RESIDENT MAGISTRATE'S COURT

Thames Star, Volume XI, Issue 3590, 29 June 1880, Page 2

RESIDENT MAGISTRATE'S COURT

THIS DAY.

Before H. Kenrick, 15sq., R.M., H. C. Lawlor, Esq., and Dr Kilgoury J's.P.)

PBBJr/HY.

Henry Elmes Campbell was charged with committing wilful and corrupt per-

jury before Harry Kenrick, B.M, at the adjourned sitting of the Licensing Com* mission for the district of Hauraki, on the 12th June. - ; '*■'"

Mr Miller conducted tip prosecution, and the accused defended himself.

Patrick Trainor said on that the Ist of June he asked Mr Campbell for his costs, who told him " to wait till he got them." This Mr Campbell denied on the 12th June hence the present prosecution. The informant, Samuel Alexander and Michael Burke were called for the prose* cution, and were subjected to lengthy cross examir itions by the accused. Hugh Mcllhoue was «worn, and deposed to the conversation between Mr Trainor and Mr Campbell at the Licensing Court, when Campbell refused to gire Trainor his expenses. He distinctly heard Campbell say, " Will you have them now or wait until you get Ihem." He described the position of the. parties, and recollected the case Trainor r. Campbell, in which the question of costs cropped up. In that case the Magistrate required the plaintiff to prove a demand and refusal. Campbell gave evidence in the case, and on the point, and gave his version of the case. Campbell swore that he told Trainor at the Licensing Court to call at his office and he would pay him, whereas Campbell did not say so. If he had said so witness must have heard it—because he was particularly interested inlj^ case. . . fH^^

Cross-examined by accused—l refer to casein Licensing Court, and I was not standing during the conversation; but may have risen during the conversation. Mr Mcllhone was here interrupted by Mr Campbell, who asked him if it was the way he put it?

Mr Mcllhone appealed to the Bench as to whether it was not an insinuation he was not telling the truth; The Chairman ruled he could not interfere. Tt was after the application made by Mr Brassey for costs that the conversation took place. ';.'.

Mr Campbell here questioned the witness about tbe position of the parties and said I only want to fix it. Mr Mcllhone replied it is quite evident you don't want the truth.

Mr Campbell: I want to put it down on my notes.

Mr Mcllhone: Your notes are harmless.

Mr Mcllhone's examination continued —I did not say the answer of the accused was " You can get it where you can " or words that bear that construction.

Mr Miller objected to the courie of examination.

By the Court—Trainor was the one made an application for costs. This closed the case for the prosecution.

[The Court then adjourned for 5 minutes.]

On returning to Court the Chairman said : We have been considering whether a prima facie case had been made out, and whether to call upon Mr Campbell for his defence. Were these particular words used at the time? Were these words at all material to the matter at issue? «

The Bench went into the question of the position of the parties at the time of the statement, and attached great importance to their position and the little dia* crepancies with regard to that position, more so than as to the fact of what wai said. The Bench said that the prosecutor was very ill advised in bringing the case into Court.

The charge was dismissed.