, until the case was heard. He saw me daily daring that time.

To Mr Tosswill: Saw Spretley in Quinn’s Hotel. It was ten days before 4 the 2nd of March. Mr White said this was all the evidence . he intended to submit. Mr Toes will submitted there was no „ case to go to a jury. He quoted from - Johnson’s Justices of the Peace to show that unless a prima fade case was mads out the accused should not be committed. He quoted from Boscoe, page 802, to show that if the false swearing had no material effect on the question at issue ic could not be perjury. He also quoted from Russell on Crimes to the same effect. He would submit that a man may tell any number of lies in the yitaiie

hoXj and if they did not effect the case it was no perjury. . Mr White said if their worships were quite satisfied as to whether the man swore falsely, it was not their duty to decide the legal point. They had only to decide on the question of facts, and let the question of law be decided in the higher Court. The Bench retired, and after a few minutes’ absence returned and intimated that 'they bad decided to send the case for trial. : The accused oo being charged had nothing to say. CIVIL CASE. F. White T. W. Buchan—Claim £4 lls. —Judgment by default for the amount claimed and costs. The Court then rose.